Ireland - Interest

Article 9. Interest

1.  Interest arising, in one of the States and paid to a resident of the other State shall be taxable only in that other State. 

2.  The competent authorities of the States shall by mutual agreement settle the mode in which the State in which the interest arises abandons its taxation. 

3.  The term “interest” as used in this Article means income from Government securities, bonds or debentures. whether or not secured by mortgage and whether or not carrying a right to participate in profits, and debt-claims of every kind as well as all other income assimilated, by the taxation law, of the State in which the income arises, to income from money lent. 

4.  The provisions of paragraph 1 shall not apply if the recipient of the interest, being a resident of one of the States. has in the other State in which, the interest arises a permanent establishment with which the debt-claim from which the interest arises is effectively connected. In such a case, the provisions of Article 5 shall apply. 

5.  Where, owing to a special relationship between the payer and the recipient or between both of them and some other person, the amount of the interest paid, having regard to the debt-claim for which it is paid, exceeds the amount which would have been agreed upon by the payer and the recipient in the absence of such relationship, the provisions of this Article shall apply only to the last-mentioned amount. In that case, the excess part of the payment shall remain taxable according to the law of each State, due regard being had to the other provisions of this Convention. 

Protocol:

I. Ad Articles 8, 9 and 10.

Applications for the restitution of tax levied contrary to the provisions of Articles 8, 9 and 10 have to be lodged with the competent authority of the State having levied the tax within a period of six years after the expiration of the year in which the tax bas been levied.

II. Ad Articles 9 and 10.

It is understood that interest and royalties paid by a resident of Ireland to a resident of the Netherlands shall be allowed as a deduction in the computation of the corporation profits tax charged on the payer.