Double Tax Ag Corp
TAXES CONSOLIDATION ACT
Part 35
Double Taxation Relief (ss. 826-835)
Chapter 1 Principal reliefs (ss. 826-829)
826.
Agreements for relief from double taxation.
(1)Where –
(a)the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to –
(i)affording relief from double taxation in respect of –
(I)income tax,
(II)corporation tax in respect of income and chargeable gains (or, in the case of arrangements made before the enactment of the Corporation Tax Act 1976, corporation profits tax),
(III)capital gains tax,
(IV)any taxes of a similar character,
imposed by the laws of the State or by the laws of that territory, and
(ii)in the case of taxes of any kind or description imposed by the laws of the State or the laws of that territory –
(I)exchanging information for the purposes of the prevention and detection of tax evasion,
(II)granting relief from taxation under the laws of that territory to persons who are resident in the State for the purposes of tax, or
(III)collecting and recovering tax (including interest, penalties and costs in connection with such tax) for the purposes of the prevention of tax evasion,
and that it is expedient that those arrangements should have the force of law, and
(b)the order so made is referred to in Part 1 of Schedule 24A,
then, subject to this section and to the extent provided for in this section, the arrangements shall, notwithstanding any enactment, have the force of law as if each such order were an Act of the Oireachtas on and from the date of –
(A)the insertion of Schedule 24A into this Act, or
(B)the insertion of a reference to the order into Part 1 of Schedule 24A,
whichever is the later.
(1A)Where –
(a)the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to affording relief from double taxation of air transport undertakings and their employees in respect of all taxes which are or may become chargeable on profits, income and capital gains imposed by the laws of the State or the laws of that territory, and that it is expedient that those arrangements should have the force of law, and
(b)the order so made is referred to in Part 2 of Schedule 24A,
then, subject to this section and to the extent provided for in this section, the arrangements shall, notwithstanding any enactment, have the force of law as if each such order were an Act of the Oireachtas on and from the date of –
(i)the insertion of Schedule 24A into this Act, or
(ii)the insertion of a reference to the order into Part 2 of Schedule 24A,
whichever is the later.
(1B)Where –
(a)the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to –
(i)exchanging information for the purposes of the prevention and detection of tax evasion in the case of taxes of any kind or description imposed by the law of the State or the laws of that territory,
(ii)such other matters relating to affording relief from double taxation as the Government consider appropriate,
and that it is expedient that those arrangements should have the force of law, and
(b)the order so made is specified in Part 3 of Schedule 24A,
then, subject to this section, the arrangements shall, notwithstanding any enactment, have the force of law as if each such order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 3 of Schedule 24A.
(1C)Where –
(a)the Government by order declares that it has become a signatory to the Convention on Mutual Administrative Assistance in Tax Matters which was done at Strasbourg on the 25th day of January 1988, or any Protocol to the Convention, for the purposes of the prevention and detection of tax evasion in the case of taxes of any kind or description imposed by the laws of the State or the laws of the territories of the signatories other than the State to the Convention and that it is expedient that the Convention, or any Protocol to the Convention, should have the force of law, and
(b)the order so made is referred to in Part 4 of Schedule 24A,
then, subject to this section, the Convention or any Protocol to the Convention shall, notwithstanding any enactment, have the force of law as if the order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 4 of Schedule 24A.
(1D)Where –
(a)the Government by order declare –
(i)that arrangements, in relation to any matter referred to in subparagraph (i) or (ii) of subsection (1)(a) and specified in the order, have been made with an authority, other than a government, of a territory outside the State, and
(ii)that it is expedient that those arrangements should have the force of law,
and
(b)the order so made is referred to in Part 1 of Schedule 24A,
then, subject to this section and to the extent provided for in this section, the arrangements shall, notwithstanding any enactment, have the force of law as if each such order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 1 of Schedule 24A.
