Tax Appeals Commission determination 114TACD2021 regarding DWT, 2021
| Administrative Decision Number | 114TACD2021 |
| Year | 2021 |
| Date | 02 July 2021 |
| Respondent | THE REVENUE COMMISSIONERS |
114TACD2021
BETWEEN/
Appellants
V
THE REVENUE COMMISSIONERS
Respondent
DETERMINATION
Introduction & Background
1. The within appeals centre on whether or not the Appellants,
(Appellant 1) and (Appellant 2), both Irish
incorporated and tax resident companies, are liable to dividend withholding tax
(“DWT”) on gross distributions paid to certain non-resident shareholders.
2
There are seven appeals before the Tax Appeals Commission (“TAC”) viz,
which have been consolidated
under TAC ref .
2. Appeal Refs. , and arise from gross distributions
(dividends) paid to (Shareholder A), a shareholder of Appellant 1.
Distribution Date
Amount of Distribution
27 March 2017
€1,403,607.40
31 May 2017
€160,000
24 October 2017
€150,000
17 January 2018
€80,000
1 February 2018
€75,000
30 November 2018
€1,994,375
23 December 2019
€ 80,000
03 June 2020
€ 1,125,000
3. Appeal Ref. arise from gross distributions
(dividends) paid to (Shareholder B), a shareholder of Appellant 2 for
the periods detailed below.
Distribution Date
Amount of Distribution
27 March 2017
€187,500
17 January 2018
€ 25,000
19 December 2018
€368,250
3
23 December 2019
€112,500
4. DWT was not operated by either Appellant 1 or Appellant 2 (“Appellants”) on any of
the distributions.
5. Appellant 1 has been assessed to DWT in the total amount of € 1,069,846.48 on the
distributions as follows:-
Tax
Distribution
Date
DWT Payable
Date of Assessment
DWT
27 March 2017
€280,721.48
2 July 2018
DWT
31 May 2017
€32,000
2 July 2018
DWT
24 October 2017
€30,000
2 July 2018
DWT
17 January 2018
€16,000
2 July 2018
DWT
1 February 2018
€15,000
2 July 2018
DWT
30 November
2018
€398,875
21 January 2019
DWT
23 December
2019
€16,000
28 February 2020
DWT
03 June 2020
€ 281,250
15 July 2020
6. Appellant 2 has been assessed to DWT in the total amount of €138,650 on the
distributions as follows:-
Tax
Distribution
Date
DWT Payable
Date of Assessment
DWT
27 March 2017
€37,500
5 December 2018
DWT
17 January 2018
€5,000
5 December 2018
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