13. Repayment of tax where earnings not remitted.
(1) The Principal Act is amended by inserting the following after section 825A:
"825B.— (1) In this section— |
‘ associated company ', in relation to a relevant employer, means a company which is that employer's associated company within the meaning of section 432 and which is incorporated or resident in a country or jurisdiction which is not a party to the EEA agreement, but with the government of which arrangements are for the time being in force by virtue of section 826(1); |
‘ EEA agreement ' means the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as adjusted by the Protocol signed at Brussels on 17 March 1993; |
‘ emoluments ' has the same meaning as in Chapter 4 of Part 42; |
‘ relevant emoluments ', in relation to a tax year, means emoluments that are— |
(a) paid by a relevant employer or an associated company of that relevant employer to a relevant employee, and |
(b) within the charge to tax under Schedule E and to which Chapter 4 of Part 42 has been applied, |
for that tax year; |
‘ relevant employee ' means an individual who, for a tax year— |
(a) is resident in the State for tax purposes, and |
(b) is not domiciled in the State, |
and who, prior to becoming resident in the State for tax purposes— |
(i) was a resident of, and resident in, a country or jurisdiction that is not a party to the EEA Agreement but with the government of which arrangements are for the time being in force by virtue of section 826(1), |