Hi Petermack, i have just been through the same thing with VRT. The local office and first appeal say that the section in SI 59:1993 says that i am not eligible for TOR exemption despite living in London for Six years, being normally resident over there and paying all taxes over there.
I am married and have a wife and children living here in Ireland. Tax office says because i visited them on a regular basis while i was away, that counts as having personal ties.
However the wording of the SI is very specific, it says that this applies to 'a person living in turn in 2 or more countries' and maintaining personal ties while not resident in Ireland.
I think this refers someone who is spending less than 183 days in Ireland, but also living abroad, moving around and spending less than 183 days each tax year in other countries, with the intent of remaining non-resident anywhere else for tax purposes.
First the VRT office edited the SI, cut and pasted bits of a phrase together then presented it in a letter as 'The Law'.
During my 'interview' the case officer told me 'they go by where your next of kin live'.... no mention of next of kin in the SI or the Revenue Guidelines. PS, Im British and have a UK passport and no family here in Ireland except for wife and kids.
Then i was told that because i didn't live in a house that i owned over there, but i owned a house here that i had to pay....(basically she was making it up as she went along.) ....and then she tells me 'If its any consolation we got others this way as well' (?!?)
I handed in a full lever arch file clearly showing I was resident for tax purposes in the UK, 58 pages of bank statements, accountants letters, NHS records, Letters from HMRC, Vehicle insurance and maintainance details, diesel and parts receipts MOT records......everything dating back 2 years.
If you appeal, your appeal is dealt with by the same office, probably by the person sat next to the original case officer.
The Legislation SI 59: 1993 is freely available on the internet, as are revenue guidelines to its employees for dealing with applicants.
If someone in my position Isn't eligible for a TOR exemption then who is?
I've had to pay over 3000 euro to keep my own car and I'm mad as hell!
Currently applying to the Tax Appeals Commission and I'm not going to let this go.
I would greatly appreciate any help and advice that anyone could offer with this, and i will update on the results of the next steps.