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buying second property for investment purposes

24

Comments

  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    It was this statement of yours Mr Trump!


    If you are tax resident then you will be tax resident and have to pay tax on your income. Your domicile won't matter.


    income arising outside Ireland to an Irish resident non-domiciled person will often not be subject to tax anywhere!


    Re your statement that “I don't think we have the exact same loopholes here as the UK does”, ours are much broader (although I would not describe them as loopholes) as our situation is exactly the same as existed in the U.K. before the rules were successively tightenened up there. Domicile is a common law concept rather than a creation of statute. The most common advice given to a person seeking a domicile of choice rather than retaining their origin is to acquire a foreign grave! Clearly a person who never left the country and who has no concrete plans to do so would find it very difficult to acquire a foreign domicile. Spending a significant amount of time at a particular foreign residence with an intention to ultimately end up there would be a minimum requirement.



  • Registered Users, Registered Users 2 Posts: 419 ✭✭DFB-D


    Now sneaky sneaky, trying to edit your posts. All can see the sarkey reply you made as I quoted it, your new post is quite a different post now that you realise you were wrong (and others can now see)...

    You were wrong because you played the asshole, pretending to be an expert and you came unstuck.

    I have no respect for you, if you had any self respect you would disappear.

    Just to summarise for you again what you did:

    1. You made asshole remarks.

    2. You didn't know what the remiitance basis was, you instead talked about domicile levy and changing domicile.

    3. I gave a circumstance where the OP would not be required to pay Irish tax on foreign rental income. You should have accepted this is something you did not have a contribution on. That was relevant to the OP. You did not heed my warnings and continued to be an asshole. This must be very embrassing for you.

    4. You are now still not understanding that the OP may not have an Irish Domicile and regardless, will be required to pay tax in Spain/wherever on the rental income. There was no mention of domicile in the OP, just that they considered there would be no Irish tax payable.

    5. Of course if the OP is Irish domiciled, they can confirm this themselves. In which case the remittance basis does not apply. But you are still an asshole for substituting knowledge with google.

    Anyway, think there are a lot of people delighted to see you shown up like this, it is throughly deserved.



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    Read your own document genius. I already advised you to do this before making a show of yourself. But given your inability to do so, let me point out a salient bit of information to you. Section 3.3 on page 5

    Up to and including the 2009 tax year, an Irish citizen who was not ordinarily resident in the State for a relevant tax year could also have availed of the remittance basis of assessment for that relevant year.

    However, section 9 of the Finance Act 2010 provides that, for 2010 and subsequent tax years, the remittance basis of assessment no longer applies in respect of the foreign income of an Irish citizen not ordinarily resident in the State.

    The reason for that section is that you cannot be simultaneously an Irish citizen, tax resident in Ireland, but considered domiciled elsewhere. Before 2009, if you moved abroad for long enough, when you came back you could avail of the remittance relief unless and until you became ordinarily resident.

    You are advising the OP (Irish citizen) that they can somehow remain here yet elect to move their domicile elsewhere and have to pay no tax anywhere on Spanish rental income.

    You

    are

    wrong


    The OP cannot do what you are suggesting.



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    See above post. The OP is Irish. They are not Polish, nor from the planet Klingon.

    Revenue will have the final determination as regards domicile for tax purposes. "Domicile" doesn't come into it for the OPs situation. It is useless to them. So arguing about it doesn't matter. They can take your advice and buy a whole graveyard somewhere, but it won't change anything.

    Trying to change their domicile would only work after they had moved abroad for long enough (and would then be no longer tax resident or ordinarily resident here). For as long as they are tax resident, domicile doesn't matter.



  • Registered Users, Registered Users 2 Posts: 1,786 ✭✭✭DownByTheGarden


    Thats a joke right? You've been in a coma for the last 10 years and have just woken up and not read any news yet? Has to be :)



  • Registered Users, Registered Users 2 Posts: 419 ✭✭DFB-D


    Can't fix stupid.... You are trying to explain something you don't understand now and have forgotten your own argument!!!!

