(1) Subject to subsection (1B)(b), section 1034 shall not apply -
(a) tax on profits or gains chargeable to tax under Case V of Schedule D, or
(b) tax on any of the profits or gains chargeable under Case IV of Schedule D which arise under the terms of a lease, but to a person other than the lessor, or which otherwise arise out of any disposition or contract such that if they arose to the person making it they would be chargeable under Case V of Schedule D,
where payment is made (whether in the State or elsewhere) directly to a person whose usual place of abode is outside the State (referred to in this section as the 'non- resident person') and where the person making the payment provides the Revenue Commissioners with the information specified in subsection (1A); but section 238 shall apply in relation to the payment as it applies to other payments, being annual payments charged with tax under Schedule D and not payable out of profits or gains brought into charge to tax.
(1A) The foll
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