Agreement Between the Government of the United States of America and the 

Government of Ireland to Improve International Tax Compliance and to Implement 

FATCA

Whereas, the Government of the United States of America and the Government of Ireland 

(each, a “Party”) have a longstanding and close relationship with respect to mutual assistance 

in tax matters and desire to conclude an agreement to improve international tax compliance 

by further building on that relationship,

Whereas, Article 27 of the Convention between the Government of the United States of 

America and the Government of Ireland for the Avoidance of Double Taxation and the 

Prevention of Fiscal Evasion with Respect to Taxes on Income and Capital Gains, signed at 

Dublin on July 28, 1997 (“the Convention”), authorizes exchange of information for tax 

purposes, including on an automatic basis,

Whereas, the United States of America enacted provisions commonly known as the Foreign 

Account Tax Compliance Act (“FATCA”), which introduce a reporting regime for financial 

institutions with respect to certain accounts,

Whereas, the Government of Ireland is supportive of the underlying policy goal of FATCA to 

improve tax compliance,

Whereas, FATCA has raised a number of issues, including that Irish financial institutions may 

not be able to comply with certain aspects of FATCA due to domestic legal impediments, 

Whereas, the Government of the United States of America collects information regarding 

certain accounts maintained by U.S. financial institutions held by residents of Ireland and is 

committed to exchanging such information with the Government of Ireland and pursuing 

equivalent levels of exchange,

Whereas, the Parties are committed to working together over the longer term towards 

achieving common reporting and due diligence standards for financial institutions,

Whereas, the Government of the United States of America acknowledges the need to 

coordinate the reporting obligations under FATCA with other U.S. tax reporting obligations 

of Irish financial institutions to avoid duplicative reporting,

Whereas, an intergovernmental approach to FATCA implementation would address legal 

impediments and reduce burdens for Irish financial institutions,

Whereas, the Parties desire to conclude an agreement to improve international tax compliance 

and provide for the implementation of FATCA based on domestic reporting and reciprocal 

automatic exchange pursuant to the Convention and subject to the confidentiality and other 

protections provided for therein, including the provisions limiting the use of the information 

exchanged under the Convention,

Now, therefore, the Parties have agreed as follows:
Article 1

Definitions

1. For purposes of this agreement and any annexes thereto (“Agreement”), the following 

terms shall have the meanings set forth below:

a) The term “United States” means the United States of America, including the 

States thereof, and, when used in a geographical sense, means the territory of 

the United States of America, including inland waters, the air space, the

territorial sea thereof and any maritime area beyond the territorial sea within 

which the United States may exercise sovereign rights or jurisdiction in 

accordance with international law; the term, however, does not include the 

U.S. Territories. Any reference to a “State” of the United States includes the 

District of Columbia. 

b) The term “U.S. Territory” means American Samoa, the Commonwealth of 

the Northern Mariana Islands, Guam, the Commonwealth of Puerto Rico, or

the U.S. Virgin Islands.

c) The term “IRS” means the U.S. Internal Revenue Service.

d) The term “Ireland” includes any area outside the territorial waters of Ireland 

which has been or may hereafter be designated, under the laws of Ireland 

concerning the Exclusive Economic Zone and the Continental Shelf, as an area 

within which Ireland may exercise such sovereign rights and jurisdiction as 

are in conformity with international law.

e) The term “Partner Jurisdiction” means a jurisdiction that has in effect an 

agreement with the United States to facilitate the implementation of FATCA. 

The IRS shall publish a list identifying all Partner Jurisdictions.

f) The term “Competent Authority” means:

(1) in the case of the United States, the Secretary of the Treasury or his 

delegate; and

(2) in the case of Ireland, the Revenue Commissioners or their authorised 

representative.

g) The term “Financial Institution” means a Custodial Institution, a Depository 

Institution, an Investment Entity, or a Specified Insurance Company.

h) The term “Custodial Institution” means any entity that holds, as a substantial 

portion of its business, financial assets for the account of others. An entity 

holds financial assets for the account of others as a substantial portion of its 

business if the entity’s gross income attributable to the holding of financial 

assets and related financial services equals or exceeds 20 percent of the 

entity’s gross income during the shorter of: (i) the three-year period that ends 

on December 31 (or the final day of a non-calendar year accounting 

period)prior to the year in which the determination is being made; or (ii) the 

period during which the entity has been in existence.
i) The term “Depository Institution” means any entity that accepts deposits in 

the ordinary course of a banking or similar business. 

j) The term “Investment Entity” means any entity that conducts as a business 

(or is managed by an entity that conducts as a business) one or more of the 

following activities or operations for or on behalf of a customer:

(1) trading in money market instruments (cheques, bills, certificates of 

deposit, derivatives, etc.); foreign exchange; exchange, interest rate 

and index instruments; transferable securities; or commodity futures 

trading;

(2) individual and collective portfolio management; or

(3) otherwise investing, administering, or managing funds or money on 

behalf of other persons.

This subparagraph 1j) shall be interpreted in a manner consistent with similar 

language set forth in the definition of “financial institution” in the Financial 

Action Task Force Recommendations.

k) The term “Specified Insurance Company” means any entity that is an 

insurance company (or the holding company of an insurance company) that 

issues, or is obligated to make payments with respect to, a Cash Value 

Insurance Contract or an Annuity Contract.

l) The term “Irish Financial Institution” means (i) any Financial Institution 

resident in Ireland, but excluding any branches of such Financial Institution 

that are located outside Ireland, and (ii) any branch of a Financial Institution 

not resident in Ireland, if such branch is located in Ireland.

m) The term “Partner Jurisdiction Financial Institution” means (i) any 

Financial Institution resident in a Partner Jurisdiction, but excluding any 

branches of such Financial Institution that are located outside the Partner 

Jurisdiction, and (ii) any branch of a Financial Institution not resident in the 

Partner Jurisdiction, if such branch is located in the Partner Jurisdiction.

n) The term “Reporting Financial Institution” means a Reporting Irish 

Financial Institution or a Reporting U.S. Financial Institution, as the context 

requires.

o) The term “Reporting Irish Financial Institution” means any Irish Financial 

Institution that is not a Non-Reporting Irish Financial Institution.

p) The term “Reporting U.S. Financial Institution” means (i) any Financial 

Institution that is resident in the United States, but excluding any branches of 

such Financial Institution that are located outside the United States, and (ii)

any branch of a Financial Institution not resident in the United States, if such 

branch is located in the United States, provided that the Financial Institution or 

branch has control, receipt, or custody of income with respect to which 

information is required to be exchanged under subparagraph 2 b) of Article 2 

of this Agreement.
q) The term “Non-Reporting Irish Financial Institution” means any Irish 

Financial Institution, or other entity resident in Ireland that is identified in 

Annex II as a Non-Reporting Irish Financial Institution or that otherwise 

qualifies as a deemed-compliant FFI, an exempt beneficial owner, or an 

excepted FFI under relevant U.S. Treasury Regulations.

r) The term “Nonparticipating Financial Institution” means a nonparticipating 

FFI, as that term is defined in relevant U.S. Treasury Regulations, but does not 

include an Irish Financial Institution or other Partner Jurisdiction Financial 

Institution other than a Financial Institution identified as a Nonparticipating 

Financial Institution pursuant to paragraph 2 of Article 5.

s) The term “Financial Account” means an account maintained by a Financial 

Institution, and includes:

(1) in the case of an entity that is a Financial Institution solely because it is 

an Investment Entity, any equity or debt interest (other than interests 

that are regularly traded on an established securities market) in the 

Financial Institution;

(2) in the case of a Financial Institution not described in subparagraph 

1(s)(1) above, any equity or debt interest in the Financial Institution 

(other than interests that are regularly traded on an established 

securities market), if (i) the value of the debt or equity interest is 

determined, directly or indirectly, primarily by reference to assets that 

give rise to U.S. Source Withholdable Payments, and (ii) the class of 

interests was established with a purpose of avoiding reporting in 

accordance with this Agreement; and

(3) any Cash Value Insurance Contract and any Annuity Contract issued or 

maintained by a Financial Institution, other than a noninvestmentlinked, nontransferable immediate life annuity that is issued to an 

individual and monetizes a pension or disability benefit provided under 

an account, product, or arrangement identified as excluded from the 

definition of Financial Account in Annex II.