    Remember you claimed remittance relief only applies if not ordinary resident!!!!!



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    There is no need for you to be so sensitive. Just because you had things arseways at the start (and still do) and try to cover up. Why you are now trying to imply that the OP is Polish and has only just moved here is beyond me.

    The OP cannot do what you are advising them to do



  • Registered Users, Registered Users 2 Posts: 1,786 ✭✭✭DownByTheGarden


    Our tenant has recently left and we are putting out property on the market in the new year. So glad to be out of the swamp that is property investment in Ireland. We do have money lying around though looking to be spent and we have actually bee discussing buying a house abroad. We even know the town and the particular houses we are interested in.

    Its in Portugal where we have spent a lot of time over the years. We could airbnb it if we wanted for when we arenbt there, but arent pushed about that tbh. Have some friends who we meet over there when we go and have known them for many years now. Currently tapping them for their own experiences on it. One had a house in Portugal and had 3 apartments in Dublin up til about 2 years ago when he sold all the ones in Ireland, so he will be able to advise us well.

    But I am rambling. Point is that I understand what you are saying, that it looks like its better to invest property money abroad than carry the risk investing it in Ireland. I hear ya.



  • Registered Users, Registered Users 2 Posts: 3,053 ✭✭✭Casati


    Doesn’t seem like anybody has tried to answer any of the OP’s questions and instead talk about Spainish tax so here goes

    1. You could get a standard residential mortgage on the investment property if you tell the bank you plan to live in it yourselves (and rent your current house). This is not illegal but if they find out they could move you to an investment rate.
    2. Repayments on 20 yr mortgage would be circa 1400 per month and rates are rising
    3. You will pay tax at top rate on rental income less rental expenses including mortgage interest
    4. Rent of 2400 per month would probably see you cover your costs after tax at the moment but if rent falls your costs stay the same
    5. Rent a room won’t work unless you separate and one moves into the new house - probably a bit drastic to save tax
    6. Taking a mortgage for this property will make it much harder to get a mortgage for your forever home.
    7. You are taking on massive risk of tenants not paying rent and wrecking your property. Anti landlord laws are coming all the time. This is a real risk
    8. Property seems over valued at the moment and rents also are far too high - pumped up by lots of factors

    Wait a little while as more value will come into the market. in your shoes I would look to trade up to a house that has some kind of granny flat or annex that you can rent out and avail of rent a room tax free. This €18k a year could go towards paying off a larger mortgage



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  • Registered Users, Registered Users 2 Posts: 1,221 ✭✭✭wildwillow


    Well said Casati. As a landlord who has sold all but one property, I wouldn’t advise anybody to buy to rent. Landlords are treated badly on every front. If the government want to secure tenancy rights they should guarantee rents for any property which is up to standard.

    The judgement made before Christmas to allow tenants owing €70,000 remain for a further two months should be an eye opener for any prospective landlord.



  • Registered Users, Registered Users 2 Posts: 18,984 ✭✭✭✭kippy


    Talk about making life more complicated and stressful.

    OP you would be daft to buy an investment property given your circumstances and timelines.

    You have 200k cash and an asset worth X in your existing house.

    I assume you have a decent family income also.

    This opens the door to up sizing while retaining your existing property as the BTL if you wish or getting a new house, sellig the existing one, with potentially a very small mortgage.

    In those contexts buying a BTL now makes zero sense.



  • Registered Users, Registered Users 2 Posts: 419 ✭✭DFB-D


    You don't even need to understand the words in the document, simply turn to page 9 and read the example of a person resident and ordinarily resident in Ireland who can apply the remittance basis.

    I can't do anything else for you, you have conclusive examples from Revenue to refer to. I had a fair idea you would carry on behaving like a clown, and I was right about that too.

