Nppr & non residence

Redmond

Registered User
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Greetings

A large number of people who left Ireland did not pay the NPPR and subsequently became liable for the NPPR penalties and in doing so found hardship heaped on the tragety of emigration and all the personal loss that goes with it. It seems that this might in fact be hinging upon the blunt threat of penalty in a context where emigrants are ´told´they must pay but in fact there may not be a sound legal basis for this.

My tax accounting specialist agreed my non residential status with Revenue some year ago and Tevenue in turn agreed that my unsaleable property containing my personal belongings and heir looms in Ireland was my PPR as I had NO OTHER PPR abroad. My non residential status is based on my absence from Ireland and the fact that my income was derived solely abroad.............yet it was agreed that my PPR is in Ireland.

On this basis therefore, it seems that an emigrant can retain PPR status in Ireland and this appears to be reinforced in many countries accross Europe where a person has a PPR in one country but is tax resident in another e.g. border territories between France and Switzerland. A commuting worker does not pay employment tax in France, is tax resident in Switzerland and maintains a PPR in France. The ´source of income´ rule establishes the tax residency even though the individual may spend more that 180 nights at their residence.


I have a vacant and unsaleable house in Ireland and according to the rules I paid 3700 Euro recently to prevent Revenue heaping further penalties on the existing charge as it appears the ´RULE´is being implemented without consideration of the real life conditions of many emigrants who may live in temporary accomodation or accomodation not fitting the establishment of a PPR abroad, in otherwords, no fixed abode.

Therefore the ´general rule´that an emigrant non resident might in fact be quite entitled to keep his PPR status in Ireland if he choses to do so and maintain his non resident status also. It is also a recognised fact that many people derive their income from several countries eyt can nominate a PPR in another country. No negotiation may in fact be needed with revenue as a statement of fact with the appropriate regulations in hand could be enough to recover funds and qualify you vacant residence as a PPR.

Could anybody add to this? Has anybody been able to implement these ideas in relation to PPR?

Redmond.
 
I fail to see how one could have a Principal Private Residence, yet fail to be Resident in the same country.
 
This whole subject rests on a technical (& possibly deceptively complex) legal concept of principal private residence and may well require specific legal expert opinion to enable you to arrive at a satisfactory conclusion. I too would welcome any informed perspectives that people may be able to give here.

In general once you've paid the NPPR, I expect you will struggle to recoup it from the local authority to whom you paid it. It may well have been easier to resist paying the stated liability in the first instance on the grounds you set out in your post.

You may be interested in the following blog post which references relevant Revenue manuals on PPR. http://mcgibney.ie/2010/06/25/ivor-callelys-principal-private-residence-dilemma/
 
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