Notwithstanding the foregoing, the term “Financial Account” does not include 

any account, product, or arrangement identified as excluded from the 

definition of Financial Account in Annex II.

t) The term “Depository Account” includes any commercial, checking, savings, 

time, or thrift account, or an account that is evidenced by a certificate of 

deposit, thrift certificate, investment certificate, certificate of indebtedness, or 

other similar instrument maintained by a Financial Institution in the ordinary 

course of a banking or similar business. A Depository Account also includes 

an amount held by an insurance company pursuant to a guaranteed investment 

contract or similar agreement to pay or credit interest thereon.

u) The term “Custodial Account” means an account (other than an Insurance 

Contract or Annuity Contract) for the benefit of another person that holds any 

financial instrument or contract held for investment (including, but not limited 
to, a share or stock in a corporation, a note, bond, debenture, or other evidence 

of indebtedness, a currency or commodity transaction, a credit default swap, a 

swap based upon a nonfinancial index, a notional principal contract, an 

Insurance Contract or Annuity Contract, and any option or other derivative 

instrument).

v) The term “Equity Interest” means, in the case of a partnership that is a 

Financial Institution, either a capital or profits interest in the partnership. In 

the case of a trust that is a Financial Institution, an Equity Interest is 

considered to be held by any person treated as a settlor or beneficiary of all or 

a portion of the trust, or any other natural person exercising ultimate effective 

control over the trust. A Specified U.S. Person shall be treated as being a 

beneficiary of a foreign trust if such Specified U.S. Person has the right to 

receive directly or indirectly (for example, through a nominee) a mandatory 

distribution or may receive, directly or indirectly, a discretionary distribution 

from the trust. 

w) The term “Insurance Contract” means a contract (other than an Annuity 

Contract) under which the issuer agrees to pay an amount upon the occurrence 

of a specified contingency involving mortality, morbidity, accident, liability, or 

property risk.

x) The term “Annuity Contract” means a contract under which the issuer agrees 

to make payments for a period of time determined in whole or in part by 

reference to the life expectancy of one or more individuals. The term also 

includes a contract that is considered to be an Annuity Contract in accordance 

with the law, regulation, or practice of the jurisdiction in which the contract 

was issued, and under which the issuer agrees to make payments for a term of 

years. 

y) The term “Cash Value Insurance Contract” means an Insurance Contract 

(other than an indemnity reinsurance contract between two insurance 

companies) that has a Cash Value greater than $50,000.

z) The term “Cash Value” means the greater of (i) the amount that the 

policyholder is entitled to receive upon surrender or termination of the 

contract (determined without reduction for any surrender charge or policy 

loan), and (ii) the amount the policyholder can borrow under or with regard to 

the contract. Notwithstanding the foregoing, the term “Cash Value” does not 

include an amount payable under an Insurance Contract as: 

(1) a personal injury or sickness benefit or other benefit providing 

indemnification of an economic loss incurred upon the occurrence of 

the event insured against; 

(2) a refund to the policyholder of a previously paid premium under an 

Insurance Contract (other than under a life insurance contract) due to 

policy cancellation or termination, decrease in risk exposure during the 

effective period of the Insurance Contract, or arising from a 

redetermination of the premium due to correction of posting or other 

similar error; or 
(3) a policy holder dividend based upon the underwriting experience of the 

contract or group involved.

aa) The term “Preexisting Account” means a Financial Account maintained by a 

Reporting Financial Institution as of December 31, 2013.

bb) The term “Reportable Account” means a U.S. Reportable Account or an Irish 

Reportable Account, as the context requires.

cc) The term “Irish Reportable Account” means a Financial Account maintained 

by a Reporting U.S. Financial Institution if: (i) in the case of a Depository 

Account, the account is held by an individual resident in Ireland and more than 

$10 of interest is paid to such account in any given calendar year; or (ii) in the 

case of a Financial Account other than a Depository Account, the Account 

Holder is a resident of Ireland, including entities that certify that they are 

resident in Ireland for tax purposes, with respect to which U.S. source income 

that is subject to reporting under chapter 3 or chapter 61 of subtitle A of the 

U.S. Internal Revenue Code is paid or credited.

dd) The term “U.S. Reportable Account” means a Financial Account maintained 

by a Reporting Irish Financial Institution and held by one or more Specified 

U.S. Persons or by a Non-U.S. Entity with one or more Controlling Persons 

that is a Specified U.S. Person. Notwithstanding the foregoing, an account 

shall not be treated as a U.S. Reportable Account if such account is not 

identified as a U.S. Reportable Account after application of the due diligence 

procedures in Annex I.

ee) The term “Account Holder” means the person listed or identified as the 

holder of a Financial Account by the Financial Institution that maintains the 

account. A person, other than a Financial Institution, holding a Financial 

Account for the benefit or account of another person as agent, custodian, 

nominee, signatory, investment advisor, or intermediary, is not treated as 

holding the account for purposes of this Agreement, and such other person is 

treated as holding the account. In the case of a Cash Value Insurance Contract 

or an Annuity Contract, the Account Holder is any person entitled to access the 

Cash Value or change the beneficiary of the contract. If no person can access 

the Cash Value or change the beneficiary, the Account Holders are any person 

named as the owner in the contract and any person with a vested entitlement to 

payment under the terms of the contract. Upon the maturity of a Cash Value 

Insurance Contract or an Annuity Contract, each person entitled to receive a 

payment under the contract is treated as an Account Holder.

ff) The term “U.S. Person” means a U.S. citizen or resident individual, a 

partnership or corporation organized in the United States or under the laws of 

the United States or any State thereof, a trust if (i) a court within the United 

States would have authority under applicable law to render orders or 

judgments concerning substantially all issues regarding administration of the 

trust, and (ii) one or more U.S. persons have the authority to control all 

substantial decisions of the trust, or an estate of a decedent that is a citizen or 

resident of the United States. This subparagraph 1(ff) shall be interpreted in 

accordance with the U.S. Internal Revenue Code.
gg) The term “Specified U.S. Person” means a U.S. Person, other than: (i) a 

corporation the stock of which is regularly traded on one or more established 

securities markets; (ii) any corporation that is a member of the same expanded 

affiliated group, as defined in section 1471(e)(2) of the U.S. Internal Revenue 

Code, as a corporation described in clause (i); (iii) the United States or any 

wholly owned agency or instrumentality thereof; (iv) any State of the United 

States, any U.S. Territory, any political subdivision of any of the foregoing, or 

any wholly owned agency or instrumentality of any one or more of the 

foregoing; (v) any organization exempt from taxation under section 501(a) or 

an individual retirement plan as defined in section 7701(a)(37) of the U.S. 

Internal Revenue Code; (vi) any bank as defined in section 581 of the U.S. 

Internal Revenue Code; (vii) any real estate investment trust as defined in 

section 856 of the U.S. Internal Revenue Code; (viii) any regulated investment 

company as defined in section 851 of the U.S. Internal Revenue Code or any 

entity registered with the Securities Exchange Commission under the 

Investment Company Act of 1940 (15 U.S.C. 80a-64); (ix) any common trust 

fund as defined in section 584(a) of the U.S. Internal Revenue Code; (x) any 

trust that is exempt from tax under section 664(c) of the U.S. Internal Revenue 

Code or that is described in section 4947(a)(1) of the U.S. Internal Revenue 

Code; (xi) a dealer in securities, commodities, or derivative financial 

instruments (including notional principal contracts, futures, forwards, and 

options) that is registered as such under the laws of the United States or any 

State; or (xii) a broker as defined in section 6045(c) of the U.S. Internal 

Revenue Code. 

hh) The term “Entity” means a legal person or a legal arrangement such as a trust. 

ii) The term “Non-U.S. Entity” means an Entity that is not a U.S. Person.

jj) The term “U.S. Source Withholdable Payment” means any payment of 

interest (including any original issue discount), dividends, rents, salaries, 

wages, premiums, annuities, compensations, remunerations, emoluments, and 

other fixed or determinable annual or periodical gains, profits, and income, if 

such payment is from sources within the United States. Notwithstanding the 

foregoing, a U.S. Source Withholdable Payment does not include any payment 

that is not treated as a withholdable payment in relevant U.S. Treasury 

Regulations.

kk) An Entity is a “Related Entity” of another Entity if either Entity controls the 

other Entity, or the two Entities are under common control. For this purpose 

control includes direct or indirect ownership of more than 50 percent of the 

vote or value in an Entity. Notwithstanding the foregoing, Ireland may treat 

an Entity as not a Related Entity of another Entity if the two Entities are not 

members of the same expanded affiliated group as defined in section 

1471(e)(2) of the U.S. Internal Revenue Code.

ll) The term “U.S. TIN” means a U.S. federal taxpayer identifying number.

mm) The term “Irish TIN” means a number used by the Revenue Commissioners 

to identify an Irish taxpayer for taxation purposes. 
nn) The term “Controlling Persons” means the natural persons who exercise 

control over an entity. In the case of a trust, such term means the settlor, the 

trustees, the protector (if any), the beneficiaries or class of beneficiaries, and 

any other natural person exercising ultimate effective control over the trust, 

and in the case of a legal arrangement other than a trust, such term means 

persons in equivalent or similar positions. The term “Controlling Persons” 

shall be interpreted in a manner consistent with the Recommendations of the 

Financial Action Task Force.

2. Any term not otherwise defined in this Agreement shall, unless the context otherwise 

requires or the Competent Authorities agree to a common meaning (as permitted by domestic 

law), have the meaning that it has at that time under the law of the Party applying the 

Agreement, any meaning under the applicable tax laws of that Party prevailing over a 

meaning given to the term under other laws of that Party.

Article 2

Obligations to Obtain and Exchange Information with Respect to Reportable Accounts

1. Subject to the provisions of Article 3, each Party shall obtain the information specified 

in paragraph 2 of this Article with respect to all Reportable Accounts and shall annually 

exchange this information with the other Party on an automatic basis pursuant to the 

provisions of Article 27 of the Convention.

2. The information to be obtained and exchanged is:

a) In the case of Ireland with respect to each U.S. Reportable Account of each 

Reporting Irish Financial Institution:

(1) the name, address, and U.S. TIN of each Specified U.S. Person that is 

an Account Holder of such account and, in the case of a Non-U.S. 

