non resident Landlord uk citizen living in Thailand

beaufoy

In 2012 I started buying irish property and renting out said property, at said time me and had been married from 2003 to 2010 but we divorced in 2010 but i purchased the properties in joint names and we did seperate tax returns. I was surprised when we were not given tax credits so I contacted revenue ie and they told me "in order to obtain tax credits you will need to obtain returns or letters from Thailand tax authorities to prove you do no work in Thailand"

We found the requested papers impossible to obtain so in order to prove i did no work I asked Thailand police to write out a (blank) criminal record for me stating in the employment section that I had never worked in Thailand, and my wife obtained letters from authorities stating she had not worked in thailand for the past ten years.....revenue ie accepted said evidence of non work and gave us both tax credits

In 2018 we re-married and emigrated to Ireland and did joint returns. In 2020 I reached 65 years and my accountant said I could apply for marginal tax rates and pay less tax on a joint return despite only one of us being 65 years of age.

In 2021 we gave up living in Ireland and returned to Thailand. My accountant said I would not be elidgable for marginal tax or standard tax credits because we had made ourselves non resident. I explained to her that from 2014 to 2018 I was living in Thailand and during said years I was given tax credits...she said revenue ie had made a mistake when they gave me tax credits, and that I should write to revenue ie who she believed would agree with her. I did as requested and revenue ie said that although I had returned to Thailand i would still get all tax credits including marginal credits....can someone give me a third opinion

Peregrinus

SFAIK, if your only source of income is in Ireland, as a citizen of a country that has a tax treaty with Ireland (which the UK does) you will receive Irish tax credits.

However, if you have any non-Irish source of income (not just in Thailand, but anywhere in the world) then you are entitled only to proportionate Irish tax credits. So if, e.g., 30% of your income is Irish-source and 70% is sourced elsewhere, you will get 30% Irish tax credits.

beaufoy

thanks sorted

downtheroad

No tax credits on Case V rental income?

beaufoy

I believe case V is short income that comes from short term rentals. Well most of my properties are student village apts which in theory can be rented out short term during the summer holidays but in practice are usually left empty during the summer.....please give your opinions

There is another point my revenue ie tax return history runs as follows

2013 - 2017 living in thailand not married but my partner was registered as co owner of apts and we did seperate tax returns

2018 still living in thailand but married did a joint tax return

2019- 2020 living in Ireland did joint tax returns

2021 lived in Ireland from jan-nov then moved to Thailand. Submitted a tax return in June 2022 which was a joint tax return

2022 Revenue ie say i have to do seperate returns because we live in Thailand.....this will increase my tax liability because on a joint return we would both qualify for marginal tax ie 36000 allowance, but on seperate returns only myself would qualify for marginal tax

your opinions please

beaufoy

In case you wondering I am 67 years and my wife is 52 years so on seperate returns I qualify for marginal tax and my wife does not