Ryanair 2011 Annual Report Download - page 118

116
• Personal Retirement Savings Account (“PRSA”) administrators who receive the relevant
distribution as income arising in respect of PRSA assets;
• Qualifying employee share ownership trusts;
• Collective investment undertakings;
• Tax-exempt charities;
• Designated brokers receiving the distribution for special portfolio investment accounts;
• Any person who is entitled to exemption from income tax under Schedule F on dividends in
respect of an investment in whole or in part of payments received in respect of a civil action or
from the Personal Injuries Assessment Board for damages in respect of mental or physical
infirmity;
• Certain qualifying trusts established for the benefit of an incapacitated individual and/or persons in
receipt of income from such a qualifying trust;
• Any person entitled to exemption to income tax under Schedule F by virtue of Section 192(2)
Taxes Consolidation Act (“TCA”) 1997;
• Unit trusts to which Section 731(5)(a) TCA 1997 applies; and
• Certain Irish Revenue-approved amateur and athletic sport bodies.
The following non-resident stockholders are exempt from withholding if they make to the Company, in
advance of payment of any dividend, an appropriate declaration of entitlement to exemption:
• Persons (other than a company) who (i) are neither resident nor ordinarily resident in Ireland and
(ii) are resident for tax purposes in (a) a country which has signed a tax treaty with Ireland (a “tax
treaty country”) or (b) an EU member state other than Ireland;
• Companies not resident in Ireland which are resident in an EU member state or a tax treaty
country, by virtue of the law of an EU member state or a tax treaty country and are not controlled,
directly or indirectly, by Irish residents;
• Companies not resident in Ireland which are directly or indirectly controlled by a person or persons
who are, by virtue of the law of a tax treaty country or an EU member state, resident for tax
purposes in a tax treaty country or an EU member state other than Ireland and which are not
controlled directly or indirectly by persons who are not resident for tax purposes in a tax treaty
country or EU member state;
• Companies not resident in Ireland the principal class of shares of which is substantially and
regularly traded on a recognized stock exchange in a tax treaty country or an EU member state
including Ireland or on an approved stock exchange; or
• Companies not resident in Ireland that are 75% subsidiaries of a single company, or are wholly-
owned by two or more companies, in either case the principal classes of shares of which is or are
substantially and regularly traded on a recognized stock exchange in a tax treaty country or an EU
member state including Ireland or on an approved stock exchange.
In the case of an individual non-resident stockholder resident in an EU member state or tax treaty
country, the declaration must be accompanied by a current certificate of tax residence from the tax authorities in
the stockholder’s country of residence. In the case of both an individual and corporate non-resident stockholder
resident in an EU member state or tax treaty country the declaration also must contain an undertaking by the
non-resident or non-ordinarily resident person that he, she or it will advise the relevant person accordingly if he,