Entity that, after application of the due diligence procedures set forth in 

Annex I, is identified as having one or more Controlling Persons that is 

a Specified U.S. Person, the name, address, and U.S. TIN (if any) of 

such entity and each such Specified U.S. Person;

(2) the account number (or functional equivalent in the absence of an 

account number); 

(3) the name and identifying number of the Reporting Irish Financial 

Institution;

(4) the account balance or value (including, in the case of a Cash Value 

Insurance Contract or Annuity Contract, the Cash Value or surrender 

value) as of the end of the relevant calendar year or other appropriate 

reporting period or, if the account was closed during such year, 

immediately before closure; 

(5) in the case of any Custodial Account: 

(A) the total gross amount of interest, the total gross amount of 

dividends, and the total gross amount of other income 
generated with respect to the assets held in the account, in each 

case paid or credited to the account (or with respect to the 

account) during the calendar year or other appropriate reporting 

period; and 

(B) the total gross proceeds from the sale or redemption of property 

paid or credited to the account during the calendar year or other 

appropriate reporting period with respect to which the 

Reporting Irish Financial Institution acted as a custodian, 

broker, nominee, or otherwise as an agent for the Account 

Holder; 

(6) in the case of any Depository Account, the total gross amount of 

interest paid or credited to the account during the calendar year or 

other appropriate reporting period; and

(7) in the case of any account not described in subparagraph (5) or (6) of 

this paragraph, the total gross amount paid or credited to the Account 

Holder with respect to the account during the calendar year or other 

appropriate reporting period with respect to which the Reporting Irish 

Financial Institution is the obligor or debtor, including the aggregate 

amount of any redemption payments made to the Account Holder 

during the calendar year or other appropriate reporting period.

b) In the case of the United States, with respect to each Irish Reportable Account 

of each Reporting U.S. Financial Institution:

(1) the name, address, and Irish TIN of any person that is a resident of 

Ireland and is an Account Holder of the account; 

(2) the account number (or the functional equivalent in the absence of an 

account number); 

(3) the name and identifying number of the Reporting U.S. Financial 

Institution;

(4) the gross amount of interest paid on a Depository Account;

(5) the gross amount of U.S. source dividends paid or credited to the 

account; and 

(6) the gross amount of other U.S. source income paid or credited to the 

account, to the extent subject to reporting under chapter 3 or 61 of 

subtitle A of the U.S. Internal Revenue Code.

Article 3

Time and Manner of Exchange of Information

1. For purposes of the exchange obligation in Article 2, the amount and characterization 

of payments made with respect to a U.S. Reportable Account may be determined in 
accordance with the principles of the tax laws of Ireland, and the amount and characterization 

of payments made with respect to an Irish Reportable Account may be determined in 

accordance with principles of U.S. federal income tax law. 

2. For purposes of the exchange obligation in Article 2, the information exchanged shall 

identify the currency in which each relevant amount is denominated.

3. With respect to paragraph 2 of Article 2, information is to be obtained and exchanged 

with respect to 2013 and all subsequent years, except that:

a) In the case of Ireland:

(1) the information to be obtained and exchanged with respect to 2013 and 

2014 is only the information described in subparagraphs a)(1) to a)(4); 

(2) the information to be obtained and exchanged with respect to 2015 is 

the information described in subparagraphs a)(1) to a)(7), except for 

gross proceeds described in subparagraph a)(5)(B); and

(3) the information to be obtained and exchanged with respect to 2016 and 

subsequent years is the information described in subparagraph a)(1) to 

a)(7);

b) In the case of the United States, the information to be obtained and exchanged 

with respect to 2013 and subsequent years is all of the information identified 

in subparagraph b). 

4. Notwithstanding paragraph 3 of this Article, with respect to each Reportable Account 

that is a Preexisting Account, and subject to paragraph 4 of Article 6, the Parties are not 

required to obtain and include in the exchanged information the Irish TIN or the U.S. TIN, as 

applicable, of any relevant person if such taxpayer identifying number is not in the records of 

the Reporting Financial Institution. In such case, the Parties shall obtain and include in the 

exchanged information the date of birth of the relevant person, if the Reporting Financial 

Institution has such date of birth in its records.

5. Subject to paragraphs 3 and 4 of this Article, the information described in Article 2 

shall be exchanged within nine months after the end of the calendar year to which the 

information relates. Notwithstanding the foregoing, the information that relates to calendar 

year 2013 shall be exchanged no later than September 30, 2015.

6. The Competent Authorities of Ireland and the United States shall enter into an 

agreement under the mutual agreement procedure provided for in Article 26 of the 

Convention, which shall:

a) establish the procedures for the automatic exchange obligations described in 

Article 2;

b) prescribe rules and procedures as may be necessary to implement Article 5; 

and

c) establish as necessary procedures for the exchange of the information reported 

under subparagraph 1b) of Article 4.
7. All information exchanged shall be subject to the confidentiality and other protections 

provided for in the Convention, including the provisions limiting the use of the information

exchanged.

Article 4

Application of FATCA to Irish Financial Institutions

1. Treatment of Reporting Irish Financial Institutions. Each Reporting Irish 

Financial Institution shall be treated as complying with, and not subject to withholding under, 

section 1471 of the U.S. Internal Revenue Code if Ireland complies with its obligations under 

Articles 2 and 3 with respect to such Reporting Irish Financial Institution, and the Reporting 

Irish Financial Institution:

a) identifies U.S. Reportable Accounts and reports annually to the Irish 

Competent Authority the information required to be reported in subparagraph 

2a) of Article 2 in the time and manner described in Article 3;

b) for each of 2015 and 2016, reports annually to the Irish Competent Authority 

the name of each Nonparticipating Financial Institution to which it has made 

payments and the aggregate amount of such payments;

c) complies with the registration requirements applicable to Financial Institutions 

in Partner Jurisdictions;

d) to the extent that a Reporting Irish Financial Institution is (i) acting as a 

qualified intermediary (for purposes of section 1441 of the U.S. Internal 

Revenue Code) that has elected to assume primary withholding responsibility 

under chapter 3 of subtitle A of the U.S. Internal Revenue Code, (ii) a foreign 

partnership that has elected to act as a withholding foreign partnership (for 

purposes of both sections 1441 and 1471 of the U.S. Internal Revenue Code), 

or (iii) a foreign trust that has elected to act as a withholding foreign trust (for 

purposes of both sections 1441 and 1471 of the U.S. Internal Revenue Code), 

withholds 30 percent of any U.S. Source Withholdable Payment to any 

Nonparticipating Financial Institution; and 

e) in the case of a Reporting Irish Financial Institution that is not described in 

subparagraph d) of this paragraph and that makes a payment of, or acts as an 

intermediary with respect to, a U.S. Source Withholdable Payment to any 

Nonparticipating Financial Institution, the Reporting Irish Financial Institution 

provides to any immediate payor of such U.S. Source Withholdable Payment 

the information required for withholding and reporting to occur with respect to 

such payment.

Notwithstanding the foregoing, a Reporting Irish Financial Institution with respect to which 

the conditions of this paragraph are not satisfied shall not be subject to withholding under 

section 1471 of the U.S. Internal Revenue Code unless such Reporting Irish Financial 

Institution is identified by the IRS as a Nonparticipating Financial Institution pursuant to 

subparagraph 2b) of Article 5.

2. Suspension of Rules Relating to Recalcitrant Accounts. The United States shall 
not require a Reporting Irish Financial Institution to withhold tax under section 1471 or 1472 

of the U.S. Internal Revenue Code with respect to an account held by a recalcitrant account 

holder (as defined in section 1471(d)(6) of the U.S. Internal Revenue Code), or to close such 

account, if the U.S. Competent Authority receives the information set forth in subparagraph 

2a) of Article 2, subject to the provisions of Article 3, with respect to such account.

3. Specific Treatment of Retirement Plans. The United States shall treat as a deemedcompliant FFI or exempt beneficial owner, as appropriate, for purposes of section 1471 of the 

U.S. Internal Revenue Code Irish retirement plans described and identified in Annex II. For 

this purpose, an Irish retirement plan includes an entity established or located in and 

regulated in Ireland, or a predetermined contractual or legal arrangement, operated to provide 

pension or retirement benefits or earn income for providing such benefits under the laws of 

Ireland and regulated with respect to contributions, distributions, reporting, sponsorship, and 

taxation. 

4. Identification and Treatment of Other Deemed-Compliant FFIs and Exempt 

Beneficial Owners. The United States shall treat each Non-Reporting Irish Financial 

Institution as a deemed-compliant FFI or as an exempt beneficial owner, as appropriate, for 

purposes of section 1471 of the U.S. Internal Revenue Code. 

5. Special Rules Regarding Related Entities That Are Nonparticipating Financial 

Institutions. If an Irish Financial Institution, that otherwise meets the requirements of 

paragraph 1 of this Article or is described in paragraph 3 or 4 of this Article, has a Related 

Entity or branch that operates in a jurisdiction that prevents such Related Entity or branch 

from fulfilling the requirements of a participating FFI or deemed-compliant FFI for purposes 

of section 1471 of the U.S. Internal Revenue Code, such Irish Financial Institution shall

continue to be in compliance with the terms of this Agreement and shall continue to be 

treated as a deemed-compliant FFI or exempt beneficial owner for purposes of section 1471 

of the U.S. Internal Revenue Code, provided that:

a) the Irish Financial Institution treats each such Related Entity or branch as a 

separate Nonparticipating Financial Institution for purposes of all the reporting 

and withholding requirements of this Agreement and each such Related Entity 

or branch identifies itself to withholding agents as a Nonparticipating 

Financial Institution;

b) each such Related Entity or branch identifies its U.S. accounts and reports the 

information with respect to those accounts as required under section 1471 of 

the U.S. Internal Revenue Code to the extent permitted under the relevant laws 

pertaining to the Related Entity or branch; and

c) such Related Entity or branch does not specifically solicit U.S. accounts held 

by persons that are not resident in the jurisdiction where such Related Entity 

or branch is located or accounts held by Nonparticipating Financial 

Institutions that are not established in the jurisdiction where such branch or 

Related Entity is located, and such branch or Related Entity is not used by the 

Irish Financial Institution or any other Related Entity to circumvent the 

obligations under this Agreement or under section 1471 of the U.S. Internal 

Revenue Code, as appropriate.
Article 5

Collaboration on Compliance and Enforcement

1. Minor and Administrative Errors. Subject to any further terms set forth in a 

competent authority agreement executed pursuant to paragraph 6 of Article 3, a Competent 

Authority can make an inquiry directly to a Reporting Financial Institution in the other 

jurisdiction where it has reason to believe that administrative errors or other minor errors may 

have led to incorrect or incomplete information reporting or resulted in other infringements of 

this Agreement. The competent authority agreement may provide that a Competent Authority 

shall notify the Competent Authority of the other Party when the first-mentioned Competent 

Authority makes such an inquiry of a Reporting Financial Institution in the other jurisdiction 

regarding the Reporting Financial Institution’s compliance with the conditions set forth in 

this Agreement.