(1E)Where –
(a)the Government by order declare –
(i)that it has become a signatory to the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (in this section referred to as the ‘Multilateral Convention’) which was done at Paris on the 24th day of November 2016, for the purposes of the modification of arrangements of the type specified in subsection (1), such that –
(I)the extent to which the Government wishes to modify each such arrangement is specified in full in the reservations and notifications made to the Secretary-General of the Organisation for Economic Co-operation and Development (in this section referred to as ‘the Depository’) in accordance with the Multilateral Convention,
(II)any such arrangement may only be modified where the government of the territory outside the State with which the arrangement has been made has completed its own internal ratification procedures in relation to the Multilateral Convention and has notified that arrangement to the Depository, and
(III)a provision of any such arrangement may only be modified to the extent that the government of the territory outside the State with which the arrangement has been made has specified the provision in its notifications made to the Depository in accordance with the Multilateral Convention and there is no incompatibility between the specification of that government and the specification made under clause (I),
and
(ii)that it is expedient that the Multilateral Convention should have the force of law,
and
(b)the order so made is referred to in Part 5 of Schedule 24A,
then, this section shall apply with any modifications necessary to give effect to this subsection, and notwithstanding any other enactment, the Multilateral Convention shall have the force of law as if the order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 5 of Schedule 24A.
(2)Schedule 24 shall apply where arrangements which have the force of law by virtue of this section provide that tax payable under the laws of the territory concerned shall be allowed as a credit against tax payable in the State.
(3)Any arrangements to which the force of law is given under this section may include provision for relief from tax for periods before the passing of this Act or before the making of the arrangements and provisions as to income or chargeable gains which is or are not subject to double taxation, and subsections (1) and (2) shall apply accordingly.
(4)For the purposes of subsection (1), arrangements made with the head of a foreign state shall be regarded as made with the government of that state.
(5)Any order made under this section may be revoked by a subsequent order, and any such revoking order may contain such transitional provisions as appear to the Government to be necessary or expedient.
(6)Where an order is proposed to be made under this section, a draft of the order shall be laid before Dáil Éireann and the order shall not be made until a resolution approving of the draft has been passed by Dáil Éireann.
(7)Where any arrangements have, or the Convention or any Protocol to the Convention has, the force of law by virtue of this section, the obligation as to secrecy imposed by any enactment shall not prevent the Revenue Commissioners or any authorised officer of the Revenue Commissioners from disclosing to any authorised officer of the government with which arrangements have been made, or of a party to the Convention or any Protocol to the Convention, as the case may be, such information as is required to be disclosed for the purposes of the arrangements or the Convention or any Protocol to the Convention.
(8)The necessary apportionments as respects corporation tax shall be made where arrangements having the force of law by virtue of this section apply to the unexpired portion of an accounting period current at a date specified by the arrangements, and any such apportionment shall be made in proportion to the number of months or fractions of months in the part of the relevant accounting period before that date and in the remaining part of the relevant accounting period respectively.
(9)The Revenue Commissioners may from time to time make regulations generally for carrying out the provisions of this section or any arrangements having the force of law under this section and may in particular, but without prejudice to the generality of the foregoing, by those regulations provide –
(a)for securing that relief from taxation imposed by the laws of the territory to which any such arrangements relate does not enure to the benefit of persons not entitled to such relief, and
(b)for authorising, in cases where tax deductible from any periodical payment has, in order to comply with any such arrangements, not been deducted and it is discovered that the arrangements do not apply to that payment, the recovery of the tax by assessment on the person entitled to the payment or by deduction from subsequent payments.
(10)For the purposes of an order under subsection (1D), where an order is made under that subsection in relation to a territory outside the State –
(a)any reference to country in this Act or any other enactment shall be construed as including a reference to the territory, and
(b)any reference to government in this Act or any other enactment shall be construed as including a reference to the authority, referred to in subsection (1D), of the territory.
826A.
Unilateral relief from double taxation.
Where relief from double taxation is not afforded by virtue of section 826, relief (known as ‘unilateral relief’) from tax shall be given in respect of tax paid under the laws of a territory other than the State in accordance with Schedule 24.
827.
Application to corporation tax of arrangements made in relation to corporation profits tax under old law.
Subject to any express amendments made by the Corporation Tax Acts and except in so far as arrangements made on or after the 31st day of March, 1976, provide otherwise, any arrangements made under section 361 of the Income Tax Act, 1967, or any earlier enactment corresponding to that section, in relation to corporation profits tax shall apply in relation to corporation tax and income and chargeable gains chargeable to corporation tax as they are expressed to apply in relation to corporation profits tax and profits chargeable to corporation profits tax, and not as they apply in relation to income tax; but this section shall not affect the operation, as they apply to corporation tax, of section 826(7) and paragraph 12 of Schedule 24.
