Taxes Consolidation Act 1997 Schedule 24 paragraph 3

Double taxation relief - Residence requirement

Paragraph 3 of Schedule 24 sets out the residence requirement that must be satisfied before a credit for foreign tax can be claimed against Irish tax.

• Credit for foreign tax against income tax or corporation tax is only available to a person who is resident in the State.
• The claimant must be resident for the year of assessment (income tax) or accounting period (corporation tax) in which the income arises.
• A non-resident person cannot claim foreign tax credit relief under the general rules in Schedule 24.
• An exception applies for certain EU-resident companies that trade in the State through a branch, which may claim credit for relevant foreign tax under paragraphs 9A, 9B and 9C.