2. Significant Non-compliance.

a) A Competent Authority shall notify the Competent Authority of the other Party 

when the first-mentioned Competent Authority has determined that there is 

significant non-compliance with the obligations under this Agreement with 

respect to a Reporting Financial Institution in the other jurisdiction. The 

Competent Authority of such other Party shall apply its domestic law 

(including applicable penalties) to address the significant non-compliance 

described in the notice. 

b) If, in the case of a Reporting Irish Financial Institution, such enforcement 

actions do not resolve the non-compliance within a period of 18 months after 

notification of significant non-compliance is first provided, the United States 

shall treat the Reporting Irish Financial Institution as a Nonparticipating 

Financial Institution. The IRS shall make available a list of all Reporting Irish 

Financial Institutions and other Partner Jurisdiction Financial Institutions that 

are treated as Nonparticipating Financial Institutions pursuant to this 

paragraph.

3. Reliance on Third Party Service Providers. Each Party may allow Reporting 

Financial Institutions to use third party service providers to fulfill the obligations imposed on 

them by a Party, as contemplated in this Agreement, but these obligations shall remain the 

responsibility of the Reporting Financial Institutions.

4. Prevention of Avoidance. The Parties shall implement as necessary requirements to 

prevent Financial Institutions from adopting practices intended to circumvent the reporting 

required under this Agreement.

Article 6

Mutual Commitment to Continue to Enhance the Effectiveness of Information 

Exchange and Transparency

1. Reciprocity. The Government of the United States acknowledges the need to achieve 

equivalent levels of reciprocal automatic information exchange with Ireland. The 

Government of the United States is committed to further improve transparency and enhance 

the exchange relationship with Ireland by pursuing the adoption of regulations and 
advocating and supporting relevant legislation to achieve such equivalent levels of reciprocal 

automatic exchange.

2. Treatment of Passthru Payments and Gross Proceeds. The Parties are committed 

to work together, along with other partners, to develop a practical and effective alternative 

approach to achieve the policy objectives of foreign passthru payment and gross proceeds 

withholding that minimizes burden. 

3. Development of Common Reporting and Exchange Model. The Parties are 

committed to working with other partners, the Organisation for Economic Co-operation and 

Development, and the European Union, on adapting the terms of this Agreement to a 

common model for automatic exchange of information, including the development of 

reporting and due diligence standards for financial institutions.

4. Documentation of Accounts Maintained as of January 1, 2014. With respect to 

Reportable Accounts that are Preexisting Accounts maintained by a Reporting Financial 

Institution:

a) The United States commits to establish, by January 1, 2017, for reporting with 

respect to 2017 and subsequent years, rules requiring Reporting U.S. Financial 

Institutions to obtain and report the Irish TIN of each Account Holder of an 

Irish Reportable Account as required pursuant to subparagraph 2b)(1) of 

Article 2; and

b) Ireland commits to establish, by January 1, 2017, for reporting with respect to 

2017 and subsequent years, rules requiring Reporting Irish Financial 

Institutions to obtain the U.S. TIN of each Specified U.S. Person as required 

pursuant to subparagraph 2a)(1) of Article 2.

Article 7

Consistency in the Application of FATCA to Partner Jurisdictions 

1. Ireland shall be granted the benefit of any more favorable terms under Article 4 or Annex 

I of this Agreement relating to the application of FATCA to Irish Financial Institutions 

afforded to another Partner Jurisdiction under a signed bilateral agreement pursuant to which 

the other Partner Jurisdiction commits to undertake the same obligations as Ireland described 

in Articles 2 and 3 of this Agreement, and subject to the same terms and conditions as 

described therein and in Articles 5 through 9 of the Agreement. 

2. The United States shall notify Ireland of any such more favorable terms and shall 

apply such more favorable terms automatically under this Agreement as if they were 

specified in this Agreement and effective as of the date of the entry into force of the 

agreement incorporating the more favorable terms.

Article 8

Consultations and Amendments

1. In case any difficulties in the implementation of this Agreement arise, either Party may 

request consultations to develop appropriate measures to ensure the fulfillment of this 

Agreement.
2. This Agreement may be amended by written mutual consent of the Parties. Unless 

otherwise agreed upon, such an amendment shall enter into force through the same 

procedures as set forth in paragraph 1 of Article 10.

Article 9

Annexes

The Annexes form an integral part of this Agreement.

Article 10

Term of Agreement

1. The Parties shall notify each other in writing when their necessary internal procedures 

for entry into force have been completed. The Agreement shall enter into force on the later of 

January 1, 2013, or the date of the later of such notifications, and shall continue in force until 

terminated. 

2. Either Party may terminate the Agreement by giving notice of termination in writing 

to the other Party. Such termination shall become effective on the first day of the month 

following the expiration of a period of 12 months after the date of the notice of termination.

3. The Parties shall, prior to December 31, 2016, consult in good faith to amend this 

Agreement as necessary to reflect progress on the commitments set forth in Article 6.

In witness whereof, the undersigned, being duly authorized thereto by their respective 

Governments, have signed this Agreement.

Done at _____, in duplicate, in English, this __ day of _____, 20__.

FOR THE GOVERNMENT OF

THE UNITED STATES OF AMERICA:

FOR THE GOVERNMENT OF 

IRELAND:
ANNEX I 

DUE DILIGENCE OBLIGATIONS FOR IDENTIFYING AND REPORTING ON U.S. 

REPORTABLE ACCOUNTS AND ON PAYMENTS TO CERTAIN 

NONPARTICIPATING FINANCIAL INSTITUTIONS

I. General

A. Ireland shall require that Reporting Irish Financial Institutions apply the due 

diligence procedures contained in this Annex I to identify U.S. Reportable Accounts 

and accounts held by Nonparticipating Financial Institutions.

B. For purposes of the Agreement,

1. All dollar amounts shall be read to include the equivalent in other 

currencies.

2. The balance or value of an account shall be determined as of the last 

day of the calendar year or other appropriate reporting period.

3. Where a balance or value threshold is to be determined as of the last 

day of a calendar year under this Annex I, the relevant balance or value shall 

be determined as of the last day of the reporting period that ends with or 

within that calendar year. 

4. Subject to paragraph II.E (1), an account shall be treated as a U.S. 

Reportable Account beginning as of the date it is identified as such pursuant to

the due diligence procedures in this Annex I.

5. Unless otherwise provided, information with respect to a U.S. 

Reportable Account shall be reported annually in the calendar year following 

the year to which the information relates.

C. As an alternative to the procedures described in each section of this Annex I, 

Ireland may allow its Reporting Irish Financial Institutions to rely on the procedures 

described in relevant U.S. Treasury Regulations to establish whether an account is a 

U.S. Reportable Account or an account held by a Nonparticipating Financial 

Institution. 

II. Preexisting Individual Accounts. The following rules and procedures apply for 

identifying U.S. Reportable Accounts among Preexisting Accounts held by individuals 

(“Preexisting Individual Accounts”).

A. Accounts Not Required to Be Reviewed, Identified, or Reported. Unless 

the Reporting Irish Financial Institution elects otherwise, where the 

implementing rules in Ireland provide for such an election, the following 

accounts are not required to be reviewed, identified, or reported as U.S. 

Reportable Accounts:

1. Subject to subparagraph E.2 of this section, Preexisting Individual 
Accounts with a balance or value that does not exceed $50,000 as of 

December 31, 2013.

2. Subject to subparagraph E.2 of this section, Preexisting Individual 

Accounts that are Cash Value Insurance Contracts and Annuity Contracts with 

a balance or value of $250,000 or less as of December 31, 2013.

3. Preexisting Individual Accounts that are Cash Value Insurance 

Contracts or Annuity Contracts, provided the law or regulations of Ireland or 

the United States effectively prevents the sale of Cash Value Insurance 

Contracts or Annuity Contracts to U.S. residents, such as if the relevant 

Financial Institution does not have the required registration under U.S. law, 

and the law of Ireland requires reporting or withholding with respect to 

insurance products held by residents of Ireland.

