[nox001]

Originally Posted by ardmacha

VRT doesn't have to be paid, you are only arguing about the principle and €20 for the number plates.

But she wouldnt get the VRT exemption. All people think off when talking about the exemption is proving they lived outside Ireland, but having gone through it they are equally as interested in proof that you are going to be moving back to Ireland. I had to show my p45 from the UK and my contract for the job I was starting in Ireland as proof I was moving back here.

The op's wife cannot satisfy this condition and therefore imo is definitely not liable for VRT.

Even without the above example the woman is living outside the state, working outside the state, paying taxes outside the state and visits Ireland for a day or two per week. Anyone thinking the above means she is a resident of the state is deluded.

Also OP, if she doesn't already have one tell her to get a UK licence. Its easy to change over and with a UK licence and up to date UK tax it will get her through 99% of checkpoints.

[afishyfish]

Originally Posted by trackcar

VRT Manual section 2 (Relief & Exemptions)

.

2.2.3.4 Persons employed Outside the State but who return Home at Weekends

48
Vehicle Registration Tax

The exemption granted here differs from that granted in all other areas of temporary exemption in that it is granted on a concessionary basis only and is not supported by legislation. Notwithstanding, a person falling into this category may bring into, and use in, the State a qualifying vehicle49 provided:

�� the person concerned spends at least four nights per week outside the State on business (occupational ties);
�� his/her personal ties remain within the State at all times;

Application for exemption should be addressed to the HEO at the SCD office nearest to where the applicant resides in the State50. In considering the application the HEO should ensure that the applicant and the vehicle meet the specified eligibility criteria and that satisfactory supporting documentation is produced. S/he should also advise the relevant SCD of the application details, whether granted or not. Where approval is granted a copy of the letter of approval should be sent to the VRT Exemptions Section.

Thanks Trackcar. I'm following up on this. Have the letter of appeal written already.

[Sean O]

Do you have children?
When did you get married?
When did she start her employment in NI?
What is your tax credit situation regarding marriage?
How often would she travel to the family home?

[afishyfish]

Do you have children? No
When did you get married? 2009
When did she start her employment in NI? 2004/2005
What is your tax credit situation regarding marriage? I am not currently employed. I don't believe tax creditrs come into the equation.
How often would she travel to the family home? By family home I assume you mean Dublin. 2/3 nights per week.

[Sean O]

Originally Posted by afishyfish

Do you have children? No
When did you get married? 2009
When did she start her employment in NI? 2004/2005
What is your tax credit situation regarding marriage? I am not currently employed. I don't believe tax creditrs come into the equation.
How often would she travel to the family home? By family home I assume you mean Dublin. 2/3 nights per week.

It would appear that the Customs and the staff in Santry Vehicle Registration Office are 100% correct in their actions. As a State resident your wife is not permitted to drive a non State registered vehicle under any circumstances. Your wife might be entitled to an exemption from paying VRT under the Transfer of Residence provisions if she fulfils the qualifying criteria. She needs to complete a C&E 1077 and produce the necessary supporting documents to the VRO in Santry if she is resident in north Dublin, or Tallaght if she is resident in south Dublin. The form C&E 1077 can be downloaded from the Revenue website at Revenue.ie.

[peasant]

Originally Posted by Sean O

As a State resident

I still fail to see/understand how visiting the Republic 2-3 nights a week could make a citizen of another country who works, lives, pays taxes and was born in said country into a "resident" in the Republic.

I further fail to understand why the authorities of said foreign country should be ok with suddenly being deprived of the car tax for a car that spends the majority of time in their country just because some other country insists on registering it there.

[Shane732]

Originally Posted by ardmacha

Marriage comes with certain rights e.g. pooled taxation and certain obligations. You are assumed to have a marital home and this is your normal residence for this kind of thing. Any customs official will reasonably assume that a married couple, not separated, have a main residence of some sort where they spend weekends, Christmas etc. If she had simply not said that she was married but just spending the week in Dublin there would not have a problem at all.

I think calling them narrow minded is unreasonable, as they have to apply the legislation. If your martial residence is in NI, then you should both drive a NI car, if this is the ROI then you must both drive a ROI car. The other relevant matter is when she moved to Tyrone i.e. after your marriage, or if she always lived there.




Since there is no VRT in NI and so no revenue to be gained they wouldn't bother. Even if they did take an interest the rules are the same, it is not the time so much as your normal residence.

Sorry but what??

If the martial residence is in NI then I don't have to pay Irish VRT sweet!!! So I marry a Northern Irish women (I love the accents anyway so I'm sorted!) and we have our martial home in the North and I'll never have to pay VRT???

yawn.....

