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25 1958

FINANCE ACT, 1958

PART VII.

Relief From Double Taxation: Income Tax, Sur-Tax, Corporation Profits Tax and Death Duties.

Agreements for relief from double taxation of income.

44. —(1) If 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 in respect of income tax, sur-tax or corporation profits tax and any taxes of a similar character, imposed by the laws of the State or by the laws of that territory, and that it is expedient that those arrangements should have the force of law, then, subject to the provisions of this Part of this Act, the arrangements shall, notwithstanding anything in any enactment, have the force of law.

(2) The provisions of the Second Schedule to this Act—

(a) shall have effect 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,

(b) in relation to the convention between the Government and the Government of the United States of America which was given the force of law by section 12 of the Finance Act, 1950 (No. 18 of 1950), shall be substituted for the provisions contained in Part II of the Second Schedule to that Act, and

(c) in relation to the agreement between the Government and the Government of Canada which was given the force of law by section 14 of the Finance Act, 1955 (No. 13 of 1955), be substituted for the provisions contained in Part II of the Second Schedule to that Act.

(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 which is not itself subject to double taxation, and the preceding provisions of this section shall have effect accordingly.

(4) In subsection (4) of section 13 of the Finance Act, 1950 , references to a dividend paid before the passing of that Act shall include references to a dividend paid before the making by the Government of an order to which subsection (1) of this section relates, and the said subsection (4) shall be construed accordingly.

(5) For the purposes of subsection (1) of this section, arrangements made with the head of a foreign state shall be regarded as made with the government thereof.

Apportionments.

45. —The necessary apportionments as respects corporation profits tax shall be made where arrangements having the force of law by virtue of section 44 of this Act 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 the said date and in the remaining part thereof respectively.

Agreements for relief from double death duties.

46. —(1) If 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 in respect of estate duty payable under the laws of the State and any duty of a similar character imposed under the laws of the State or under the laws of that territory, and that it is expedient that those arrangements should have the force of law, the arrangements shall, notwithstanding anything in any enactment, have the force of law.

(2) Where arrangements have the force of law by virtue of this section—

(a) subsection (4) of section 7 of the Finance Act, 1894, shall not have effect in relation to duty to which the arrangements apply chargeable under the laws of the territory concerned, and

(b) if the territory concerned is one to which section 20 of the Finance Act, 1894, applies, no allowance shall be made under that section in respect of duty to which the arrangements apply chargeable under the laws of that territory.

(3) Any arrangements to which the force of law is given under this section may include provision for relief from duty in the case of deaths occurring before the passing of this Act or before the making of the arrangements and provisions as to property which is not itself subject to double duty, and the provisions of this section shall have effect accordingly.

(4) For the purposes of subsection (1) of this section, arrangements made with the head of a foreign state shall be regarded as made with the government thereof.

Regulations.

47. —The Revenue Commissioners may from time to time make regulations generally for carrying out the provisions of this Part of this Act or any arrangements having the force of law thereunder 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 thereto, 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.

Disclosure of information.

48. —Where any arrangements have the force of law by virtue of this Part of this Act, 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 the arrangements are made such information as is required to be disclosed under the arrangements.

Supplementary.

49. — (1) Any order made under this Part of this Act 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.

(2) Where an order is proposed to be made under this Part of this Act, a draft thereof 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.

Amendment of section 15 of Finance Act, 1951

50. —For the purposes of section 15 of the Finance Act, 1951 (No. 15 of 1951), an arrangement made with the head of a foreign state shall be regarded as made with the government thereof.