4. Any Depository Account with a balance or value of $50,000 or less.

B. Review Procedures for Preexisting Individual Accounts With a Balance or 

Value as of December 31, 2013, that Exceeds $50,000 ($250,000 for a Cash 

Value Insurance Contract or Annuity Contract), But Does Not Exceed 

$1,000,000 (“Lower Value Accounts”)

1. Electronic Record Search. The Reporting Irish Financial Institution 

must review electronically searchable data maintained by the Reporting Irish 

Financial Institution for any of the following U.S. indicia:

a) Identification of the Account Holder as a U.S. citizen or 

resident;

b) Unambiguous indication of a U.S. place of birth;

c) Current U.S. mailing or residence address (including a U.S. 

post office box or U.S. “in-care-of” address);

d) Current U.S. telephone number;

e) Standing instructions to transfer funds to an account maintained 

in the United States;

f) Currently effective power of attorney or signatory authority 

granted to a person with a U.S. address; or

g) An “in-care-of” or “hold mail” address that is the sole address 

the Reporting Irish Financial Institution has on file for the Account 

Holder. In the case of a Preexisting Individual Account that is a Lower 

Value Account, an “in-care-of” address outside the United States shall 

not be treated as U.S. indicia.

2. If none of the U.S. indicia listed in subparagraph B.1 of this section 

are discovered in the electronic search, then no further action is required until 
there is a change in circumstances described in subparagraph C.2 of this 

section with respect to the account that results in one or more U.S. indicia 

being associated with the account.

3. If any of the U.S. indicia in subparagraph B.1 of this section are 

discovered in the electronic search, then the Reporting Irish Financial 

Institution must treat the account as a U.S. Reportable Account unless it elects 

to apply subparagraph B.4 of this section and one of the exceptions in such 

subparagraph applies with respect to that account.

4. Notwithstanding a finding of U.S. indicia under subparagraph B.1 of 

this section, a Reporting Irish Financial Institution is not required to treat an 

account as a U.S. Reportable Account if:

a) Where Account Holder information unambiguously indicates 

a U.S. place of birth, the Reporting Irish Financial Institution obtains 

or has previously reviewed and maintains a record of:

(1) a self-certification that the Account Holder is neither a 

U.S. citizen nor a U.S. resident for tax purposes (which may be 

on an IRS Form W-8 or other similar agreed form);

(2) a non-U.S. passport or other government-issued 

identification evidencing the Account Holder’s citizenship or 

nationality in a country other than the United States; and

(3) a copy of the Account Holder’s Certificate of Loss of 

Nationality of the United States or a reasonable explanation of: 

(a) the reason the Account Holder does not have 

such a certificate despite renouncing U.S. citizenship; 

or

(b) the reason the Account Holder did not obtain 

U.S. citizenship at birth.

b) Where Account Holder information contains a current U.S. 

mailing or residence address, or one or more U.S. telephone numbers 

that are the only telephone numbers associated with the account, the 

Reporting Irish Financial Institution obtains or has previously reviewed 

and maintains a record of:

(1) a self-certification that the Account Holder is not a U.S. 

citizen or resident for tax purposes (which may be on an IRS 

Form W-8 or other similar agreed form); and

(2) a non-U.S. passport or other government-issued 

identification evidencing the Account Holder’s citizenship or 

nationality in a country other than the United States.
c) Where Account Holder information contains standing 

instructions to transfer funds to an account maintained in the United 

States, the Reporting Irish Financial Institution obtains or has 

previously reviewed and maintains a record of:

(1) a self-certification that the Account Holder is not a U.S. 

citizen or resident for tax purposes (which may be on an IRS 

Form W-8 or other similar agreed form); and

(2) documentary evidence, as defined in paragraph VI.D of 

this Annex I, establishing the Account Holder’s non-U.S. status.

d) Where Account Holder information contains a currently 

effective power of attorney or signatory authority granted to a person 

with a U.S. address, has an “in care of” address or “hold mail” 

address that is the sole address identified for the Account Holder, or 

has one or more U.S. telephone numbers (if a non-U.S. telephone 

number is also associated with the account), the Reporting Irish 

Financial Institution obtains or has previously reviewed and maintains 

a record of:

(1) a self-certification that the Account Holder is not a U.S. 

citizen or resident for tax purposes (which may be on an IRS 

Form W-8 or other similar agreed form); or

(2) documentary evidence, as defined in paragraph VI.D of 

this Annex I, establishing the Account Holder’s non-U.S. status.

C. Additional Procedures Applicable to Preexisting Individual Accounts 

That Are Lower Value Accounts

1. Review of Preexisting Individual Accounts that are Lower Value 

Accounts for U.S. indicia must be completed by December 31, 2015. 

2. If there is a change of circumstances with respect to a Preexisting 

Individual Account that is a Lower Value Account that results in one or more 

U.S. indicia described in subparagraph B.1 of this section being associated 

with the account, then the Reporting Irish Financial Institution must treat the 

account as a U.S. Reportable Account unless subparagraph B.4 of this section 

applies.

3. Except for Depository Accounts described in subparagraph A.4 of this 

section, any Preexisting Individual Account that has been identified as a U.S. 

Reportable Account under this section shall be treated as a U.S. Reportable 

Account in all subsequent years, unless the Account Holder ceases to be a 

Specified U.S. Person.

D. Enhanced Review Procedures for Preexisting Individual Accounts With a 

Balance or Value That Exceeds $1,000,000 as of December 31, 2013, or December 

31 of Any Subsequent Year (“High-Value Accounts”)
1. Electronic Record Search. The Reporting Irish Financial Institution 

must review electronically searchable data maintained by the Reporting Irish 

Financial Institution for any of the U.S. indicia identified in subparagraph B.1 

of this section.

2. Paper Record Search. If the Reporting Irish Financial Institution’s 

electronically searchable databases include fields for and capture all of the 

information identified in subparagraph D.3 of this section, then no further 

paper record search is required. If the electronic databases do not capture all 

of this information, then with respect to High Value Accounts, the Reporting 

Irish Financial Institution must also review the current customer master file 

and, to the extent not contained in the current customer master file, the 

following documents associated with the account and obtained by the 

Reporting Irish Financial Institution within the last five years for any of the 

U.S. indicia identified in subparagraph B.1 of this section:

a) the most recent documentary evidence collected with respect to 

the account;

b) the most recent account opening contract or documentation;

c) the most recent documentation obtained by the Reporting Irish 

Financial Institution pursuant to AML/KYC Procedures or for other 

regulatory purposes;

d) any power of attorney or signature authority forms currently in 

effect; and

e) any standing instructions to transfer funds currently in effect.

3. Exception Where Databases Contain Sufficient Information. A 

Reporting Irish Financial Institution is not required to perform the paper 

record search described in subparagraph D.2 of this section if the Reporting 

Irish Financial Institution’s electronically searchable information includes the 

following:

a) the Account Holder’s nationality or residence status;

b) the Account Holder’s residence address and mailing address 

currently on file with the Reporting Irish Financial Institution;

c) the Account Holder’s telephone number(s) currently on file, if 

any, with the Reporting Irish Financial Institution; 

d) whether there are standing instructions to transfer funds in the 

account to another account (including an account at another branch of 

the Reporting Irish Financial Institution or another Financial 

Institution);
e) whether there is a current “in care of” address or “hold mail” 

address for the Account Holder; and

f) whether there is any power of attorney or signatory authority 

for the account. 

4. Relationship Manager Inquiry for Actual Knowledge. In addition 

to the electronic and paper record searches described above, the Reporting 

Irish Financial Institution must treat as U.S. Reportable Accounts any High 

Value Accounts assigned to a relationship manager (including any accounts 

aggregated with such account) if the relationship manager has actual 

knowledge that the Account Holder is a Specified U.S. Person.

5. Effect of Finding U.S. Indicia

a) If none of the U.S. indicia listed in subparagraph B.1 of this 

section are discovered in the enhanced review of High Value Accounts 

described above, and the account is not identified as held by a 

Specified U.S. Person in subparagraph D.4 of this section, then no 

further action is required until there is a change in circumstances 

described in subparagraph E.4 of this section.

b) If any of the U.S. indicia listed in subparagraph B.1 of this 

section are discovered in the enhanced review of High Value Accounts 

described above, or if there is a subsequent change in circumstances 

that results in one or more U.S. indicia being associated with the 

account, then the Reporting Irish Financial Institution must treat the 

account as a U.S. Reportable Account unless subparagraph B.4 of this 

section applies.

c) Except for Depository Accounts described in paragraph A.4 of 

this section, any Preexisting Individual Account that has been 

identified as a U.S. Reportable Account under this section shall be 

treated as a U.S. Reportable Account in all subsequent years, unless the 

Account Holder ceases to be a Specified U.S. Person. 

E. Additional Procedures Applicable to High Value Accounts

1. If a Preexisting Individual Account is a High Value Account as of 

December 31, 2013, the Reporting Irish Financial Institution must complete 

the enhanced review procedures described in paragraph D of this section with 

respect to such account by December 31, 2014. If based on this review such 

account is identified as a U.S. Reportable Account, the Reporting Irish 

Financial Institution must report the required information about such account 

with respect to 2013 and 2014 in the first report on the account. For all 

subsequent years, information about the account should be reported on an 

annual basis.

2. If a Preexisting Individual Account is not a High Value Account as of 

December 31, 2013, but becomes a High Value Account as of the last day of a 
subsequent calendar year, the Reporting Irish Financial Institution must 

complete the enhanced review procedures described in paragraph D of this 

section with respect to such account within six months after the last day of the 

calendar year in which the account becomes a High Value Account. If based 

on this review such account is identified as a U.S. Reportable Account, the 

Reporting Irish Financial Institution must report the required information 

about such account with respect to the year in which it is identified as a U.S. 

Reportable Account and subsequent years on an annual basis.

3. Once a Reporting Irish Financial Institution applies the enhanced 

review procedures set forth above to a High Value Account, the Reporting 

Irish Financial Institution shall not be required to re-apply such procedures, 

other than the relationship manager inquiry in subparagraph D.4 of this 

section, to the same High Value Account in any subsequent year.

