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Amendment of Chapter 1 of Part 33 of Principal Act (anti-avoidance)
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21. (1) Chapter 1 of Part 33 of the Principal Act is amended—
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(a) in section 806 by inserting the following after subsection (10):
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“(11) (a) For the purposes of this subsection—
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‘non-resident person’ means a person resident or domiciled out of the State as referred to in subsection (3) or (5);
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‘relevant Member State’ means a state, other than the State, which is a Member State of the European Union, or not being such a Member State, a state which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2 May 1992 as adjusted by the Protocol signed at Brussels on 17 March 1993;
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‘relevant transactions’ has the same meaning as it has in subsection (10).
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(b) Where a non-resident person is resident in a relevant Member State, subsection (10) shall apply as if the following were substituted for paragraphs (b), (c), (d) and (e) of that subsection:
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‘(b) Subsections (4) and (5) shall not apply where the individual concerned shows in writing or otherwise to the satisfaction of the Revenue Commissioners that—
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(i) it would not be reasonable to draw the conclusion that the relevant transactions form part of any arrangement or scheme of which the main purpose is, or one of the main purposes is, the avoidance of a liability to tax, and
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(ii) genuine economic activities are carried on by the non- resident person in the relevant Member State.’.”,
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(b) in section 807 by deleting subsection (5), and
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(c) in section 807A—
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(i) by deleting subsection (5), and
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(ii) in subsection (7) by substituting “, (10) and (11) ” for “and (10) ”.
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(2) Paragraphs (b) and (c)(i) of subsection (1) shall apply to income arising on or after 1 January 2016.
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