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residency criteria and self employment

  • 03-03-2007 9:06pm
    #1
    lola_run
    Closed Accounts Posts: 311 ✭✭


    I work over the Internet (I receive and send texts). While I am registered as self-employed in Ireland, I spend a fair bit of time in another EU country, where I have a secondary residence (rented). Needless to say, this is all legal.

    According to a file from the Revenue Office in their booklet entitled:
    “Coming to Ireland – Tax and Social Insurance”

    heading: Requirements for Residence Status
    you are resident in Ireland:
    “If you spend 183 days or more in Ireland for any purpose in that tax year.”

    “It does not matter if you come and go several times during that tax year or if you are here continuously. A count is made of the total number of days you spend in Ireland for any purpose in each tax year.”

    Electing to be resident

    “Even if you have not spent the required total number of days in Ireland, you can, if you wish, elect to be resident for that tax year. A condition of making an election is that you must establish to the satisfaction of your local tax office that you will be resident here in the following tax year for the required number of days, under either of the tests."

    These laws seem too lenient to be true. As my work activity apparently makes it difficult for the government to track me down, and therefore check whether I am actually physically present in Ireland half of the year (I use only Internet for my work, rarely the phone), if one year I happen to spend more time in the country of my secondary residence, is there a way for the Irish government to know about my exact wherabouts. And if so, how would they go about this?

    I’d be grateful to hear from anyone in similar circumstances.


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