[Gophur]

Originally Posted by Sean O

It would appear that the Customs and the staff in Santry Vehicle Registration Office are 100% correct in their actions. As a State resident your wife is not permitted to drive a non State registered vehicle under any circumstances. ................

I would respectfully suggest you check the definition of resident before offering such false advice.

To be resident one must spend 183 days in the State over a 365 day period. 2-3 days per week does not equal 183 days in any year.

The lady in question is a resident of N Ireland and not the Republic.

Unfortunately, for her, she has some bureaucratic nonsense to prove this, (all the while the country is littered with obvious non-compliance of the same rule.)

[bog master]

Originally Posted by afishyfish

Do you have children? No
When did you get married? 2009
When did she start her employment in NI? 2004/2005
What is your tax credit situation regarding marriage? I am not currently employed. I don't believe tax creditrs come into the equation.
How often would she travel to the family home? By family home I assume you mean Dublin. 2/3 nights per week.

Bit confused here afishyfish! In your opening post you say the following:


"Hey all,
I was hoping to get some advice.
My wife and I live seperately. I live in Dublin and she lives in Tyrone. We're not seperated but she works there and I work here. It's not ideal but we can't afford for either of us to give up our jobs. They're not easy to come by these days."

And in the above reply, you say you are not working?

[nox001]

Originally Posted by Sean O

It would appear that the Customs and the staff in Santry Vehicle Registration Office are 100% correct in their actions. As a State resident your wife is not permitted to drive a non State registered vehicle under any circumstances. Your wife might be entitled to an exemption from paying VRT under the Transfer of Residence provisions if she fulfils the qualifying criteria. She needs to complete a C&E 1077 and produce the necessary supporting documents to the VRO in Santry if she is resident in north Dublin, or Tallaght if she is resident in south Dublin. The form C&E 1077 can be downloaded from the Revenue website at Revenue.ie.

If you read my post above you will see that she does not qualify for a transfer of residence as she is working and paying tax in NI. You must be moving to permeability live and work in the state.

If she does not qualify for a transfer of residence she is obviously non-resident so she does not have to pay VRT.

Also who is to say the marital home is the Dublin residence and not the NI one and as peasant pointed out what do you suggest she tells the NI authorities when they ask her why she is driving an Irish registered car in NI while she is living there.

Anyone trying to say she has to pay VRT is not actually thinking about the situation atall imo.

There are people in much less clear cut situations than the op's wife easily availing of the resident <185 days rule to avoid paying vrt.

[Yawns]

he's porb working a bit on the side or w/e

His job doesn't matter either way.

His wife was born and still lives in NI full time. End of story. No VRT to pay. If someone you knew came over to visit it you from England for a few weekends a year should they suddenly start paying VRT and taxing their cars over here?

His wife comes down from the North on weekends. She spends 4 to 5 nights a week in her own home in the North. All she needs is to prove she works and lives in the North. Letter from employer and landlord will be enough. A UK licence would also get you through the checkpoints. Bring the letters to the VRO and speak to a supervisor and inform them.

[Tea 1000]

Why not arrange it so that the family home is in Tyrone? You just own a house in Dublin to facilitate your work. Show letters addressed to both of ye in the North. Has she a UK license? Is the car taxed in NI?
Ye could say the Dublin home is a holiday home.

[ardmacha]

I would respectfully suggest you check the definition of resident before offering such false advice.

Good point.

To be resident one must spend 183 days in the State over a 365 day period. 2-3 days per week does not equal 183 days in any year.

Then you go on to offer incomplete advice. You might spend 200 days out of the State but still be normally resident here.

If someone you knew came over to visit it you from England for a few weekends a year should they suddenly start paying VRT and taxing their cars over here?

No problem at all, unless they marry you. If they do, they simplest thing is not to mention this at checkpoints.

The OP should be successful under the 2.2.3.4 clause above, good luck with that.

[opinion guy]

Originally Posted by peasant

I still fail to see/understand how visiting the Republic 2-3 nights a week could make a citizen of another country who works, lives, pays taxes and was born in said country into a "resident" in the Republic.

I further fail to understand why the authorities of said foreign country should be ok with suddenly being deprived of the car tax for a car that spends the majority of time in their country just because some other country insists on registering it there.

This. Its almost like the VRO are attempting to abduct your wife from her home country. She should report them to the PSNI

[Esel]

Originally Posted by Sean O

..blah blah blah....She needs to complete a C&E 1077 and produce the necessary supporting documents to the VRO in Santry if she is resident in north Dublin, or Tallaght if she is resident in south Dublin.

Which VRO do you 'work' in then?