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  • 04-09-2020 3:40pm
    #1
    Registered Users Posts: 2,464 ✭✭✭


    I have an account in Luxembourg . I have a house in Ireland and the Philippines . At present I have spent over 183 days out of Ireland over 3 years and the bank has my Philippine address which is verified . My tax jurisdiction is still Ireland so am I still liable to tax in Ireland . How do I prove non residency .
    The revenue web site states that if you leave Ireland and become non resident you don't need to pay tax on interest under 3910 euro per year. There is also a section which states a person must have a tax jurisdiction . I don't have a Philippine social security number so it is Ireland .
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  • Registered Users Posts: 1,677 ✭✭✭nompere


    rgossip30 wrote: »
    There is also a section which states a person must have a tax jurisdiction . I don't have a Philippine social security number so it is Ireland .

    Where on Revenue's website did you find that? As a general principle I do not believe such an assertion to be true.


  • Registered Users Posts: 2,464 ✭✭✭rgossip30


    nompere wrote: »
    Where on Revenue's website did you find that? As a general principle I do not believe such an assertion to be true.
    This would be with double taxation agreements where tax jurisdiction is an issue . Revenue could argue the non residence lack of documents, no social security number in the Philippines to prove and still having a house in Ireland .


  • Registered Users Posts: 1,677 ✭✭✭nompere


    rgossip30 wrote: »
    This would be with double taxation agreements where tax jurisdiction is an issue . Revenue could argue the non residence lack of documents, no social security number in the Philippines to prove and still having a house in Ireland .

    Residence (for tax purposes) in Ireland is a simple matter of the number of days a person spends in the country. Ownership, or non-ownership, of property makes no difference to that basic rule. A diary is the best way of showing non-residence.

    I still don't know where you came up with the idea that a person must "have a tax jurisdiction".

    Double tax treaties have rules for determining the country of which an individual is resident where he is resident in both of them for domestic tax purposes.


  • Registered Users Posts: 2,464 ✭✭✭rgossip30


    nompere wrote: »
    Residence (for tax purposes) in Ireland is a simple matter of the number of days a person spends in the country. Ownership, or non-ownership, of property makes no difference to that basic rule. A diary is the best way of showing non-residence.

    I still don't know where you came up with the idea that a person must "have a tax jurisdiction".

    Double tax treaties have rules for determining the country of which an individual is resident where he is resident in both of them for domestic tax purposes.
    To have an offshore bank account under CRS rules you must have a tax jurisdiction . The TIN or PPS number determines this , you cannot have no tax jurisdiction .The rules on offshore accounts in Luxembourg are more strict even if you can prove you live outside of Ireland for more than 183 days a year . I doubt Irish revenue would accept a diary as proof of days spent out of the country ! .
    https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-38/38-03-23.pdf


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