Declaring oneself an Irish tax resident?

W

worksop7

Registered User
Messages
14
Forgive me if this question has been asked before, but I searched and could not find an answer.

Can an Irish citizen, Irish domiciled (I think) voluntarily declare themselves an Irish resident for tax purposes, even if they do not fulfill the residence criteria in a given year?

I live in the US, but am a non-resident there for tax. I have assets in Ireland, with capital gain this year. Given that, according to Uncle Sam, I have to have a "tax home" somewhere, can I just declare myself an Irish resident and pay whatever is necessary here?

any advice would be welcome,
thanks
worksop.
 
Uncle Sam is correct, you are resident in some country for tax purposes!

I suppose in theory you could have a case for being resident in Ireland on the basis that you are domiciled in Ireland and are tax resident in no other country.

Why would you want to declare yourself a tax resident in Ireland? You're going to have double taxation treaties with most other countries anyway so it shouldn't effect you that much.
 
Many thanks for the tips.

Iceman732 said:
Why would you want to declare yourself a tax resident in Ireland? You're going to have double taxation treaties with most other countries anyway so it shouldn't effect you that much.
Click to expand...

In liability terms, I think it works out about the same, but...

1) simplicity - the US tax system way more complicated
2) finality - once a US tax resident, it is very difficult to unmake yourself a resident, or that's what it feels like. And I am not sure I want to live here (US) in the long term.
 
I'm sure Revenue would have no objection if you sent them a nice cheque once in a while, but I'm not sure that the US IRS would regard that as meeting your taxation obligations over there. :)

Anymore details about time spent in each country etc?
 
Have you taken US tax advice?

The US residence rules are quite complex, and if you spend time there, it is likely that you could very well be US tax resident - and even if not, you may be taxable there as a non-resident alien.

Irish tax residence is based on days spent in Ireland, and if you do not spend the days here - you are not resident.

If you are tax resident in two countries under each of the country's individual rules, you then look to the tax treaty to determint treaty tax residence.

You really need to get advice from a US tax advisor on this.
 
Anyone know a good tax advisor? i need someone well versed in residency issues like this. I live in Ireland, work in Uk & have Irish & US citizenship. I cant pay the 300 euro an hour most accountants charge. Revenue offices in dublin worse than useless.
 
You must log in or register to reply here.
Back
Top