    There is no advice on actions to take here, just a comment that Irish tax basis is not applied on a worldwide basis to all tax residents /ordinary tax residents. Everything else you allege is just your silly little games.



  • Posts: 0 [Deleted User]




  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    Your document, and any example in it, has no relevance to the OP. Your implicit agreement with the other poster that someone could have rental income in Spain and somehow avoid any tax implications in Spain, Ireland, or elsewhere, is also incorrect.

    Nothing you have said is relevant to the OP. You can try to change goalposts all you like and pretend that you are talking about something else. If you want to talk about something else, go start another thread on it.



  • Registered Users, Registered Users 2 Posts: 419 ✭✭DFB-D


    Sorry, I won't be deflected from the issue by wild accusations, you were wrong and that is that 😂

    If you are an adult, you have a lot of maturing to do here....



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  • Registered Users, Registered Users 2 Posts: 1,786 ✭✭✭DownByTheGarden


    Is it you mission to ruin every single thread in the property forum. You can guarantee 100% when I scroll down through an interesting thread and then you make a comment in it that there will be whole slew of argumentative posts from you until the thread is ruined and eventually closed. Every single time. Why do this? Its almost like a mission that you have to just ruin an interesting thread. You just ruin the experience for everyone.

    To everyone else - Sorry for the rant. Its just so annoying.



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    Well I tried to get away from it last night, but the poster keeps coming back and trying to bang his drum about his imaginary Polish person and condoning some scheme for an Irish person to illegally not pay taxes. Whatever they are going on about has absolutely nothing to do with the thread. The OP is an Irish person who lives here and has no intention of going anywhere. Advising them that the can somehow spontaneously elect to change their "domicile" is simply wrong.

    And you come on as well to try to stick your boot in so I have to reply to you as well. Why you want to get involved is beyond me. But how and ever. If you don't like me pointing out facts to you on other threads, then you will have to learn to deal with that.

    The other poster is simply wrong. They are trying to shift the goalposts now. But they have no relevance to the OP's situation. Let them keep digging. If they don't want to admit it then fine. It is a general rule on boards.ie that you cannot encourage illegality. Advising the OP to buy a house in Spain and not pay any tax anywhere on the rental income is encouraging illegality.



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    You can continuing being wrong if you want to. I don't care.



  • Registered Users, Registered Users 2 Posts: 419 ✭✭DFB-D


    You do care and it kills you, you are that type of feeble person 😂

    Ah I'm done with you, I'll let you whinge on to others, desparately lying to twist your way out of it.

    Pathetic.



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump



    Yeah I don't care if you want to keep being wrong. Whatever makes you happy. No need for the projection. Have a nice day.



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  • Posts: 0 [Deleted User]


    Poor mr trump. He said he didn’t care about 25 posts ago but is still coming back each time. All he has to do is show a little humility and admit he is wrong and his initial googling wasn’t thorough enough or even just stop posting



  • Registered Users, Registered Users 2 Posts: 3,714 ✭✭✭HBC08


    I thought its possible to write the tax off against the mortgage?



  • Registered Users, Registered Users 2 Posts: 20,832 ✭✭✭✭Donald Trump


    Yeah I don't care. Keep bringing it up and I'll tell you I still don't care.

    You can take the various posters advice - buy a house in Spain, rent it out, buy a graveyard abroad and tell Revenue that you are now domiciled elsewhere and never have to pay tax again in Ireland or anywhere else. Result = profit. lol

    Do what you like.



  • Posts: 0 [Deleted User]


    The tax understanding and advice in here is appalling. Look at the post above yours, "write the tax off against the mortgage ". He must run the gas off the electricity and the electricity off the gas. Somebody else said you don't get mortgage interest relief on a non PPR.

    Best to just ignore all these "experts".



  • Registered Users, Registered Users 2 Posts: 71,184 ✭✭✭✭L1011


    Donald Trump and DFB-D threadbanned.