828.
Capital gains tax: double taxation relief.
(1)For the purposes of giving relief from double taxation in relation to capital gains tax charged under the law of any country outside the State, in section 826 and Schedule 24 as they apply for the purposes of income tax, for references to income there shall be substituted references to chargeable gains, for references to the Income Tax Acts there shall be substituted references to the Capital Gains Tax Acts and for references to income tax there shall be substituted references to capital gains tax meaning, as the context may require, tax charged under the law of the State or tax charged under the law of a country outside the State.
(2)In so far as capital gains tax charged under the law of a country outside the State may by virtue of this section be taken into account under section 826 and Schedule 24 as applied by this section, that tax, whether relief is given by virtue of this section in respect of it or not, shall not be taken into account for the purposes of those provisions as they apply apart from this section.
(3)Section 826(7) shall apply in relation to capital gains tax as it applies in relation to income tax.
(4)Subject to subsections (1) to (3) and the other provisions of the Capital Gains Tax Acts relating to double taxation, the tax chargeable under the law of any country outside the State on the disposal of an asset which is borne by the person making the disposal shall be allowable as a deduction in the computation under Chapter 2 of Part 19 of the gain accruing on the disposal.
829.
Treatment for double taxation relief purposes of foreign tax incentive reliefs.
(1)This section shall apply to any relief given with a view to promoting industrial, commercial, scientific, educational or other development in a territory outside the State.
(2)For the purposes of section 826 and Schedule 24, any amount of tax under the law of a territory outside the State which would have been payable but for a relief to which this section applies given under that law (being a relief with respect to which provision is made in arrangements for double taxation relief which are the subject of an order under section 826 (1)) shall be treated as having been payable, and references in section 826 and in Schedule 24 to double taxation, tax payable or chargeable or tax not chargeable directly or by deduction shall be construed accordingly.
(3)The Revenue Commissioners may make regulations generally for carrying out the provisions of this section or any arrangements having the force of law under section 826 and may in particular, but without prejudice to the generality of the foregoing, provide in the regulations –
(a)for the purposes of this section or of the regulations, for the application (with or without modifications) of any provision of the Tax Acts or any regulations made under those Acts, and
(b)that the whole or any part of a dividend paid out of profits or gains which consist of or include profits or gains in relation to which double taxation relief is given by virtue of this section is not to be regarded as income or profits for any purpose of the Tax Acts.
Chapter 2 Miscellaneous (ss. 830-835)
830.
Relief to certain companies liable to foreign tax.
(1)In this section –
“accounting period” includes a part of an accounting period;
“external tax” means a tax chargeable and payable under the law of the territory in which the paying company is resident, being a territory to which this section applies, and which corresponds to Irish corporation tax or income tax or both of those taxes, but a tax payable under the law of a province, state or other part of a country, or which is levied by or on behalf of a municipality or other local body, shall for the purposes of this subsection be deemed not to correspond to those taxes.
(2)This section shall apply to every territory other than a territory with the government of which arrangements are for the time being in force by virtue of section 826(1).
(3)Where a company (in this section referred to as “the investing company”) has paid by deduction or otherwise, or is liable to pay, by reference to any part of its income arising in a territory to which this section applies, tax for any accounting period and –
(a)that part of the investing company’s income consists of a dividend or interest paid to it by a company resident in the territory (in this section referred to as “the paying company”) not less than 50 per cent of the voting power in which is controlled directly or indirectly by the investing company,
(b)that dividend or interest arose from the investment in the paying company by the investing company, whether by means of loan or otherwise, of a sum or sums representing –
(i)profits the Irish tax referable to which was reduced to nil under –
(I)Part III of the Finance (Miscellaneous Provisions) Act, 1956,
(II)Chapter IV of Part XXV of the Income Tax Act, 1967, or
(III)Part IV of the Corporation Tax Act, 1976,
(ii)such proportion of profits the Irish tax referable to which was reduced otherwise than to nil under those provisions as is equal to the proportion by which that Irish tax has been so reduced, or
(iii)profits arising from exempted trading operations which by virtue of –
(I)Parts I and II of the Finance (Miscellaneous Provisions) Act, 1958,
(II)Chapter I of Part XXV of the Income Tax Act, 1967, or
(III)Part V of the Corporation Tax Act, 1976,
were not, in relation to the company by which such operations were carried on, taken into account for any purpose of –
(A)the Income Tax Acts,
(B)Part V of the Finance Act, 1920, and the enactments amending or extending that Part, or
(C)the Corporation Tax Acts,
and
(c)the investing company has paid external tax in the territory in respect of that part of its income,
then, the Revenue Commissioners may grant to the investing company in respect of that accounting period such relief as is just with a view to affording relief in respect of the double taxation of that part of the investing company’s income, but not exceeding the lesser of –
(aa)50 per cent of the total of the corporation tax which but for this section would be payable by the investing company in respect of that part of its income, and
(bb)the amount of the external tax paid or payable in the territory in respect of that part of its income after deduction of any relief to which the company may be entitled in that territory.
