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

Non-Residency question

  • 27-04-2014 2:34pm
    #1
    Registered Users, Registered Users 2 Posts: 12


    Hi All,

    Few questions you might be able to help with. I've being working in the middle east since last year and spent 180days in Ire last year. This year I plan on spending less than 100days in Ire so I'm within the 183day rule for last year and within the 280day rule over 2 years.

    So, What happens in year 3 and so on? Do I start back again with the 183/280day rule over years 3&4?
    If I stay in the North of Ire for a few weeks, Am i classed as being out of Ire(I would assume so)

    Thanks!


Comments

  • Registered Users, Registered Users 2 Posts: 735 ✭✭✭Alan Shore


    SS3 wrote: »
    If I stay in the North of Ire for a few weeks, Am i classed as being out of Ire(I would assume so)

    Thanks!

    North of Ire as in Northern Ireland or North of Ire as in Donegal. One is part of the UK, one is part of the Republic.


  • Registered Users, Registered Users 2 Posts: 12 SS3


    Hi Alan,

    Yes ment Northern Ire, as in UK


  • Registered Users, Registered Users 2 Posts: 1,678 ✭✭✭nompere


    Year 3 is based on either 183 days in year 3, or 280 days between years 2 & 3. Then year 4 is based on either 183 days in year 4 or 280 days between years 3 & 4 - and so on.


  • Registered Users, Registered Users 2 Posts: 12 SS3


    nompere wrote: »
    Year 3 is based on either 183 days in year 3, or 280 days between years 2 & 3. Then year 4 is based on either 183 days in year 4 or 280 days between years 3 & 4 - and so on.

    Cheers for that. As I want to spend the max amount of days in Ire each year, is the following correct.

    Year one 182
    Year two 97
    Year three 182
    Year four 97
    year five 182
    etc...


  • Registered Users, Registered Users 2 Posts: 4,685 ✭✭✭barneystinson


    SS3 wrote: »
    Cheers for that. As I want to spend the max amount of days in Ire each year, is the following correct.

    Year one 182
    Year two 97
    Year three 182
    Year four 97
    year five 182
    etc...

    If you loved Ireland that much you'd pay your taxes here... ;)


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 12 SS3


    Never said I loved it!! If Ire had work for me I'd pay taxes here. I work 6 months abroad so if it means taking a few holidays to save a tax bill then its a no brainer


  • Registered Users, Registered Users 2 Posts: 250 ✭✭AlexisM


    SS3 wrote: »
    Cheers for that. As I want to spend the max amount of days in Ire each year, is the following correct.

    Year one 182
    Year two 97
    Year three 182
    Year four 97
    year five 182
    etc...
    If you would prefer more even years, you could transition to 140 per year - 182, 97, 140, 140, 140, ...
    Also, not sure whether your work is portable/online - but if you spend time in NI, need to make sure you don't do too many days work while you're there or you might fall into the UK tax net.


  • Registered Users, Registered Users 2 Posts: 12 SS3


    cheers for that.

    I work offshore so my rota is generally month on month off. I didnt think you could do the 140/140? I wouldnt be working in the UK and I'd be keeping below the 90day non-resident rule they have. It would just be easier than staying in Spain/France or somewhere if I was out of work for a few weeks/months.


  • Registered Users, Registered Users 2 Posts: 250 ✭✭AlexisM


    SS3 wrote: »
    I didnt think you could do the 140/140?
    No reason why not - it passes both the 183 and the 280 tests. I'm in the processing of moving abroad and the advice I received was that 140/140 is fine.


  • Registered Users, Registered Users 2 Posts: 1,678 ✭✭✭nompere


    AlexisM wrote: »
    No reason why not - it passes both the 183 and the 280 tests. I'm in the processing of moving abroad and the advice I received was that 140/140 is fine.

    Every reason not - a person is resident if he spends 280 days or more over two consecutive years, not more than 280 days. So 140/140 fails the 280 day test.


  • Advertisement
  • Registered Users, Registered Users 2 Posts: 12 SS3


    nompere wrote: »
    Every reason not - a person is resident if he spends 280 days or more over two consecutive years, not more than 280 days. So 140/140 fails the 280 day test.

    Ok so the answer is 140/139 days.

    Anyone able to confirm if I spent time in Northern Ire (UK) does this count as days out of the country of is there some clause that says its not! I only plan on spending a few weeks there so I wont be falling into the UK tax system.


