S.I. No. 485/2024 - Double Taxation Relief (Taxes on Income) (Sultanate of Oman) Order 2024

1. With reference to the Agreement

Where, under any provision of this Agreement, a partnership is entitled to exemption from Irish tax as resident of the Sultanate of Oman on any income, such a provision shall not be construed as restricting the right of Ireland to charge any member of the partnership, being a person who is resident in Ireland for the purposes of Irish tax (whether or not he is also resident in the Sultanate of Oman for the purposes of Omani tax), to tax on his share of the income of the partnership; but any such income shall be deemed for the purposes of Article 22 to be income from sources within the Sultanate of Oman.

2. With reference to Article 4

A Common Contractual Fund established in Ireland shall not be regarded as a resident of Ireland and shall be treated as fiscally transparent for the purposes of granting treaty benefits.

3. With reference to Article 4

It is understood that it is the following individuals that shall be regarded as a resident of the Sultanate of Oman entitled to claim the benefits provided by this Agreement

(a) An individual who has his domicile or residence in the Sultanate of Oman and is a national thereof or who is resident in the Sultanate of Oman for a period of five (5) years or more;

(b) Any individual if that individual shall pay income tax in the Sultanate of Oman on income by reason of domicile, residence or any other criterion of a similar nature, where that individual is in receipt of income.

4. With reference to Articles 4, 16 and 18

For the purposes of paragraph 1 of Article 4, paragraph 3 of Article 16 and Article 18, it is understood that the term “statutory body” shall only apply to the Sultanate of Oman and means a body constituted under Royal Decree of the Sultanate of Oman and wholly owned by the Government of the Sultanate of Oman.

5. With reference to Article 6

It is understood that the term “agriculture” includes the breeding and cultivation of fish.

6. With reference to Article 7

It is understood that the provisions of paragraph 3 do not prevent the Contracting State in which the permanent establishment is situated from applying the provisions of laws and regulations of that Contracting State relating to deductions when determining the taxable income of the permanent establishment for the tax purposes of that Contracting State.

7. With reference to paragraph 3 of Article 12

It is understood that the term “the use of, or the right to use, industrial, commercial or scientific equipment” does not include the rental of aircraft or aircraft engines.

8. With reference of paragraph 5 of Article 13

Where an individual

(a) ceases to be resident of a Contracting State,

(b) disposes of property acquired prior to the first day of the year in which he ceased to be resident of the Contracting States as mentioned in subparagraph (a), and

(c) becomes resident again of the Contracting State within five (5) years of ceasing to be so resident,

the provisions of paragraph 5 shall not affect the right of the Contracting State to tax the individual according to its law by reference to that disposal.

GIVEN under the Official Seal of the Government,

18 September, 2024.

SIMON HARRIS,

Taoiseach.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

20

th September,

2024.

WHEREAS it is enacted by section 826(1) (as amended by

section 157

of the

Finance Act 2010

(No. 5 of 2010)) of the

Taxes Consolidation Act 1997

(No. 39 of 1997) that where the Government by order declare that arrangements specified in the order have been made with the government of any territory outside the State in relation to affording relief from double taxation in respect of income tax, corporation tax in respect of income and chargeable gains, capital gains tax or any taxes of a similar character imposed by the laws of the State or by the laws of that territory and, in the case of taxes of any kind or description imposed by the laws of the State or the laws of that territory, in relation to exchanging information for the purposes of the prevention and detection of tax evasion, granting relief from taxation under the laws of that territory to persons who are resident in the State for the purposes of tax or collecting and recovering tax (including interest, penalties and costs in connection with such tax) for the purposes of the prevention of tax evasion, and that it is expedient that those arrangements should have the force of law, and that the order so made is referred to in Part 1 of Schedule 24A of the

Taxes Consolidation Act 1997

, then, subject to section 826 of that Act, the arrangements shall, notwithstanding any enactment, have the force of law as if such order were an Act of the Oireachtas on and from the date of the insertion of a reference to the order into Part 1 of Schedule 24A;

AND WHEREAS it is further enacted by

section 826

(6) of the

Taxes Consolidation Act 1997

that where such an order is proposed to be made, a draft of the order shall be laid before Dáil Éireann and the order shall not be made until a resolution approving of the draft has been passed by Dáil Éireann;

AND WHEREAS a draft of the following Order has been laid before Dáil Éireann and a resolution approving of the draft has been passed by Dáil Éireann;

NOW, the Government, in exercise of the powers conferred on them by section 826(1) (as amended by

section 157

of the

Finance Act 2010

(No. 5 of 2010)) of the

Taxes Consolidation Act 1997

, hereby order as follows