Share options and the UK-Ireland Double Taxation Agreement

A

aspender

Guest
Hi all,

I moved to Ireland from the UK in June 2007, moving from the UK to Ireland company of a major multinational.

My share options transferred over with me. In July 2008 I exercised some options originally granted in 2000 and 2001 in the UK, and which fully vested in 2004 and 2005 respectively.

I exercised by buying/selling at the same price so no capital gain is involved.

I paid the Irish Revenue their RTSO slice at 41% straight away. I am now being asked (via the UK payroll of my company) for UK tax at basic rate (20%) as well. The cheque is on the way to them.

From what I've read, it is now my job to reconcile all this in my Irish and UK tax returns for this financial year. Under the UK/Ireland Double Taxation Agreement I should only pay the tax for each state based on when I was working there.

However, it would appear from this document:



That in fact the only period that counts is the period between option grant and option vest (2000-2004, 2001-2005 repectively) not as I thought the period between grant and exercise. If this is true then I was resident in the UK for all that time and should be able to claim back all of the Irish tax. Ultimately meaning that I only pay UK basic rate and no Irish higher rate (I am a higher rate tax payer here on the basis of my regular salary)

This all sounds good (besides not being able to get any of it back until some time next year that is) but can anybody with experience in these things confirm my understanding?

Many thanks.
 
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