[Code of Federal Regulations]
[Title 26, Volume 18, Parts 500 to 599]
[Revised as of April 1, 2000]
From the U.S. Government Printing Office via GPO Access
[CITE: 26CFR513.2]

[Page 53-56]
 
                       TITLE 26--INTERNAL REVENUE
 
     CHAPTER 1--INTERNAL REVENUE SERVICE DEPARTMENT OF THE TREASURY 
                               (Continued)
 
PART 513--IRELAND--Table of Contents
 
                       Subpart--Withholding of Tax
 
Sec. 513.2  Dividends.

    (a) General. (1) Under Article VI of the convention the rate of tax 
imposed with respect to dividends by section 211(a) of the Internal 
Revenue Code (relating to nonresident alien individuals not engaged in 
trade or business within the United States) and by section 231(a) of the 
Internal Revenue Code (relating to foreign corporations not engaged in 
trade or business within the United States) is reduced to 15 percent in 
the case of dividends derived from a United States corporation and 
received in taxable years beginning on or after January 1, 1951, by a 
nonresident alien (including a nonresident alien individual, fiduciary, 
and partnership) who is resident in Ireland for the purposes of Irish 
tax, or by a foreign corporation (whether or not created or organized in

[[Page 54]]

or under the laws of Ireland) whose business is managed and controlled 
in Ireland, if such alien or corporation is subject to Irish tax on such 
dividends and at no time during the taxable year had a permanent 
establishment within the United States. As to what is a United States 
corporation, see Article II (1)(d) of the convention.
    (2) Thus, if a nonresident alien who is resident in Ireland for the 
purposes of Irish tax performs personal services within the United 
States during the taxable year, has at no time during such year a 
permanent establishment within the United States, and is subject to 
Irish tax on a dividend derived by him in such year from a United States 
corporation, he is entitled to the reduced rate of tax with respect to 
such dividend, as provided in Article VI of the convention, even though 
under the provisions of section 211(b) of the Internal Revenue Code he 
has engaged in trade or business within the United States during such 
year by reason of his having rendered personal services therein.
    (3) The fact that the payee of the dividend is not required to pay 
Irish tax on such dividend because of the application of reliefs or 
exemptions under Irish revenue laws does not prevent the application of 
the reduction in rate of United States tax with respect to such 
dividend. If the dividend would have been subject to Irish tax had the 
payee thereof derived an income large enough to require payment of tax 
then liability to Irish tax exists for the purpose of the reduction in 
rate of United States tax. As to what constitutes a permanent 
establishment, see Article II (1)(l) of the convention.
    (4) In the case of dividends paid on or after January 1, 1951, by an 
Irish corporation, as defined in Article II (1)(e) of the convention, no 
withholding of United States tax is required. See Article XV (1) of the 
convention.
    (b) Dividends paid by a United States subsidiary corporation. (1) 
Under the proviso of Article VI (1) of the convention dividends derived 
from a domestic corporation by a foreign corporation whose business is 
managed and controlled in Ireland and which controls, directly or 
indirectly, at the time the dividends is paid 95 percent or more of the 
entire voting power in such domestic corporation are, when received in 
taxable years beginning on or after January 1, 1951, subject to tax at 
the rate of only 5 percent, if (i) not more than 25 percent of the gross 
income of such paying corporation for the three-year period immediately 
preceding the taxable year in which the dividend is paid consists of 
dividends and interest (other than dividends and interest paid to such 
domestic corporation by its own subsidiary corporations, if any), (ii) 
the relationship between such domestic corporation and such foreign 
corporation has not been arranged or maintained primarily with the 
intention of securing such reduced rate of 5 percent, (iii) such foreign 
corporation is subject to Irish tax on such dividends, and (iv) such 
foreign corporation at no time during the taxable year had a permanent 
establishment within the United States.
    (2) Any domestic corporation which claims or contemplates claiming 
that dividends paid or to be paid by it on or after January 1, 1951, are 
subject only to the 5 percent rate shall file the following information 
with the Commissioner of Internal Revenue as soon as practicable: (i) 
The date and place of its organization; (ii) the location of the 
management and control of the foreign corporation to which the dividends 
are paid or to be paid; (iii) the number of outstanding shares of stock 
of the domestic corporation having voting power and the voting power 
thereof; (iv) the person or persons beneficially owning such stock of 
the domestic corporation and their relationship to such foreign 
corporation; (v) the amount of gross income by years of the domestic 
corporation for the three-year period immediately preceding the taxable 
year in which the dividend is paid; (vi) the amount of interest and 
dividends by years included in the gross income of the domestic 
corporation, and the amount of interest and dividends by years received 
by such corporation from its subsidiary corporations, if any; and (vii) 
the relationship between the domestic corporation and the foreign 
corporation to which it pays the dividend.
    (3) As soon as practicable after such information is filed, the 
Commissioner

