The Revenue Commissioners have informed me that claims from non-resident individuals and companies to repayment of, or exemption from, Irish tax are dealt with in accordance with the terms of the relevant double taxation agreements, and/or relevant domestic legislation, the VAT Act, 1972, and the Taxes Consolidation Act, 1997. The following table sets out refund/exemption activity for the latest full year, that is 2001, under the main tax subheads arising.
With regard to capital gains tax, figures are not compiled in such a manner so as to readily indicate refund activity. The position is that non-resident persons are chargeable to capital gains on the disposal of certain specified assets, including land and buildings in the State. Where the consideration for the disposal of such assets exceeds €500,000, the person paying that consideration must deduct 15% and remit it to Revenue, unless the vendor produces a CGT clearance certificate. Where 15% is deducted, the vendor of the asset is entitled to offset this payment against any capital gains tax due on the disposal. Where this amount exceeds the tax due, a repayment is made of any tax overpaid. I am also advised that entitlement to rebates is based on the tax residence status of the applicant as distinct from nationality, and accordingly the further analysis requested is not available.
Refund-Exemption Activity in the year 2001 to non-residents:
Repayments made