Taxes Consolidation Act 1997 Schedule 2C, paragraph 9

Declaration of qualifying intermediaries regarding Approved Retirement Funds or Approved Minimum Retirement Funds

Schedule 2C, paragraph 9 sets out the form and content of the declaration that a qualifying fund manager must make to an Irish Real Estate Fund (IREF) in respect of units held through an Approved Retirement Fund (ARF) or an Approved Minimum Retirement Fund (AMRF).

  • A qualifying fund manager must make a written declaration to the IREF to secure exemption from withholding tax on payments to an ARF or AMRF.
  • The declaration must confirm that the units are assets of the ARF or AMRF and are managed by the declarer for the beneficial owner.
  • The declarer must undertake to notify the IREF if the units cease to be held in the ARF or AMRF, or if the fund becomes a specified person.
  • The declaration must include the beneficial owner's name, address and tax identification number, and be made in a form prescribed by the Revenue Commissioners.

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