[[Page 55]]

of Internal Revenue will determine whether the dividends concerned fall 
within the scope of the proviso of Article VI(1) of the convention and 
may authorize the release of excess tax withheld with respect to 
dividends which come within such proviso. In any case in which the 
Commissioner of Internal Revenue has notified the domestic corporation 
that the dividends fall within the scope of such proviso the reduced 
withholding rate of 5 percent will apply to any dividends subsequently 
paid by such corporation to the foreign corporation, unless the stock 
ownership of the domestic corporation, or the character of its income, 
or the place of management and control of the corporation to which the 
dividend is paid materially changes; or unless the Commissioner of 
Internal Revenue determines that the relationship between the two 
corporations is being maintained primarily with the intention of 
securing the reduced rate of tax; and, if such change in stock 
ownership, character of income, or place of management and control 
occurs, the domestic corporation shall promptly notify the Commissioner 
of Internal Revenue of the then existing facts with respect thereto. The 
continued application of the reduced withholding rate is also dependent 
upon the continued fulfillment of conditions in subparagraph (1) (iii) 
and (iv) of this paragraph.
    (c) Effect of address in Ireland on withholding in case of 
dividends. For the purpose of withholding of the tax in the case of 
dividends every nonresident alien (including a nonresident alien 
individual, fiduciary, and partnership) whose address is in Ireland 
shall be deemed by United States withholding agents to be a nonresident 
alien who is (1) resident in Ireland for the purposes of Irish tax, (2) 
subject to Irish tax on such dividends, and (3) without a permanent 
establishment in the United States; and every foreign corporation whose 
address is in Ireland shall be deemed by such withholding agents to be a 
foreign corporation whose business is managed and controlled in Ireland 
and which is (i) subject to Irish tax on such dividends and (ii) without 
a permanent establishment in the United States.
    (d) Rate of withholding. (1) Withholding at source in the case of 
dividends derived from a United States corporation and paid on or after 
January 1, 1952, to nonresident aliens (including a nonresident alien 
individual, fiduciary, and partnership) and to foreign corporations, 
whose addresses are in Ireland, shall be at the rate of 15 percent in 
every case except that in which, prior to the date of payment of such 
dividends, the Commissioner of Internal Revenue has notified the 
withholding agent that (i) such dividends fall within the scope of the 
proviso of Article VI(1) of the convention or (ii) the reduced rate of 
tax shall not apply.
    (2) The preceding provisions respecting the application of the 
reduced withholding rate in the case of dividends paid to nonresident 
aliens and foreign corporations with addresses in Ireland are based upon 
the assumption that the payee of the dividend is the actual owner of the 
capital stock from which the dividend is derived and consequently is the 
person liable to United States tax upon such dividend. As to action by 
the recipient who is not the owner of the dividend, see Sec. 513.8.
    (3) The rate at which United States tax has been withheld from any 
dividend paid on and after thirty days from the date on which this 
subpart is filed with the Division of the Federal Register to any person 
whose address is in Ireland at the time the dividend is paid shall be 
shown either in writing or by appropriate stamp on the check, draft, or 
other evidence of payment, or on an accompanying statement.

    Effectve Date Note:  By T.D. 8734, 62 FR 53497, Oct. 14, 1997, 
Sec. 513.2 was revised, effective Jan. 1, 1999. At 63 FR 2723, Jan. 16, 
1998, Sec. 513.2 was corrected in the fifth line by changing the word 
``does'' to read ``does not'' effective Jan. 1, 1999. By T.D. 8804, 63 
FR 72183, Dec. 31, 1998, the effective date was delayed until Jan. 1, 
2000. By T.D. 8856, 64 FR 73408, Dec. 30, 1999, the effective date was 
delayed until Jan. 1, 2001. For the convenience of the user, the revised 
text is set forth as follows:

Sec. 513.2  Dividends.

    The fact that the payee of the dividend is not required to pay Irish 
tax on such dividend because of the application of reliefs or exemptions 
under Irish revenue laws does not prevent the application of the 
reduction in rate of United States tax with respect to

[[Page 56]]

such dividend. If the dividend would have been subject to Irish tax had 
the payee thereof derived an income large enough to require payment of 
tax then liability to Irish tax exists for the purpose of the reduction 
in rate of United States tax. As to what constitutes a permanent 
establishment, see Article II(1)(i) of the convention.

[62 FR 53497, Oct. 14, 1997; 63 FR 2723, Jan. 16, 1998]