  • Registered Users, Registered Users 2 Posts: 3,714 ✭✭✭HBC08


    It was a question on my behalf,ie I don't know the answer.

    Not advise,certainly not an expert,not sure where you got that from.Perhaps you could give an opinion or an answer instead of being a pr1ck?



  • Registered Users, Registered Users 2 Posts: 843 ✭✭✭eoinbn


    Sorry, but this just financial illiteracy and is something that drove the Celtic tiger nonsense. I see it from so many landlords on this board.

    The function of rent isn't to pay the mortgage, it's to cover the expenses. Paying back the principal isn't an expense.

    Deprecation is an expense.

    Interest is an expense.

    Property tax is an expense.

    After all that is done you want a small return on investment.

    Don't believe me? Take a very simple example.

    House worth 100k. Interest of 5% over 10 years. Interest repayments of 27k. Assume house prices are static.

    Rental income of 500 a month, 250 after tax. That is 30k rental income over 10 years.

    Sell the property at the end of the 10 years for 100k and you have made a profit of 3k. This ignores fees, property taxes, repairs etc but it should illustrate the point that paying back the principal isn't the function of rent. Rent should be LESS than the mortgage repayments but it's the opposite in our market which highlights how screwed up the rental market is.



  • Registered Users, Registered Users 2 Posts: 1,283 ✭✭✭The Student


    Depreciation is only an expense for business accounts not for an individual landlord.

    The function of rent is to charge what the market will bear. It has no relevance to how much a mortgage payment is.

    I do agree the market is not functioning as a market. You can't force a market to act in a particular way, the market changes as the environment changes.



  • Registered Users, Registered Users 2 Posts: 1,000 ✭✭✭suave.4u


    Thank you Casati.

    Looks like the thread took a wrong turn, I am not planning to invest anywhere abroad.

    As someone said, I might get the same rent for a property that is 100K less, so dropped this one.



  • Registered Users, Registered Users 2 Posts: 491 ✭✭SwimClub


    There is no law that the rent should be less than any mortgage payment, the function of rent is to pay the expenses and provide a long term yield for the capital tied up in the investment.

    Even if the rent is the same as the mortgage, net of expenses, mortgage interest and income tax - the remaining income (that goes into increased equity in the property that is subject to house price risk) is likely to be a low yield on the amount invested.

    This is why so many landlords are getting out, it isn't that they are financially illiterate. Quite the opposite, low yield+high risk investments just are not that popular for some reason.

    Some of the risks:

    • tenant stops paying rent for 3 years and challenges eviction in every court in the land, costing property owner 90k in lost rent and legal fees is a massive risk (as per recent case in the Irish Times).
    • Irish property price risk is significant based on historical variation, although regulation has changed and may have reduced this somewhat.
    • Political risk of a ban on on-fault evictions forcing sales with tenants in situe, impacting massively on property values.

    And we have various experts on here complaining about 'free lunches'......



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  • Registered Users, Registered Users 2 Posts: 491 ✭✭SwimClub


    Don't forget risk free bond yields are now up to 2.5-3% and the inflation adjusted growth in Irish property prices over the last 15 years is significantly negative.



  • Registered Users, Registered Users 2 Posts: 843 ✭✭✭eoinbn


    A mortgage is not capital(Edit: not quite true. What I meant to say is that it isn't money they sitting in a bank that they want a return on). If a landlord takes out a mortgage then the interest is the cost of mortgage. If a landlord invests their own capital then they can expect a return on that - and one would expect this to be better than bank interest rates otherwise they would of just put the money in the bank.

    However as saving interest rates were basically 0 for 10 years one would of expected rents to be at an all time low but this didn't happen due to the total dis-function of our housing market.

    I agree with some of your points. Landlord should have the power to evict tenants that are taking the ****. Very few would disagree with that.

