IRELAND ESTATE TAX TREATY

UNITED STATES- IRELAND ESTATE TAX TREATY

[Signed 9/13/49]


ARTICLE I

(1) The taxes which are the subject of the present convention are:

(a) In the United States of America, the Federal estate tax, and

(b) In Ireland, the estate duty imposed in that territory.


(2) The present convention shall also apply to any other taxes of a
substantially similar character imposed by either contracting party
subsequently to the date of signature of the present convention.

ARTICLE II

(1) In the present convention, unless the context otherwise
requires:

(a) The term "United States" means the United States of America,
and when used in a geographical sense means the States, the Territories
of Alaska and of Hawaii, and the District of Columbia.

(b) The term " Ireland" means the Republic of Ireland.

(c) The term "territory" when used in relation to one or the other
contracting party means the United States or Ireland, as the context
requires.

(d) The term " tax" means the estate duty imposed in Ireland or the
United States Federal estate tax, as the context requires.


(2) In the application of the provisions of the present convention
by one Of the contracting parties, any term not otherwise defined shall,
unless the context otherwise requires, have the meaning which it has
under the laws Of that contracting party relating to the taxes which are
the subject of the present convention.

ARTICLE III

(1) For the purposes of the present convention, the question
whether a decedent was domiciled in any part Of the territory of one of
the contracting parties at the time of his death shall be determined in
accordance with the law in force in that territory.

(2) Where a person dies domiciled in any part of the territory of
one contracting party, the situs of any rights or interests, legal or
equitable, in or over any of the following classes of property which for
the purposes of tax form part of the estate of such person or pass on
his death, shall, for the purposes of the imposition of tax and for the
purposes of the credit to be allowed under Article V, be determined
exclusively in accordance with the following rules, but in cases not
within such rules the situs of any such rights or interests shall be
determined for those purposes in accordance with the law relating to tax
in force in the territory of the other contracting party:

(a) Immovable property shall be deemed to be situated at the place
where such property is located;

(b) Tangible movable property (other than such property for which
specific provision is hereinafter made) and bank or currency notes,
other forms of currency recognized as legal tender in the place of
issue, negotiable bills of exchange and negotiable promissory notes,
shall be deemed to be situated at the place where such property, notes,
currency or documents are located at the time of death, or, if in
transitu, at the place of destination;

(c) Debts, secured or unsecured, other than the forms of
indebtedness for which specific provision is made herein shall be deemed
to be situated at the place where the decedent was domiciled at the time
of death;

(d) Shares or stock in a corporation other than a municipal or
governmental corporation (including shares or stock held by a nominee
where the beneficial ownership is evidenced by scrip certificates or
otherwise) shall be deemed to be situated at the place in or under the
laws of which such corporation was created or organized, but, if such
corporation was created or organized under the laws of the United
Kingdom of Great Britain and Northern Ireland or under the laws of
Northern Ireland, and if the shares or stock of such corporation when
registered on a branch register of such corporation kept in Ireland are
deemed under the laws of the United Kingdom or of Northern Ireland and
of Ireland to be assets situated in Ireland, such shares or stock shall
be deemed to be assets situated in Ireland;

(e) Moneys payable under a policy of assurance or insurance on the
life of the decedent shall be deemed to be situated at the place where
the decedent was domiciled at the time of death;

(f) Ships and aircraft and shares thereof shall be deemed to be
situated at the place of registration or documentation of the ship or
aircraft;

(g) Goodwill as a trade, business or professional asset shall be
deemed to be situated at the place where the trade, business or
profession to which it pertains is carried on;

(h) Patents, trademarks and designs shall be deemed to be situated
at the place where they are registered;

(i) Copyright, franchises, and rights or licenses to use any
copyrighted material, patent, trademark or design shall be deemed to be
situated at the place where the rights arising therefrom are
exercisable;

(j) Rights or causes of action ex delicto surviving for the benefit
Of an estate of a decedent shall be deemed to be situated at the place
where such rights or causes of action arose;

(k) Judgment debts shall be deemed to be situated at the place
where the judgment is recorded:

provided that if, apart from this paragraph, tax would be imposed by one
contracting party on any property which is situated in its territory,
this paragraph shall not apply to such property unless, by reason of its
application or otherwise, tax is imposed or would but for some specific
exemption be imposed thereon by the other contracting party.

ARTICLE IV

(1) In determining the amount on which tax is to be computed,
permitted deductions shall be allowed in accordance with the law in
force in the territory in which the tax is imposed.