(4)
(a)External tax paid by the paying company in respect of its profits shall be taken into account in considering whether any, and if so what, relief ought to be allowed in respect of a dividend paid by the paying company to the investing company, and for the purposes of this section (other than this subsection) such tax or the appropriate part of such tax shall be regarded as external tax paid by the investing company.
(b)Paragraph 8 of Schedule 24 shall apply for the purpose of ascertaining the amount of the external tax paid by the paying company which is to be taken into account in relation to any dividend paid by the paying company to the investing company as it applies to the computation of foreign tax to be taken into account for the purposes of that paragraph.
(5)
(a)Nothing in this section shall authorise the granting of relief under this section to any company in respect of any accounting period to such an extent as would reduce the aggregate amount (computed after deduction of any relief to which the company may be entitled in the territory) of the corporation tax and external tax payable by such company in respect of any part of its income of the kind described in subsection (3)(a) arising in a territory to which this section applies below the amount of corporation tax which would be payable by the company in respect of that part of its income if that part of its income had arisen in the State and had been liable in the hands of the investing company to corporation tax
(b)In computing for the purposes of paragraph (a) the amount of corporation tax which would be so payable by the company in respect of that part of its income if that part had arisen in the State –
(i)no deduction for external tax shall be made from that part of its income, and
(ii)where pursuant to subsection (4) external tax paid by the paying company is regarded as external tax paid by the investing company, that part of the investing company’s income shall be treated as increased by the amount of the external tax which is so regarded.
(6)Relief under this section shall be given as a credit against corporation tax chargeable by reference to the part of the investing company’s income referred to in subsection (3)(a).
(7)Any claim for relief under this section shall be made in writing to the inspector not later than 6 years from the end of the accounting period to which it relates.
(8)An investing company aggrieved by a decision of the inspector in relation to a claim for relief by that company under subsection (7) may appeal the decision to the Appeal Commissioners, in accordance with section 949I, within the period of 30 days after the date of the notice of that decision.
831.
Implementation of Council Directive No. 90/435/EEC concerning the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States.
(1)
(a)In this section –
“bilateral agreement” means any arrangements having the force of law by virtue of section 826(1), protocol or other agreement between the Government and the government of another Member State;
“company” means a company of a Member State;
“company of a Member State” has the meaning assigned to it by Article 2 of the Directive;
“the Directive” means Council Directive 2011/96/EU of 30 November 2011 , as amended, on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States;
“distribution” means income from shares or from other rights, not being debt claims, to participate in a company’s profits, and includes any amount assimilated to income from shares under the taxation laws of the State of which the company making the distribution is resident;
“foreign tax” means any tax which –
(i)is payable under the laws of a Member State other than the State, and
(ii)
(I)is specified in Annex I, Part B of the Directive, or
(II)is substituted for and is substantially similar to a tax so specified;
“Member State” means a Member State of the European Communities;
“parent company” means a company (referred to in this definition as the “first-mentioned company”) being –
(i)a company which owns at least 5 per cent of the share capital of another company which is not resident in the State, or
(ii)a company not resident in the State which owns at least 5 per cent of the share capital of another company which is resident in the State,
but where a bilateral agreement contains a provision to the effect –
(I)that a company shall only be a parent company during any uninterrupted period of at least 2 years throughout which at least 5 per cent of the share capital of the other company is owned by the first-mentioned company, or
(II)that –
(A)the requirement (being the requirement for the purposes of this definition) that a company own at least 5 per cent of the share capital of another shall be treated as a requirement that the first-mentioned company holds at least 5 per cent of the voting rights in the other company, or
(B)that requirement shall be so treated and a company shall only be a parent company during any uninterrupted period of at least 2 years throughout which at least 5 per cent of the voting rights in the other company is held by the first-mentioned company,
then, in its application to a company to which the provision in the bilateral agreement applies, this definition shall apply subject to that provision and shall be construed accordingly;
“tax”, in relation to a relevant territory, means any tax imposed in that territory which corresponds to income tax or corporation tax in the State.
