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32 1929



Properties and Income Assessable Under Schedule D.


Property in respect of which tax is chargeable.

Case of Schedule D. under which to be charged.

Provisions with respect to new method of charging.

Lands, Tenements, hereditaments or heritages to which the rules of No. III of Schedule A apply.

Case I.

Rules 4, 5 and 7 of No. III. of Schedule A., shall apply and shall be deemed to be rules of Schedule D, applicable to Case I, so far as regards those lands, tenements, hereditaments or heritages.

No deduction or set-off (other than the deduction granted by sub-section (2) of section 18 of the Finance Act, 1919) shall be allowed in estimating the profits on account of, or by reference to the annual value of any lands, tenements, hereditaments or heritages occupied and used in connection with the concern and not separately assessed and charged under No. 1 of Schedule A in accordance with the provisions of sub-section (3) of section 8 of this Act.


Income in respect of which tax is chargeable

Case of Schedule D under which to be charged

Rules with respect to new method of charging.

Income arising from securities in any place out of Saorstát Eireann except such income as is charged under Schedule C.

Case III.

(1) The tax in respect of income arising from securities and possessions in any place out of Saorstát Eireann shall be computed on the full amount thereof arising in the year preceding the year of assessment, whether the income has been or will be received in Saorstát Eireann or not, subject in the case of income not received in Saorstát Eireann, to the same deductions and allowances as if it had been so received, and to the deduction, where such a deduction cannot be made under any other provision of this Act, of any sum which has been paid in respect of income tax in the place where the income has arisen, and to a deduction on account of any annual interest or any annuity or other annual payment payable out of the income to a person not resident in Saorstát Eireann and the provisions of this Act(including those relating to the delivery of statements) shall apply accordingly.

Income arising from possessions in any place out of Saorstát Eireann.

Case III.

(2) The foregoing rule shall not apply—

(a) to any person who satisfies the Revenue Commissioners that he is not domiciled in Saorstát Eireann, or that, being a citizen of Saorstát Eireann, he is not ordinarily resident in Saorstát Eireann; or

(b) to income arising from such securities as aforesaid which form part of the investments of the foreign life assurance fund of an assurance company.

The tax in any such case shall be computed on the full amount of the actual sums received in Saorstát Eireann from remittances payable in Saorstát Eireann, or from property imported, or from money or value arising from property not imported, or from money or value so received on credit or on account in respect of any such remittances, property, money or value brought into Saorstát Eireann in the year preceding the year of assessment, without any deduction or abatement other than is therein allowed.

(3) Section 12 of the Finance Act, 1925 (No. 28 of 1925), (which deals with the right of appeal on questions of domicile and ordinary residence), shall be read and construed as if for the references therein contained to paragraph (a) of Rule 2 of the Rules applicable to Case IV of Schedule D and to paragraph (a) of Rule 3 of the Rules applicable to Case V of Schedule D of the Income Tax Act, 1918, there were substituted a reference to paragraph (a) of No. 2 of these Rules.

(4) References in section 17 of the Finance Act, 1922 (which deals with the computation of profits or income under Case III of Schedule D), to income which arises or which arose shall, in cases where income tax is to be computed by reference to the amount of income received in Saorstát Eireann, be construed as references to income which is or was so received.