  • Registered Users, Registered Users 2 Posts: 2 Roberto1


    Hi just wondering what proof do you need that you were out of the country or does anyone know how it works


  • Registered Users, Registered Users 2 Posts: 3,588 ✭✭✭2ndcoming


    Travel records etc. may be requested by Revenue to prove non-residence. So the person above who plans on spending time in Ireland / N.Ireland / Middle East would probably be better to have some record of their stay / what they were doing in the North, as the Revenue may look at it as a convenient way of staying in the country without declaring their income otherwise.


  • Registered Users, Registered Users 2 Posts: 2 Roberto1


    Thanks for the quick response .


  • Registered Users, Registered Users 2 Posts: 127 ✭✭SuperO'B


    Hi jacking the thread here but I'm in an identical situation to the OP. I've applied for split year treatment from revenue because it's my first year working in a new position so obviously over this year and last year I'd be well in excess of the 280 days rule. This sound right?

    Also, how in depth of record keeping should I be keeping if revenue request proof of my travel throughout the year? I've been keeping boarding passes and receipts etc but would they look for much more than that or have they some mechanism for tracking your passport movements in and out of the country with the airports? I ask as for one of trips this year my passport was in London getting a visa stamped so I travelled on my driving licence. Would this then show up as well if they simply print out your days each year once they receive a tax return?


  • Registered Users, Registered Users 2 Posts: 250 ✭✭AlexisM


    SuperO'B wrote: »
    how in depth of record keeping should I be keeping if revenue request proof of my travel throughout the year? I've been keeping boarding passes and receipts etc but would they look for much more than that or have they some mechanism for tracking your passport movements in and out of the country with the airports?
    My advice was that the first step is a diary plus boarding passes. If revenue audit you, they might then look for further proof you were abroad - mobile phone usage, utility bills abroad, ATM withdrawals abroad etc.


  • Registered Users, Registered Users 2 Posts: 127 ✭✭SuperO'B


    AlexisM wrote: »
    My advice was that the first step is a diary plus boarding passes. If revenue audit you, they might then look for further proof you were abroad - mobile phone usage, utility bills abroad, ATM withdrawals abroad etc.

    Thanks for the response. I am in a very similar situation to the OP in that I work offshore so I basically spend very little time in the country so i wouldn't have much in the way off ATM withdrawals or too many purchases or phone records etc. I fly in, travel offshore straight away for 28 days and then fly home. I'm just wondering if revenue will simply print out my passport passing through immigration of the airports or something as this would give a more definite reading of my days in and out.


  • Registered Users, Registered Users 2 Posts: 12 SS3


    Form what I've been told its up to you to prove you are out of the country. So therefore keep boarding passes, use your ATM card once you are abroad even for just a small amount which proves you are out of the country. Also you will have a contract / payslips for you work so this will also prove you are out of the country.


  • Registered Users, Registered Users 2 Posts: 250 ✭✭AlexisM


    SuperO'B wrote: »
    Thanks for the response. I am in a very similar situation to the OP in that I work offshore so I basically spend very little time in the country so i wouldn't have much in the way off ATM withdrawals or too many purchases or phone records etc. I fly in, travel offshore straight away for 28 days and then fly home. I'm just wondering if revenue will simply print out my passport passing through immigration of the airports or something as this would give a more definite reading of my days in and out.
    I think in your (relatively unusual) situation, your work contract, payslips and boarding cards would be sufficient - no arguing that you could slip back into the country if you have been paid to be offshore for 28 days...

    The issues for most people trying to use passport stamps as sole proof are that (a) passports are not always stamped - particularly when arriving home (maybe you can ask for a stamp) and (b) being stamped out on the 1st of a month and stamped back on the 28th is no proof that you stayed out the whole 28 days - you could have come back in via Belfast on the 2nd and left via Belfast on the 27th - that's why they may look for proof of actually being/living abroad.


  • Registered Users, Registered Users 2 Posts: 4 BigBraveDog


    Hi All,

    I've a question about non-residency, that I hope someone here can answer.
    I've been working in the middle east for the past 4 years, and sending home my savings to my Irish bank account.
    My question is, do I need to officially notify the Revenue Commission that I am non resident? Or do I just automatically have non-resident status? I've been here 4 years and 2 months now, and only been back to Ireland for a short holiday once per year. I've done a bit of research but cant find out if I need to officially notify them.

    Thanks for any responses.


  • Advertisement
Advertisement