    Post edited by eoinbn on


  • Registered Users, Registered Users 2 Posts: 1,786 ✭✭✭DownByTheGarden


    They do have the power to evict them. Always have. but that power is as useful as a chocolate teapot. Most have realized now that its easier to get outside the tent and p!ss in than keep the property and be p!ssing out into the wind all the time.

    The last few months I have seen that eaxh anbd every landlord I know who hasnt sold up has now decided to sell up. I dont know of any landlords keeping properties at this point except REITs of course. The straw has fallen. NOTHING is going to prevent all the landlords getting out of dodge at this point, bar more legislation to trap them in a business that is killing them. Its finished. The Turkeys have been voting for Christmas for some time and now its Christmas.



  • Registered Users, Registered Users 2 Posts: 491 ✭✭SwimClub


    Hopefully OP has had enough info to re-think - better to put your money in ETFs, or you can invest in property REITS (if you really want to).

    That way you can get your money back if and when you need it.

    A lot of people liked the idea of owning a property for their kids to use in college etc. but that will soon be off the table the way things are going. Because once you have tenants in it will become their forever home.

    The net result is that your savings subsidise the provision of stable housing for strangers, the property won't be available for your own family.

    Better to leave that provision to the government and REITs that are given huge tax advantages, unless you want to set yourself up as a housing charity.



  • Registered Users, Registered Users 2 Posts: 287 ✭✭dennis72


    Govt is now blaming builders for not getting on with agreed planning wheels are falling off when landlords won't rent and builders won't build.

    They need a new 5-10 year tax incentivized and open to all investors like done several times before to revitalise areas for residential accommodation and bring on supply

    govt needs to listen to those in the business, lefties lobbying increased funding for universities won at the expense of vocational colleges for apprenticeships traning so we have no plumbers or sparks great.

    So hold you may get an opportunity yet.

    Ires share price down 36% in the past year.

    Post edited by dennis72 on


  • Registered Users, Registered Users 2 Posts: 19,585 ✭✭✭✭Bass Reeves


    There has never been a real comparison between the investment in a REIT and an owner investment property.

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 22,799 ✭✭✭✭Akrasia


    Only the interest on the mortgage is tax deductible



  • Registered Users, Registered Users 2 Posts: 8,656 ✭✭✭lawrencesummers


    Im a landlord and im staying.

    I can say without fear of contradiction that I have picked, treated and been treated very fairly by all my tenants over 15 years.

    Ive never charged top dollar and always made repairs and replacements in a timley manner. If you make tenants pay unaffordable rent then your only lucky when they agree to move out, so charge high rent at your peril.

    I know when the time is right to sell and thats not in the next 5 years and probably not even 15 years that I will not be making a profit on this, i only come out of it with the price i paid first day when CGT and fees are taken into account, the current rents go on mortgage repayments with very very little left over and ive been coming up with what i owe revenue myself, and its all above board tax wise.

    If I sold and sat down and looked at the investment from day 1 to now i would have money, but i would have lost money overall.



  • Registered Users, Registered Users 2 Posts: 3,714 ✭✭✭HBC08


    Ah OK,thanks for the reply.

    It really doesn't make sense for any normal Joe soap to aspire to buying a second house.



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  • Registered Users, Registered Users 2 Posts: 8,656 ✭✭✭lawrencesummers


    No unless you can forsee a massive jump in property prices so that the value of your asset will increase greatly. There are no indicators of this happening, and if the governments plans for construction numbers come true (unlikely) it makes it leas likely. there does appear to be slight consistent increases over the last few years but nothing remarkable.



  • Registered Users, Registered Users 2 Posts: 491 ✭✭SwimClub


    It sounds like you are not in it for the money because it isn't making any, is it not better to sell rather than dealing with tenants and paying revenue every year and paying a mortgage?



  • Registered Users, Registered Users 2 Posts: 8,656 ✭✭✭lawrencesummers


    I can cover the costs to revenue, if i couldn't I would sell and ive never had a problem with a tenant that wasn't easily resolved.