(b)For the purposes of this section, a company shall be a subsidiary of another company which owns shares or holds voting rights in it where the other company’s ownership of those shares or holding of those rights is sufficient for that other company to be a parent company.
(c)A word or expression used in this section and in the Directive has, unless the contrary intention appears, the same meaning in this section as in the Directive.
(2)Subject to subsections (3) and (4), where a parent company receives a distribution chargeable in the State to corporation tax, other than a distribution in a winding up, from its subsidiary which is a company not resident in the State –
(a)credit shall be allowed for –
(i)any witholding tax charged on the distribution by a Member State pursuant to a derogation duly given from Article 5 of the Directive,
(ii)any foreign tax, not chargeable directly or by deduction in respect of the distribution, which is borne by the company making the distribution, and is properly attributable to the proportion of its profits which is represented by the distribution, in so far as that foreign tax exceeds so much of any tax credit in respect of the distribution as is payable to the parent company by the Member State in which the company making the distribution is resident, and
(iii)any foreign tax borne by a company that would be allowed under paragraph 9B of Schedule 24 if in subparagraphs (2) and (3) “and is connected with the relevant company” in each place where it occurs were deleted.
against corporation tax in respect of the distribution to the extent that credit for such withholding tax and foreign tax would not otherwise be so allowed, and
(b)notwithstanding Chapter 2 of Part 4, the distribution shall not be a dividend to which that Chapter applies.
(2A)Subject to subsections (3) and (4), where by virtue of the legal characteristics of a subsidiary (being a company which is not resident in the State) of a parent company, the parent company is chargeable to tax in the State on its share of the profits of the subsidiary company as they arise credit shall be allowed for so much of –
(a)any foreign tax borne by the subsidiary, and
(b)any foreign tax that would be treated as tax paid by the subsidiary company under paragraph 9B of Schedule 24 if –
(i)the subsidiary company were the foreign company for the purposes of that paragraph, and
(ii)in subparagraphs (2) and (3) of that paragraph “and is connected with the relevant company” in both places where it occurs were deleted,
as is properly attributable to the proportion of the subsidiary’s profits which are chargeable on the parent company in the State against corporation tax in respect of the profits so chargeable on the parent company to the extent that credit for such foreign tax would not otherwise be so allowed.
(3)Where by virtue of subsection (2)(a) or (2A) a company is to be allowed credit for tax payable under the laws of a Member State other than the State, Schedule 24 shall apply for the purposes of that subsection as if –
(a)the provisions of that subsection were arrangements having the force of law by virtue of section 826(1) providing that tax so payable shall be allowed as a credit against tax payable in the State, and
(b)references in Schedule 24 to a dividend were references to a distribution within the meaning of this section.
(4)Subsection (2) shall apply without prejudice to any provision of a bilateral agreement.
(5)Chapter 8A of Part 6, other than section 172K, shall not apply to a distribution made to a parent company which is not resident in the State by its subsidiary which is a company resident in the State.
(5A)[deleted]
(6)Subsection (5) shall not have effect in relation to a distribution made to a parent company if the majority of the voting rights in the parent company are controlled directly or indirectly by persons, other than persons who by virtue of the law of any relevant territory are resident for the purposes of tax in such a relevant territory (within the meaning assigned by section 172A), unless it is shown that the parent company exists for bona fide commercial reasons and does not form part of any arrangement or scheme of which the main purpose, or one of the main purposes, is the avoidance of liability to income tax (including dividend withholding tax under Chapter 8A of Part 6), corporation tax or capital gains tax.
