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IMPORTANT INFORMATION
Irish Funds – Residency Requirements


Please note the following important information in relation to all Irish registered funds available through the Alliance Trust Savings Fund Supermarket:

YOU CANNOT HOLD (OR CONTINUE TO HOLD) SHARES IN ANY IRISH-DOMICILED FUNDS THROUGH ALLIANCE TRUST SAVINGS IF YOU ARE RESIDENT (OR ORDINARILY RESIDENT) IN THE REPUBLIC OF IRELAND (EIRE).


Background

The tax treatment of Irish-domiciled funds in Ireland depends on where the underlying investor is resident. Each investor is required to make a declaration as to their residency status when shares in the Irish funds are purchased and to notify the fund manager if their residency status changes.

Alliance Trust Savings is only able to purchase shares in Irish funds on the basis that it is not (and is not acting on behalf of anyone who is) Irish resident. Therefore, Alliance Trust Savings customers are only eligible to purchase shares in Irish funds through Alliance Trust Savings if they are, and remain, resident and ordinarily resident (under the definition set out below) outside the Republic of Ireland.


Definition of Irish residence / ordinary residence:

The following summary of the concepts of residence and ordinary residence under Irish tax law has been issued by the Irish Revenue Commissioners:


Residence – individual
The Irish tax year operates on the calendar year basis. The normal rule is an individual will be regarded as being resident in Ireland for a tax year if that individual:

    i) spends 183 days or more in Ireland in that tax year; or

    ii) has a combined presence of 280 days in Ireland, taking into account the number of days in Ireland in that tax year together with the number if days spent in Ireland in the preceding year.

Presence in a tax year by an individual of not more than 30 days in Ireland will not be reckoned for the purpose of applying the two year test. Presence in Ireland for a day means the personal presence of an individual at the end of the day (midnight).


Ordinary Residence – individual
The term ‘ordinary residence’ as distinct from ‘residence’ relates to a person’s normal pattern of life and denotes residence in a place with some degree of continuity.

An individual who has been resident in Ireland for three consecutive tax years becomes ordinarily resident with effect from the commencement of the fourth tax year.

An individual who has been ordinarily resident in Ireland ceases to be ordinarily resident at the end of the third consecutive year in which that individual is not resident in Ireland. Thus, an individual who is resident and ordinarily resident in Ireland in tax year ended 31 December 2006 and departs from Ireland in that year will remain ordinarily resident up to the end of the tax year 2009.


Confirmation of non-Irish residency, remedies and liability

By giving Alliance Trust Savings an instruction to purchase shares in any Irish funds you are deemed to confirm to Alliance Trust Savings that you are not Irish resident or ordinarily resident.

You must tell Alliance Trust Savings immediately if you are about to become resident or ordinarily resident in Ireland at any time while you hold shares in any Irish fund through Alliance Trust Savings.

If Alliance Trust Savings becomes aware that you are (or are about to become) Irish resident or ordinarily resident, Alliance Trust Savings will be entitled to sell your shares in the Irish funds and credit the sale proceeds received by it to your account. Alliance Trust Savings will not be liable to you for any losses or liabilities you incur as a result of the sale.

You will be liable to Alliance Trust Savings for any costs, expenses and other liabilities that Alliance Trust Savings incurs as a result of your being, or becoming, Irish resident or ordinarily resident at any time when you hold any shares in Irish funds through Alliance Trust Savings.

If you have any doubts about your residency status, your eligibility to purchase Irish funds or any other aspect of this Addendum, you should seek independent advice from a solicitor or authorised financial adviser.

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See Also
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pdf List of Funds
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pdf Guide to Funds
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Funds Library
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Alliance Trust Savings Limited is registered in Scotland No. SC 98767, registered office, PO Box 164, 8 West Marketgait, Dundee DD1 9YP; is authorised and regulated by the Financial Services Authority whose address is 25 The North Colonnade, Canary Wharf, London E14 5HS firm reference number 116115; gives no financial or investment advice.