4. If there is a change of circumstances with respect to a High Value 

Account that results in one or more U.S. indicia described in subparagraph B 

(1) of this section being associated with the account, then the Reporting Irish 

Financial Institution must treat the account as a U.S. Reportable Account 

unless subparagraph B.4 of this section applies.

5. A Reporting Irish Financial Institution must implement procedures to 

ensure that a relationship manager identifies any change in circumstances of 

an account. For example, if a relationship manager is notified that the 

Account Holder has a new mailing address in the United States, the Reporting 

Irish Financial Institution shall be required to treat the new address as a 

change in circumstances and shall be required to obtain the appropriate 

documentation from the Account Holder.

III. New Individual Accounts. The following rules and procedures apply for identifying 

U.S. Reportable Accounts among accounts held by individuals and opened on or after 

January 1, 2014 (“New Individual Accounts”).

A. Accounts Not Required to Be Reviewed, Identified or Reported. Unless 

the Reporting Irish Financial Institution elects otherwise where the implementing 

rules in Ireland provide for such an election:

1. A New Individual Account that is a Depository Account is not required 

to be reviewed, identified, or reported as a U.S. Reportable Account unless the 

account balance exceeds $50,000 at the end of any calendar year or other 

appropriate reporting period.

2. A New Individual Account that is a Cash Value Insurance Contract is 

not required to be reviewed, identified, or reported as a U.S. Reportable 

Account unless the Cash Value exceeds $50,000 at the end of any calendar 

year or other appropriate reporting period.

B. Other New Individual Accounts. With respect to New Individual Accounts 

not described in paragraph A of this section, upon account opening (or within 90 days 

after the end of the calendar year in which the account ceases to be described in 

paragraph A of this section), the Reporting Irish Financial Institution must obtain a 
self-certification which may be part of the account opening documentation, that 

allows the Reporting Irish Financial Institution to determine whether the Account 

Holder is resident in the United States for tax purposes (for this purpose, a U.S. 

citizen is considered to be resident in the United States for tax purposes, even if the 

Account Holder is also a tax resident of another country) and confirm the 

reasonableness of such self-certification based on the information obtained by the 

Reporting Irish Financial Institution in connection with the opening of the account, 

including any documentation collected pursuant to AML/KYC Procedures.

C. If the self-certification establishes that the Account Holder is resident in the 

United States for tax purposes, the Reporting Irish Financial Institution must treat the 

account as a U.S. Reportable Account and obtain a self-certification that includes the 

Account Holder’s U.S. TIN (which may be an IRS Form W-9 or other similar agreed 

form).

D. If there is a change of circumstances with respect to a New Individual Account 

that causes the Reporting Irish Financial Institution to know or have reason to know 

that the original self-certification is incorrect or unreliable, the Reporting Irish 

Financial Institution cannot rely on the original self-certification and must obtain a 

valid self-certification that establishes whether the Account Holder is a U.S. citizen or 

resident for U.S. tax purposes. If the Reporting Irish Financial Institution is unable to 

obtain a valid self-certification, the Reporting Irish Financial Institution must treat the 

account as a U.S. Reportable Account.

IV. Preexisting Entity Accounts. The following rules and procedures apply for 

purposes of identifying U.S. Reportable Accounts and accounts held by a Nonparticipating 

Financial Institutions among Preexisting Accounts held by entities (“Preexisting Entity 

Accounts”).

A. Entity Accounts Not Required to Be Reviewed, Identified or Reported. 

Unless the Reporting Irish Financial Institution elects otherwise, where the 

implementing rules in Ireland provide for such an election, Preexisting Entity 

Accounts with account balances that do not exceed $250,000 as of December 31, 

2013, are not required to be reviewed, identified, or reported as U.S. Reportable 

Accounts until the account balance exceeds $1,000,000.

B. Entity Accounts Subject to Review. Preexisting Entity Accounts that have 

an account balance or value that exceeds $250,000 as of December 31, 2013, and 

Preexisting Entity Accounts that initially do not exceed $250,000 but the account 

balance of which later exceeds $1,000,000 must be reviewed in accordance with the 

procedures set forth in paragraph D of this section. 

C. Entity Accounts With Respect to Which Reporting is Required. With 

respect to Preexisting Entity Accounts described in paragraph B of this section, only 

accounts that are held by one or more entities that are Specified U.S. Persons, or by 

Passive NFFEs with one or more Controlling Persons who are U.S. citizens or 

residents shall be treated as U.S. Reportable Accounts. In addition, accounts held by 

Nonparticipating Financial Institutions shall be treated as accounts for which 

aggregate payments as described in paragraph 1b) of Article 4 of the Agreement are 

reported to the Irish Competent Authority.
D. Review Procedures for Identifying Entity Accounts With Respect to 

Which Reporting is Required. For Preexisting Entity Accounts described in 

paragraph B of this section, the Reporting Irish Financial Institution must apply the 

following review procedures to determine whether the account is held by one or more 

Specified U.S. Persons, by Passive NFFEs with one or more Controlling Persons who 

are U.S. citizens or residents, or by a Nonparticipating Financial Institution:

1. Determine Whether the Entity is a Specified U.S. Person.

a) Review information maintained for regulatory or customer 

relationship purposes (including information collected pursuant to 

AML/KYC Procedures) to determine whether the information 

indicates that the entity Account Holder is a U.S. Person. For this 

purpose, information indicating that the entity is a U.S. Person includes 

a U.S. place of incorporation or organization, or a U.S. address.

b) If the information indicates that the entity Account Holder is a 

U.S. Person, the Reporting Irish Financial Institution must treat the 

account as a U.S. Reportable Account unless it obtains a selfcertification from the Account Holder (which may be on an IRS Form 

W-8 or W-9, or a similar agreed form), or reasonably determines based 

on information in its possession or that is publicly available, that the 

Account Holder is not a Specified U.S. Person.

2. Determine Whether a Non-U.S. Entity is a Financial Institution.

a) Review information maintained for regulatory or customer 

relationship purposes (including information collected pursuant to 

AML/KYC Procedures) to determine whether the information 

indicates that the entity Account Holder is a Financial Institution.

b) If the information indicates that the entity Account Holder is a 

Financial Institution, then the account is not a U.S. Reportable 

Account. 

3. Determine Whether a Financial Institution is a Nonparticipating 

Financial Institution Payments to Which Are Subject to Aggregate 

Reporting Under Paragraph 1(b) of Article 4 of the Agreement.

a) Subject to subparagraph b) of this paragraph, if the Account 

Holder is an Irish Financial Institution or other Partner Jurisdiction 

Financial Institution, then no further review, identification, or reporting 

is required with respect to the account.

b) An Irish Financial Institution or other Partner Jurisdiction 

Financial Institution shall be treated as a Nonparticipating Financial 

Institution if it is identified as such by the IRS as described in 

paragraph 2 of Article 5 of the Agreement.
c) If the Account Holder, is not an Irish Financial Institution or 

other Partner Jurisdiction Financial Institution, then the Reporting Irish 

Financial Institution must treat the entity as a Nonparticipating 

Financial Institution payments to which are reportable under paragraph 

1(b) of Article 4 of the Agreement, unless the Reporting Irish Financial 

Institution:

(1) Obtains a self-certification (which may be on an IRS 

Form W-8 or similar agreed form) from the entity that it is a 

certified deemed-compliant FFI, an exempt beneficial owner, or 

an excepted FFI, as those terms are defined in relevant U.S. 

Treasury Regulations; or

(2) In the case of a participating FFI or registered deemedcompliant FFI, verifies the entity’s FATCA identifying number 

on a published IRS FFI list.

4. Determine Whether an Account Held by an NFFE Is a U.S. 

Reportable Account. With respect to an Account Holder of a Preexisting 

Entity Account that is not identified as either a U.S. Person or a Financial 

Institution, the Reporting Irish Financial Institution must identify (i) whether 

the entity has Controlling Persons, (ii) whether the entity is a Passive NFFE, 

and (iii) whether any of the Controlling Persons of the entity is a citizen or 

resident of the United States. In making these determinations the Reporting 

Irish Financial Institution should follow the guidance in subparagraphs a)

through d) of this paragraph in the order most appropriate under the 

circumstances.

a) For purposes of determining the Controlling Persons of an 

entity, a Reporting Irish Financial Institution may rely on information 

collected and maintained pursuant to AML/KYC Procedures.

b) For purposes of determining whether the entity is a Passive 

NFFE, the Reporting Irish Financial Institution must obtain a selfcertification (which may be on an IRS Form W-8 or W-9, or on a 

similar agreed form) from the Account Holder to establish its status, 

unless it has information in its possession or that is publicly available, 

based on which it can reasonably determine that the entity is an Active 

NFFE.

c) For purposes of determining whether a Controlling Person of a 

Passive NFFE is a citizen or resident of the United States for tax 

purposes, a Reporting Irish Financial Institution may rely on: 

(1) Information collected and maintained pursuant to 

AML/KYC Procedures in the case of a Preexisting Entity 

Account held by one or more NFFEs with an account balance 

that does not exceed $1,000,000; or

(2) A self-certification (which may be on an IRS Form W-8 
or W-9, or on a similar agreed form) from the Account Holder 

or such Controlling Person in the case of a Preexisting Entity 

Account held by one or more NFFEs with an account balance 

that exceeds $1,000,000. 

d) If any Controlling Person of a Passive NFFE is a citizen or 

resident of the United States, the account shall be treated as a U.S. 

Reportable Account.