(7)
(a)Subsections (1) to (5) shall not apply to an arrangement or a series of arrangements which –
(i)has been put in place for the main purpose of, or one of the main purposes of which is, obtaining a tax advantage that defeats the object or purpose of the Directive, and
(ii)is not genuine having regard to all the facts and circumstances.
(b)For the purposes of paragraph (a)(ii), an arrangement or series of arrangements shall be regarded as not genuine to the extent that it is not put into place for valid commercial reasons which reflect economic reality.
(c)In this subsection and subsection (6), an arrangement may comprise more than one step or part.
831A.
Treatment of distributions to certain parent companies.
(1)
(a)In this section –
‘company’, in relation to a company that is resident for the purposes of tax in Switzerland, means a company which –
(i)takes one of the forms specified in Article 15 of the Agreement attached to the Council Decision (2004/911/EC) of 2 June 2004 on the signing and conclusion of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments and the accompanying Memorandum of Understanding , and
(ii)is subject to tax in Switzerland without being exempt;
‘parent company’ means a company which controls not less than 25 per cent of the voting power in another company;
‘tax’, in relation to Switzerland, means any tax imposed in Switzerland which corresponds to income tax or corporation tax in the State.
(b)For the purposes of this section a company shall be a subsidiary of another company which holds voting rights in it where the other company’s holding of those rights is sufficient for that other company to be a parent company.
(2)Chapter 8A of Part 6, other than section 172K, shall not apply to a distribution made to a parent company which is, by virtue of the law of Switzerland, resident for the purposes of tax in Switzerland by its subsidiary which is a company resident in the State.
832.
Provisions in relation to Convention for reciprocal avoidance of double taxation in the State and the United Kingdom of income and capital gains.
(1)In this section –
“the Convention” means the Convention between the Government of Ireland and the Government of the United Kingdom for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital gains, and the Protocol amending the Convention, both of which are set out in the Schedule to the Double Taxation Relief (Taxes on Income and Capital Gains) (United Kingdom) Order, 1976 (S.I. No. 319 of 1976).
(2)[deleted]
(3)For the purpose of giving effect to the Convention, the Tax Acts shall, for any year for which the Convention is in force, apply subject to the modifications in section 73.
(4)
(a)In applying section 707 in the case of a society registered under the enactments for the time being in force in the United Kingdom corresponding to the Friendly Societies Acts, 1896 to 1977, only expenses of management attributable to the life business referable to contracts of assurance made on or after the 6th day of April, 1976, shall be taken into account.
(b)In applying subsection (4) of section 726 in the case of a society referred to in paragraph (a), there shall be excluded from the liabilities of which B in that subsection is the average any liabilities to policy holders arising from contracts made before the 6th day of April, 1976.
(c)This subsection shall be construed as one with Part 26.
833. Convention with United States of America.
Deleted from 6 April 1998
(1)Schedule 24 shall apply for the purposes of giving effect to the Convention set out in Schedule 25 concluded on the 13th day of September, 1949, between the Government of Ireland and the Government of the United States of America.
(2)The Revenue Commissioners may from time to time make regulations in relation to the granting of the reliefs specified in the Convention and may in particular by those regulations provide –
(a)for securing that no such reliefs from taxation imposed by the laws of the United States of America as are provided for in the Convention shall enure to the benefit of persons not entitled to such reliefs, and
(b)for authorising, in cases where tax deductible from any periodical payment has, in order to comply with the terms of the Convention, not been deducted and it is discovered that the Convention does not apply to that payment, the recovery of the tax by assessment on the person entitled to the payment or by deduction from subsequent payments.
834. Relief in respect of ships documented under laws of United States of America.
Deleted from 6 April 1998
Exemption shall be granted from tax in respect of so much of the income of a citizen of the United States of America not resident in the State or of a corporation organised in the United States of America as is derived from the operation of a ship or ships documented under the laws of the United States of America.
835. Saver for arrangements made under section 362 of Income Tax Act, 1967.
Notwithstanding the repeal of section 362 of the Income Tax Act, 1967, by section 23(1) of the Finance Act, 1987, where before the 9th day of July, 1987, an order was made under section 362 of the Income Tax Act, 1967, the arrangement to which the order relates shall continue to have the force of law.