Taxes Consolidation Act 1997 section 172J

Credit for, or repayment of, dividend withholding tax borne

Section 172J provides the rules for claiming credit for, or obtaining a refund of, dividend withholding tax (DWT) that has been deducted from a distribution.

  • A person within the charge to income tax who has suffered DWT on a distribution may set the DWT against their income tax liability for that year, and claim a refund of any excess.
  • A person not within the charge to income tax may claim a full refund of any DWT deducted from distributions to which they are beneficially entitled.
  • A non-liable person (or a person who would have been non-liable but for the requirement to make a declaration of exemption) may also claim a full DWT refund, whether in a year of assessment or a company's accounting period.
  • All claims must be supported by the statement issued under section 172I(1) by the company or authorised withholding agent, and Revenue will only approve a credit or refund where they receive satisfactory evidence of entitlement.

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