Taxes Consolidation Act 1997 section 25

Companies not resident in the State

Section 25 sets out when a non-resident company falls within the charge to corporation tax in Ireland, including the scope of chargeable profits for companies trading through a branch or agency and the treatment of Irish rental income.

• A foreign company is only subject to Irish corporation tax if it trades in Ireland through a branch or agency, or if it receives Irish rental income or property gains (from 1 January 2022).
• Where a foreign company trades through an Irish branch, corporation tax applies to trading income from the branch, income from property or rights held by the branch, and chargeable gains attributable to the branch — but not to gains on assets that were never used by the branch.
• From 1 January 2022, a non-resident company receiving Irish rental income (Case V of Schedule D) is chargeable to corporation tax on that income, and any gains on the disposal of the related property are also within the corporation tax charge rather than capital gains tax.
• Income tax deducted at source from payments received by a non-resident company is set off against its corporation tax liability, but no refund of income tax is available until the corporation tax assessment for the relevant accounting period has been finalised.