Michael McGrath (Cork South Central, Fianna Fail)
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61. To ask the Minister for Finance the number of Irish incorporated companies that are not judged to be resident here under the test of management and control and that have advised the Revenue Commissioners as to where they are actually resident since the change announced in budget 2014; and if he will make a statement on the matter. [12684/14]

Michael Noonan (Limerick City, Fine Gael)
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Further to the announcement I made in Budget 2014, a change in company residence rules was made in Section 39 of the Finance (No. 2) Act 2013 to provide that where, by reason of a mismatch of residence rules with a treaty-partner country, an Irish-incorporated company would neither be resident in that country nor in the State and, accordingly, would not be resident in any country, the company will then be treated as resident in the State for tax purposes. The change will ensure that the mismatch of company residence rules does not allow the Irish-incorporated company to be stateless in terms of its place of tax residency. The change applies from 24 October 2013 for newly-incorporated companies (i.e. companies incorporated on or after that date) and from 1 January 2015 for companies incorporated before 24 October 2014.

I am informed by the Revenue Commissioners that they have not, to date, been advised by any company that is or will be affected by the change in residence rules as to where it is actually resident following the announcement of the change in the Budget. However, any company that becomes resident in the State by virtue of the change will, from the time it becomes so resident, be chargeable to corporation tax on all of its profits wherever arising and will be required to file a corporation tax return for each accounting period for which it is an Irish resident company.  A corporation tax return is required to be filed within nine months after the end of each accounting period.