Taxes Consolidation Act 1997 section 892

Returns by nominee holders of securities

Section 892 requires nominee holders of securities, when requested by a Revenue inspector, to disclose whether they are the beneficial owner and, if not, to provide specified details about each beneficial owner on whose behalf the securities are registered.

  • "Securities" is broadly defined to include company shares, stocks, bonds, debentures, promissory notes, Irish government securities (including those guaranteed by the Minister for Finance), and securities of any foreign government.
  • Where an inspector issues a written notice to a registered holder, that person must state whether they are the beneficial owner of the securities and, if not, must provide the name and address of each beneficial owner, the nominal value of the securities held on their behalf (and, for shares, the number and class), and the date each security was registered in the nominee's name.
  • The information must be furnished within the time specified in the inspector's notice, and the prescribed form for the return is the Form 21R, which must cover all securities held at any time during the return period, not just those held at the end of it.
  • A return is not required where the details have already been provided under another provision of the Tax Acts, and shareholders of shelf companies (companies that have never traded and hold no assets other than nominal subscriber shares) need not make returns in respect of such shares.

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