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ARTICLE · 21 JULY 2017

The Perils Of IREF Legislation

Maples Group
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Maples Group

Maples Group

The Maples Group, through its leading international law firm, Maples and Calder, advises global...

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In 2016, Ireland introduced a new withholding tax on distributions from Irish regulated funds which invest in Irish real estate (IREFs).

IrelandTax

In 2016, Ireland introduced a new withholding tax on distributions from Irish regulated funds which invest in Irish real estate (IREFs). The tax is calculated based on a formula set out in section 739L of the Taxes Consolidation Act 1997. The legislation introducing the changes describes the formula as (A x (B/C) - D). Unfortunately, in at least one legislative textbook, the formula is reprinted as (A x ((B-D)/C). This produces a different (and larger) tax liability. Perhaps it is a valuable illustration that in law, sometimes you need to go to the source, in order to find the truth.

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