Taxes Consolidation Act 1997 section 790F

Exemption from income tax of rental income subject to registration with Residential Tenancies Board

Section 790F provides that, from 1 January 2024, pension funds and retirement vehicles in receipt of rental income from qualifying leases of residential properties must have the tenancies registered with the Residential Tenancies Board (RTB) in order to retain their tax exemptions.

• Occupational pension schemes, RACs, PRSAs, PEPPs and ARFs that hold residential investment properties may be exempt from income tax on rental income and from capital gains tax on disposal gains, provided certain conditions are met.
• From 1 January 2024, these exemptions do not apply to rents from a qualifying lease unless the tenancy has been registered with the RTB under Part 7 of the Residential Tenancies Act 2004.
• Revenue may issue a written notice requiring the person chargeable to provide evidence of RTB registration within 30 days.
• A copy of the property's entry in the RTB's published register is accepted as sufficient evidence of compliance with the registration requirement.