(2) Where tax is imposed by one contracting party on the death of a
person who at the time of his death was not domiciled in any part of the
territory of that contracting party but was domiciled in some part of
the territory of the other contracting party, no account shall be taken
in determining the amount or rate of such tax of property situated
outside the former territory: provided that this paragraph shall not
apply as respects tax imposed--

(a) In the United States in the case of a United States citizen
dying domiciled in any part of Ireland; or

(b) In Ireland in the case of property passing under a disposition
governed by the law of Ireland.

ARTICLE V

(1) Where one contracting party imposes tax by reason of a
decedent's being domiciled in some part of its territory or being its
national, that party shall allow against so much of its tax (as
otherwise computed) as is attributable to property situated in the
territory of the other contracting party, a credit (not exceeding the
amount of the tax so attributable) equal to so much Of the tax imposed
in the territory of such other party as is attributable to such
property; but this paragraph shall not apply as respects any such
property as is mentioned in paragraph (2) of this article.

(2) Where each contracting party imposes tax by reason of a
decedent's being domiciled in some part of its territory, each party
shall allow against so much of its tax (as otherwise computed) as is
attributable to property which is situated, or is deemed under paragraph
(2) of Article III to be situated,

(a) in the territory of both parties, or

(b) outside both territories

a credit which bears the same proportion to the amount of its tax so
attributable or to the amount of the other party's tax attributable to
the same property, whichever is the less, as the former amount bears to
the sum of both amounts.


(3) Where Ireland imposes duty on property passing under a
disposition governed by its law, that party shall allow a credit similar
to that provided by paragraph (1) of this article.

(4) For the purposes of this article, the amount of the tax of a
contracting party attributable to any property shall be ascertained
after taking into account any credit, allowance or relief, or any
remission or reduction of tax, otherwise than in respect of tax payable
in the territory of the other contracting party; and if, in respect of
property situated outside the territories of both parties, a contracting
party allows against its tax a credit for tax payable in the country
where the property is situated, that credit shall be taken into account
in ascertaining, for the purposes of paragraph (2) of this article, the
amount of the tax of that party attributable to the property.

ARTICLE VI

(1) Any claim for a credit or for a refund of tax founded on the
provisions of the present convention shall be made within six years from
the date of the death of the decedent in respect of whose estate the
claim is made, or, in the case of a reversionary interest where payment
of tax is deferred until on or after the date on which the interest
falls into possession, within six years from that date.

(2) Any such refund shall be made without payment of interest on
the amount so refunded, save to the extent to which interest was paid on
the amount so refunded when the tax was paid.

ARTICLE VII

(1) The taxation authorities of the contracting parties shall
exchange such information (being information available under the
respective taxation laws of the contracting parties) as is necessary for
carrying out the provisions of the present convention or for the
prevention of fraud or the administration of statutory provisions
against legal avoidance in relation to the taxes which are the subject
of the present convention. Any information so exchanged shall be treated
as secret and shall not be disclosed to any person other than those
concerned with the assessment and collection of the taxes which are the
subject of the present convention. No information shall be exchanged
which would disclose any trade secret or trade process.

(2) As used in this Article, the term "taxation authorities" means,
in the case of the United States, the Commissioner of Internal Revenue
or his authorized representative, in the case of Ireland, the Revenue
Commissioners or their authorized representative.

ARTICLE VIII

(1) The present convention shall be ratified and the instruments of
ratification shall be exchanged at Washington, District of Columbia, as
soon as possible.

(2) The present convention shall come into force on the date of
exchange of ratification and shall be effective only as to

(a) the estates of persons dying on or after such date; and

(b) the estate of any person dying before such date and after the
last day of the calendar year immediately preceding such date whose
personal representative elects, in such manner as may be prescribed,
that the provisions of the present convention shall be applied to such
estate.

ARTICLE IX

(1) The present convention shall remain in force for not less than
three years after the date of its coming into force.

(2) If not less than six months before the expiration of such
period of three years, neither of the contracting parties shall have
given to the other contracting party, through diplomatic channels,
written Notice of its intention to terminate the present convention, the
convention shall remain in force after such period of three years until
either of the contracting parties shall have given written notice of
such intention, in which event the present convention shall not be
effective as to the estates of persons dying on or after the date (not
being earlier than the sixtieth day after the date of such Notice)
specified in such notice, or, if no date is specified, on or after the
sixtieth day after the date of such notice.

IN WITNESS WHEREOF the above-named plenipotentiaries have signed
the present convention and have affixed thereto their seals.

DONE AT DUBLIN, in duplicate, this 13th day of September, 1949.

FOR THE GOVERNMENT OF THE
UNITED STATES OF AMERICA:

[SEAL] GEORGE A. GARRETT


FOR THE GOVERNMENT OF IRELAND:

[SEAL] P. MCGILLIGAN
SEAN MACBRIDE