E. Timing of Review and Additional Procedures Applicable to Preexisting 

Entity Accounts

1. Review of Preexisting Entity Accounts with an account balance or 

value that exceeds $250,000 as of December 31, 2013, must be completed by 

December 31, 2015.

2. Review of Preexisting Entity Accounts with a balance or value that 

does not exceed $250,000 as of December 31, 2013, but exceeds $1,000,000 

as of December 31 of a subsequent year, must be completed within six months 

after the end of the calendar year in which the account balance exceeds 

$1,000,000.

3. If there is a change of circumstances with respect to a Preexisting 

Entity Account that causes the Reporting Irish Financial Institution to know or 

have reason to know that the self-certification or other documentation 

associated with an account is incorrect or unreliable, the Reporting Irish 

Financial Institution must re-determine the status of the account in accordance 

with the procedures set forth in paragraph D of this section.

V. New Entity Accounts. The following rules and procedures apply to accounts held 

by entities and opened on or after January 1, 2014 (“New Entity Accounts”). 

A. The Reporting Irish Financial Institution must determine whether the Account 

Holder is: (i) a Specified U.S. Person; (ii) an Irish Financial Institution or other 

Partner Jurisdiction Financial Institution; (iii) a participating FFI, a deemed-compliant 

FFI, an exempt beneficial owner, or an excepted FFI, as those terms are defined in 

relevant U.S. Treasury Regulations; or (iv) an Active NFFE or Passive NFFE. 

B. A Reporting Irish Financial Institution may determine that an Account Holder 

is an Active NFFE, an Irish Financial Institution, or other Partner Jurisdiction 

Financial Institution if the Reporting Irish Financial Institution reasonably determines 

that the entity has such status on the basis of information that is publicly available or 

in the possession of the Reporting Irish Financial Institution. 

C. In all other cases, a Reporting Irish Financial Institution must obtain a selfcertification from the Account Holder to establish the Account Holder’s status.

1. If the entity Account Holder is a Specified U.S. Person, the Reporting 

Irish Financial Institution must treat the account as a U.S. Reportable Account.
2. If the entity Account Holder is a Passive NFFE, the Reporting Irish 

Financial Institution must identify the Controlling Persons as determined 

under AML/KYC Procedures, and must determine whether any such person is 

a citizen or resident of the United States on the basis of a self-certification 

from the Account Holder or such person. If any such person is a citizen or 

resident of the United States, the account shall be treated as a U.S. Reportable 

Account.

3. If the entity Account Holder is: (i) a U.S. Person that is not a Specified 

U.S. Person; (ii) subject to subparagraph C.4 of this section, an Irish Financial 

Institution or other Partner Jurisdiction Financial Institution; (iii) a 

participating FFI, a deemed-compliant FFI, an exempt beneficial owner, or an 

excepted FFI, as those terms are defined in relevant U.S. Treasury 

Regulations; (iv) an Active NFFE; or (v) a Passive NFFE none of the 

Controlling Persons of which is a U.S. citizen or resident, then the account is 

not a U.S. Reportable Account and no reporting is required with respect to the 

account.

4. If the entity Account Holder is a Nonparticipating Financial Institution 

(including an Irish Financial Institution or other Partner Jurisdiction Financial 

Institution that is identified by the IRS as a Nonparticipating Financial 

Institution as described in paragraph 2 of Article 5 of the Agreement), then the 

account is not a U.S. Reportable Account, but payments to the Account Holder 

must be reported as contemplated in paragraph 1b) of Article 4 of the 

Agreement.

VI. Special Rules and Definitions. The following additional rules and definitions apply 

in implementing the due diligence procedures described above:

A. Reliance on Self-Certifications and Documentary Evidence. A Reporting 

Irish Financial Institution may not rely on a self-certification or documentary 

evidence if the Reporting Irish Financial Institution knows or has reason to know that 

the self-certification or documentary evidence is incorrect or unreliable.

B. Definitions. The following definitions apply for purposes of this Annex I.

1. AML/KYC Procedures. “AML/KYC Procedures” means the customer 

due diligence procedures of a Reporting Irish Financial Institution 

pursuant to the anti-money laundering or similar requirements of Ireland to 

which such Reporting Irish Financial Institution is subject. 

2. NFFE. An “NFFE” means any Non-U.S. Entity that is not an FFI as 

defined in relevant U.S. Treasury Regulations, and also includes any NonU.S. Entity that is resident in Ireland or other Partner Jurisdiction and that 

is not a Financial Institution.

3. Passive NFFE. A “Passive NFFE” means any NFFE that is not (i) an 

Active NFFE or (ii) a withholding foreign partnership or withholding 

foreign trust pursuant to relevant U.S. Treasury Regulations.
4. Active NFFE. An “Active NFFE” means any NFFE that meets any of the 

following criteria:

a) Less than 50 percent of the NFFE’s gross income for the preceding 

calendar year or other appropriate reporting period is passive 

income and less than 50 percent of the assets held by the NFFE 

during the preceding calendar year or other appropriate reporting 

period are assets that produce or are held for the production of 

passive income;

b) The stock of the NFFE is regularly traded on an established 

securities market or the NFFE is a Related Entity of an Entity the 

stock of which is traded on an established securities market;

c) The NFFE is organized in a U.S. Territory and all of the owners of 

the payee are bona fide residents of that U.S. Territory;

d) The NFFE is a non-U.S. government, a government of a U.S. 

Territory, an international organization, a non-U.S. central bank of 

issue, or an Entity wholly owned by one or more of the foregoing; 

e) Substantially all of the activities of the NFFE consist of holding (in 

whole or in part) the outstanding stock of, and providing financing 

and services to, one or more subsidiaries that engage in trades or 

businesses other than the business of a Financial Institution, except 

that an NFFE shall not qualify for this status if the NFFE functions 

(or holds itself out) as an investment fund, such as a private equity 

fund, venture capital fund, leveraged buyout fund or any 

investment vehicle whose purpose is to acquire or fund companies 

and then hold interests in those companies as capital assets for 

investment purposes;

f) The NFFE is not yet operating a business and has no prior 

operating history, but is investing capital into assets with the intent 

to operate a business other than that of a Financial Institution; 

provided, that the NFFE shall not qualify for this exception after 

the date that is 24 months after the date of the initial organization 

of the NFFE;

g) The NFFE was not a Financial Institution in the past five years, and 

is in the process of liquidating its assets or is reorganizing with the 

intent to continue or recommence operations in a business other 

than that of a Financial Institution;

h) The NFFE primarily engages in financing and hedging transactions 

with or for Related Entities that are not Financial Institutions, and 

does not provide financing or hedging services to any Entity that is 

not a Related Entity, provided that the group of any such Related 

Entities is primarily engaged in a business other than that of a 

Financial Institution; or
i) The NFFE meets all of the following requirements:

i. It is established and maintained in its country of residence 

exclusively for religious, charitable, scientific, artistic, 

cultural, or educational purposes;

ii. It is exempt from income tax in its country of residence; 

iii. It has no shareholders or members who have a proprietary or 

beneficial interest in its income or assets;

iv. The applicable laws of the Entity’s country of residence or 

the Entity’s formation documents do not permit any income 

or assets of the Entity to be distributed to, or applied for the 

benefit of, a private person or non-charitable Entity other than 

pursuant to the conduct of the Entity’s charitable activities, or 

as payment of reasonable compensation for services rendered, 

or as payment representing the fair market value of property 

which the Entity has purchased; and

v. The applicable laws of the Entity’s country of residence or 

the Entity’s formation documents require that, upon the 

Entity’s liquidation or dissolution, all of its assets be 

distributed to a governmental Entity or other non-profit 

organization, or escheat to the government of the Entity’s 

country of residence or any political subdivision thereof.

C. Account Balance Aggregation and Currency Translation Rules

1. Aggregation of Individual Accounts. For purposes of determining 

the aggregate balance or value of accounts held by an individual, a Reporting 

Irish Financial Institution shall be required to aggregate all accounts 

maintained by the Reporting Irish Financial Institution, or Related Entities, but 

only to the extent that the Reporting Irish Financial Institution’s computerized 

systems link the accounts by reference to a data element such as client number 

or taxpayer identification number, and allow account balances to be 

aggregated. Each holder of a jointly held account shall be attributed the entire 

balance or value of the jointly held account for purposes of applying the 

aggregation requirements described in this paragraph.

2. Aggregation of Entity Accounts. For purposes of determining the 

aggregate balance or value of accounts held by an Entity, a Reporting Irish 

Financial Institution shall be required to take into account all accounts held by 

Entities that are maintained by the Reporting Irish Financial Institution, or 

Related Entities, to the extent that the Reporting Irish Financial Institution’s 

computerized systems link the accounts by reference to a data element such as 

client number or taxpayer identification number and allow account balances to 

be aggregated.

3. Special Aggregation Rule Applicable to Relationship Managers. 

For purposes of determining the aggregate balance or value of accounts held 
by a person to determine whether an account is a High Value Account, a 

Reporting Irish Financial Institution shall also be required, in the case of any 

accounts that a relationship manager knows or has reason to know are directly 

or indirectly owned, controlled, or established (other than in a fiduciary 

capacity) by the same person, to aggregate all such accounts.

4. Currency Translation Rule. For purposes of determining the balance 

or value of accounts denominated in a currency other than the U.S. dollar, a 

Reporting Irish Financial Institution must convert the dollar threshold amounts 

described in this Annex I into such currency using a published spot rate 

determined as of the last day of the calendar year preceding the year in which 

the Reporting Irish Financial Institution is determining the balance or value.

