DT9889 - Double Taxation Relief Manual: Guidance by country: Ireland: Pension business of life assurance companies
The same exemptions as those given to charities and superannuation funds under Articles 11(2) of the agreement are also given to insurance companies in respect of their pension business. Any request from a United Kingdom insurance company for a certificate under these Articles that income or gains referable to its pension business are not subject to tax in the United Kingdom should be dealt with in the Large Business Office concerned. Where the claim relates to an Irish company dividend it should be made on Irish claim form Companies General (see DT9861) and the certificate on the form should be amended to read as follows
`(b) but is 바카라 사이트¦ per cent exempt from United Kingdom tax under ICTA88/S438, in respect of the dividends from the sources specified in the Schedule above.바카라 사이트™
Where the claim relates to rents or capital gains, no special claim forms are provided and the claim should be made by letter addressed to the Office of the Revenue Commissioners, International Claims Section, 바카라 사이트 Offices, Nenagh, Co. Tipperary, Ireland. Inspectors should on request supply a certificate in relation to such a claim and forward the claim and the certificate to the International Claims Section at the above address.
Certificates should be worded as follows
`I certify that바카라 사이트¦바카라 사이트¦바카라 사이트¦바카라 사이트¦바카라 사이트¦.is resident in the United Kingdom for the purposes of United Kingdom tax but is 바카라 사이트¦ percent exempt from United Kingdom tax under ICTA88/S438 in respect of the [rent] [capital gains] derived from the sources specified in the schedule attached.
Signature Official
Stamp
Date
Claimant바카라 사이트™s United Kingdom reference number 바카라 사이트˜
Where the Irish assets which are the subject of the claim are linked solely to the claimant바카라 사이트™s pension business, or if the claimant only writes pension business, it will normally be possible to supply a final certificate that the income or gain is 100 per cent exempt from United Kingdom tax at the time the claim is made.
Where the asset is linked, but not linked solely, the appropriate percentage will be that given by Section 432ZA(4). In other cases, the pension business percentage as determined under Section 432A should be used. In the second and third cases, it will normally only be possible to provide a provisional certificate of the extent of the exemption under Section 438 for the accounting period to which the claim relates by reference to figures for the latest settled year. In such cases the word `provisionally바카라 사이트™ should be inserted before the percentage exemption figure in the certificate.
A certificate should not be refused on the grounds that profits of an insurance company바카라 사이트™s pension business are chargeable under Case VI of Schedule D under ICTA88/S436.