    Its more about being comfortable at a later stage in life, being able to help my kids get a foot on the property ladder and eventually having an asset that is debt free.

    Its about having options, I could sell one place once it clears the family home as well, or decide to keep it.

    Its a long long term investment that might not yield anything until the later stages of life and im ok with that.



  • Registered Users, Registered Users 2 Posts: 491 ✭✭SwimClub


    Helping the kids get on the property ladder might be blocked by regulations in the near future as it involves evicting your tenants, in fact you might be helping your tenants kids get onto the property ladder because they could take over from your tenants long after your original tenants move out, that type of thing happens in rent controlled apartments in New York.

    Maybe it's less risky if you aren't in an RPZ.

    I'm in a similar boat and would like to stay in but these are the reasons I'm getting out, plus the risk of non-paying tenants and also if they make evictions for sale illegal it would seriously impact the property value when you sell.



  • Registered Users, Registered Users 2 Posts: 8,656 ✭✭✭lawrencesummers


    A lot of if’s buts and maybes in that. I understand what your saying but tbh im not worried about any of that.

    What your suggesting is drastic, and very difficult to implement, I reckon the next interference by the gov will be to allow additional deductions in some form if tenants are given a multi year lease.



  • Registered Users, Registered Users 2 Posts: 7,202 ✭✭✭amacca


    Agreed

    And I think the free lunch brigade are some pack of cretins too

    They seem to be able to grasp small details but not the bigger picture

    It's like they were all signed up to an entry level PLC on investment delivered by a part qualified accountant that needed the money and now accept the doctrine as the one truth and only truth (you know what they say about a little knowledge)....and regardless of any real world phenomena that might run contrary to the narrative are determined they are right.



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  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    True ,REITs don’t track the on the ground market at all, the Irish residential REIT IRES has been a dreadful investment since being launched around 2014 , it’s fallen hugely in value in the past year for the simple reason pension funds etc will choose government bonds paying 4% over REITs every time



  • Registered Users, Registered Users 2 Posts: 19,585 ✭✭✭✭Bass Reeves


    It's a bit more complicated than that. REIT's costs are horrendous compared to a hands on owner who may be able to complete some maintenance jobs themselves.

    As well you have no management charges that a REIT will have. Finally you are working with a leveraged asset. Over the last 50 years property would have exceeded interest rates and inflation. However you have to factor in that rented property will be in poor condition usually after a number of years being rented

    Slava Ukrainii



  • Registered Users, Registered Users 2 Posts: 13,503 ✭✭✭✭Mad_maxx


    None of that explains the fact that IRES was 1.75 a year ago and is circa 1.12 as of yesterday, it gets thrown out with the rest of the stock market but more importantly in a rising rate environment, it can’t compete with risk free government debt



  • Registered Users, Registered Users 2 Posts: 1,032 ✭✭✭Gorteen


    If I bought a second property and allowed my (adult) daughter to live there rent free, is there any tax obligation for either myself or my daughter?



  • Registered Users, Registered Users 2 Posts: 1,371 ✭✭✭herbalplants


    I am not a tax expert! But the below is an example of gifting.

    The most obvious one, which still quite a few people don’t seem to avail of fully, is the Small Gift Exemption. If you are a couple, you can give up to €3,000 EACH, to anyone, every year, with zero tax issues for you or them! ANYONE! Sticking to the topic, a couple can gift up to €6,000 every year to each child. But importantly, they can also do so to each child-in-law, partner, grandchild, etc. Taking an example; you have say 3 kids and 3 sons/daughters-in-law, and 5 grandchildren. In that scenario, as a couple, you could potentially be gifting €66,000 per year to them in total. To really spell this out, over the course of the next 15 years, you could pass on just short of €1m totally tax free! If that sum were instead subjected to CAT of 33%, you’ve just saved an unnecessary €330,000 tax bill.

    Remember the shills only get paid when you react to them.



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