D. Documentary Evidence. For purposes of this Annex I, acceptable 

documentary evidence includes any of the following:

1. A certificate of residence issued by an appropriate tax official of the 

country in which the payee claims to be a resident.

2. With respect to an individual, any valid identification issued by an 

authorized government body (for example, a government or agency thereof, or 

a municipality), that includes the individual’s name and is typically used for 

identification purposes.

3. With respect to an Entity, any official documentation issued by an 

authorized government body (for example, a government or agency thereof, or 

a municipality) that includes the name of the Entity and either the address of 

its principal office in the country (or U.S. Territory) in which it claims to be a 

resident or the country (or U.S. Territory) in which the Entity was incorporated 

or organized.

4. With respect to an account maintained in a jurisdiction with antimoney laundering rules that have been approved by the IRS in connection 

with a QI agreement (as described in relevant U.S. Treasury Regulations), any 

of the documents other than a Form W-8 or W-9 referenced in the 

jurisdiction’s attachment to the QI agreement for identifying individuals or 

entities.

5. Any financial statement, third-party credit report, bankruptcy filing, or 

U.S. Securities and Exchange Commission report.
ANNEX II

NON-REPORTING FINANCIAL INSTITUTIONS AND PRODUCTS

General

This Annex II may be updated by a mutual agreement entered into between the Competent 

Authorities of Ireland and the United States: 

(1) to include additional entities, accounts, and products that present a low risk of being 

used by U.S. Persons to evade U.S. tax and that have similar characteristics to the 

entities, accounts, and products identified in this Annex II as of the date of entry into 

force of the Agreement; or 

(2) to remove entities, accounts, and products that, due to changes in circumstances, no 

longer present a low risk of being used by U.S. Persons to evade U.S. tax. 

Procedures for reaching such a mutual agreement may be included in the mutual agreement 

described in paragraph 6 of Article 3 of the Agreement.

I. Exempt Beneficial Owners. The following categories of institutions are Non-Reporting 

Irish Financial Institutions that are treated as exempt beneficial owners for purposes of 

section 1471 of the U.S. Internal Revenue Code:

A. The Irish Government, any political subdivision of the Irish Government or 

any wholly owned agency or instrumentality of any one or more of the 

foregoing including:

1. The National Treasury Management Agency,

2. The National Pensions Reserve Fund and the National Pensions Reserve 

Fund Commission, and

3. The National Asset Management Agency

B. Central Bank 

The Central Bank and Financial Services Authority of Ireland as established under 

The Central Bank and Financial Authority of Ireland Acts 2003 and 2004 together 

with the Central Bank Reform Act 2010 and the Central Bank Act 1942. 

C. International Organisations

The office in Ireland of any institution of the European Union, of the European 

Investment Bank, the European Bank for Reconstruction and Development, or of any 
organisation to which the Diplomatic Relations and Immunities Acts 1967 – 2006 

apply.

D. Retirement Funds

A pension trust and any other organisation, as referred to in Article 4(1)(c) 

(Residence) of the Convention, established in Ireland and maintained exclusively to 

administer or provide retirement or employee benefits. 

II. Deemed-Compliant Financial Institutions 

The following categories of institutions are Non-Reporting Irish Financial Institutions that 

are treated as deemed-compliant FFIs for purposes of section 1471 of the U.S. Internal 

Revenue Code:

A. Non-Profit Organisations

• Charitable organisations that qualify for exemption from tax in accordance 

with section 848A and Schedule 26A of the Taxes Consolidation Act 1997.

• A body established for the promotion of athletic or amateur games or sports 

that has been granted exemption from tax in accordance with section 235 of 

the Taxes Consolidation Act 1997 by the Revenue Commissioners. 

B. Financial Institutions with a Local Client Base

An Irish Financial Institution that meets all of the following requirements:

(a) The Financial Institution must be licensed and regulated under the laws of 

Ireland;

(b) The Financial Institution must have no fixed place of business outside of 

Ireland;

(c) The Financial Institution must not solicit account holders outside of Ireland. 

For this purpose, a Financial Institution shall not be considered to have 

solicited account holders outside of Ireland merely because it operates a 

website, provided that the website does not specifically indicate that the 

Financial Institution provides accounts or services to non-residents, or 

otherwise target or solicit U.S. customers;

(d) The Financial Institution must be required under the tax laws of Ireland to 

perform either information reporting or withholding of tax with respect to 

accounts held by residents of Ireland;

(e) At least 98 per cent of the accounts by value provided by the Financial 

Institution must be held by residents (including residents that are entities) of 

Ireland or another Member State of the European Union;
(f) Subject to subparagraph (g) below, beginning on January 1, 2014, the 

Financial Institution does not open accounts for (i) any Specified U.S. 

Person who is not a resident of Ireland (including a U.S. Person that was a 

resident of Ireland when the account was opened but subsequently ceases to 

be a resident of Ireland), (ii) a Nonparticipating Financial Institution, or (iii) 

any Passive NFFE with Controlling Persons who are U.S. citizens or 

residents;

(g) On or before January 1, 2014, the Financial Institution must implement 

policies and procedures to monitor whether it provides any account held by 

a person described in subparagraph (f), and if such an account is discovered, 

the Financial Institution must report such account as though the Financial 

Institution were a Reporting Irish Financial Institution or close such 

account; 

(h) With respect to each account that is held by an individual who is not a 

resident of Ireland or by an entity, and that is opened prior to the date that 

the Financial Institution implements the policies and procedures described 

in subparagraph (g) above, the Financial Institution must review those 

accounts in accordance with the procedures described in Annex I applicable 

to Preexisting Accounts to identify any U.S. Reportable Account or account 

held by a Nonparticipating Financial Institution, and must close any such 

accounts that were identified, or report on such accounts as though the 

Financial Institution were a Reporting Irish Financial Institution; 

(i) Each Related Entity of the Financial Institution must be incorporated or 

organised in Ireland and must meet the requirements set forth in this 

paragraph; and

(j) The Financial Institution must not have policies or practices that 

discriminate against opening or maintaining accounts for individuals who 

are Specified U.S. Persons and who are residents of Ireland.

C. Certain Collective Investment Vehicles

In the case of an Investment Entity that is a collective investment vehicle regulated 

under the laws of Ireland: 

a) if all of the interests in the collective investment vehicle (including debt 

interests in excess of $50,000) are held by or through one or more Financial 

Institutions that are not Nonparticipating Financial Institutions, such collective 

investment vehicle will be treated as a deemed-compliant FFI for purposes of 

section 1471 of the U.S. Internal Revenue Code, and the reporting obligations 

of any Investment Entity (other than a Financial Institution through which 

interests in the collective investment vehicle are held) will be deemed fulfilled 

with respect to interests in the collective investment vehicle; or 

b) if the collective investment vehicle is not described in paragraph a), 

consistent with paragraph 3 of Article 5 of the Agreement, and if the 

information required to be reported by the collective investment vehicle under 
the Agreement with respect to interests in the collective investment vehicle is 

reported by the collective investment vehicle or another Investment Entity, the 

reporting obligations of all other Investment Entities which have an obligation 

to report with respect to the interests in the collective investment vehicle will 

be deemed fulfilled with respect to such interests.

III. Exempt Products 

The following categories of accounts and products established in Ireland and maintained by 

an Irish Financial Institution shall not be treated as Financial Accounts, and therefore shall 

not be U.S. Reportable Accounts or accounts held by a Nonparticipating Financial Institution, 

under the Agreement:

A. Certain Retirement Accounts or Products

• A Retirement Benefit Scheme, within the meaning of section 771 of the 

Taxes Consolidation Act 1997, approved by the Revenue Commissioners 

for the purposes of Chapter 1 of Part 30 of that Act. 

• An annuity contract or a trust scheme or part of a trust scheme approved 

by the Revenue Commissioners under Chapter 2 of Part 30 of the Taxes 

Consolidation Act 1997. 

• A PRSA contract in respect of a PRSA product, approved by the Revenue 

Commissioners under Chapter 2A of Part 30 of the Taxes Consolidation 

Act 1997. 

• An Approved Retirement Fund or an Approved Minimum Retirement 

Fund provided for under a Retirement Benefit Scheme, an annuity contract 

or a PRSA as approved under Chapters 1, 2 or 2A of Part 30 of the Taxes 

Consolidation Act 1997. 

• Those Irish approved pension schemes or contracts under Part 30 of the 

Taxes Consolidation Act 1997 or Approved Retirement Funds or 

Approved Minimum retirement Funds that are excluded from the 

definition of Financial Account pursuant to Article 1(s)(3).

• An account or product excluded from the definition of Financial Account 

under an agreement between the United States and another Partner 

Jurisdiction to facilitate the implementation of FATCA, provided that such 

account or product is subject to the same requirements and oversight under 

the laws of such other Partner Jurisdiction as if such account or product 

were established in that Partner Jurisdiction and maintained by a Partner 

Jurisdiction Financial Institution in that Partner Jurisdiction. 

B. Certain Other Tax-Favoured Accounts or Products
• Save As You Earn Share Option Schemes - approved by the Revenue 

Commissioners under Chapter 3, Part 17 and Schedule 12A Taxes Consolidation 

Act 1997.

• Profit Sharing Schemes - approved by the Revenue Commissioners under 

Chapter 1, Part 17 and Schedule 11 Taxes Consolidation Act 1997.

• Employee Share Ownership Trusts - approved by the Revenue Commissioners 

under Chapter 2, Part 17 and Schedule 12 Taxes Consolidation Act 1997.