Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Constitutionality of the 2nd home tax

  • 23-07-2011 10:00PM
    #1
    TheNewMe
    Registered Users, Registered Users 2 Posts: 44 ✭


    If a married couple own 2 houses the state says you must pay a tax on one of them but if the same couple is unmarried and says that each house is the primary residence of one of them then no tax is payable.

    IIRC wasn't there an SC decision back in the 70s that said the state couldn't interpret its tax law in a way that disadvantages married vs unmarried couples ?

    If this is correct then what is there to stop any married couple with two houses to say each one has their own primary residence in order to get the same tax treatment as their unmarried counterparts ? Maybe they spend 6 months in each house for example.

    Can the state require married people to fill out timesheets to say how often they spend together in a given residence :D


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    The co-habiting non-marital couple who fail to declare the property at which they are not residing would be committing an offence.


  • #3
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    dermot_sheehan wrote: »
    The co-habiting non-marital couple who fail to declare the property at which they are not residing would be committing an offence.

    How would co-habiting be defined in this instance?


  • #4
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    Seanbeag1 wrote: »
    How would co-habiting be defined in this instance?

    Section 172 of the Civil Partnership and Certain Rights and Obligations of Co-Habitants Act 2010 is your answer here.


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I guess it's just another example of the hypocrisy of the revenue policies. If Unmarried couples face the same liability asmarried couples they should also get the same benefits.


  • #6
    [Deleted User]
    Posts: 23,339 ✭✭✭✭ [Deleted User]


    TheNewMe wrote: »
    If a married couple own 2 houses the state says you must pay a tax on one of them but if the same couple is unmarried and says that each house is the primary residence of one of them then no tax is payable...................

    How many married couples who are not separated live in separate homes? In all fairness.


  • Advertisement
  • #7
    FreudianSlippers
    Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    I would imagine that it would be arguably as unconstitutional to burden the non-married non-cohabiting couple who each own a property just because they're a "couple"... :D


Advertisement