Taxes Consolidation Act 1997 section 1043

Application of sections 1034 and 1035 for purposes of capital gains tax

Section 1043 extends the income tax rules for assessing non-residents through their Irish branches, agents or representatives to capital gains tax.

• The income tax assessment and agency profit rules in sections 1034 and 1035 apply equally to capital gains tax, with any necessary modifications.
• A non-resident may be assessed to CGT in the name of any trustee, guardian, agent, receiver or manager acting on their behalf in Ireland.
• The assessment can proceed even where the trustee, agent or other representative is not personally in receipt of the chargeable gains.
• A non-resident is chargeable to CGT on gains arising directly or indirectly through any factorship, agency, receivership, branch or management in the State.