Finance Act 2012

Income tax on payments by non-resident companies.

43.— (1) Section 238 of the Principal Act is amended in subsection (6) by deleting “resident in the State”.

(2) Section 241 of the Principal Act is amended in subsection (2)—

(a) in paragraph (a)(i) by substituting “section 238(2) or 246(2)” for “section 238(2)”,

(b) in paragraph (a)(ii) by substituting “section 238(2) or 246(2)” for “section 238(2)”,

(c) by deleting “and” before paragraph (b), and

(d) by substituting the following for paragraph (b):

“(b) section 239(5) shall apply to income tax in respect of payments referred to in paragraph (a), and

(c) income tax in respect of which a return is to be made under paragraph (a) shall, for the purposes of the charge, assessment, collection and recovery from the company making the payments of that tax and of any interest or penalties on that tax, be treated as if it were corporation tax chargeable for the accounting period for which the return is required under paragraph (a).”.