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HMRC internal manual

Double Taxation Relief Manual

HM Revenue & Customs
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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 … per cent exempt from United Kingdom tax under ICTA88/S438, in respect of the dividends from the sources specified in the Schedule above.’

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, Government 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 that…………….is resident in the United Kingdom for the purposes of United Kingdom tax but is … 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



Claimant’s United Kingdom reference number ‘

Where the Irish assets which are the subject of the claim are linked solely to the claimant’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 `provisionally’ 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 company’s pension business are chargeable under Case VI of Schedule D under ICTA88/S436.