What Does Domiciled in Ireland Mean?

What does domiciled in Ireland really mean? What taxes does a person domiciled in Ireland have to pay? Am I a resident, ordinary resident or domiciled in Ireland? From domicile levy to taxes based on income on salary, sales, property and so on, you might be surprised to learn that there are many other taxes that you must pay depending on your situation.

AM I RESIDENT, ORDINARY RESIDENT OR DOMICILED IN IRELAND?

Resident:

A resident is someone who is physically present in Ireland for a set period of time. To be taxed as resident you will either have to be:

• In Ireland for 183 days of a single tax year, or

• Have been present in Ireland for 280 days over 2 tax years (and been in Ireland for at 30 days of the second tax year)

If you spend any part of a single day in Ireland you are considered to be present. The actual amount of time (hours, minutes, etc) is irrelevant.

Ordinary Resident:

Those who stay in Ireland for three consecutive tax years become an ordinary resident in the fourth year. Even if you leave the country, you will still enjoy your status as an ordinary resident until you become a nonresident in the next 3 years.

Domiciled:

A domicile is someone who by his or her actions regards a place as their natural home. While being domiciled in Ireland is commonplace, the terminology is slightly unusual as it is not defined in Irish tax legislation.

Changing you domicile will more often than not mean losing your domicile of origin (the place you were born). Abandoning a domicile of origin and replacing it with a domicile of choice can be a complex process and you will need to prove that all ties have been severed. You should also be aware that it is not possible to have two domiciles at the same time.

Taxes You Have to Pay When You Are Domiciled in Ireland

If you’re currently living in Ireland and you intend to stay here on a permanent basis, and you have no intention of going back to your home country, you’re not an ordinary resident but domiciled. Even if you go out of the country to do business or run personal errands from time to time, as long as you have no intention to make any other country your permanent home, Ireland is still your domicile.

As an individual domiciled in Ireland, you may have to pay the following taxes, depending on your situation: 

1. Irish income tax on Irish-source income, and on other foreign income remitted into the country

2. Domicile levy

3. Pay Related Social Insurance (PRSI)

4. Taxes on Consumption

5. Capital gains tax

6. Stamp duties

7. Capital acquisitions tax (CAT)

What is included in the income tax?

• Worldwide income: As a rule, if you are a resident and a domicile, you will pay taxes on your worldwide income. You have to pay for the total income you earn from all parts of the world during a tax year. But it has exceptions, such as relevant double taxation agreement between Ireland and a foreign country.

• Irish-source income: It applies to nonresidents who only have to pay taxes on their Irish-source income.

Are Irish residents that are not domiciled in the country taxed for their foreign income?

Even if you are a resident of Ireland, but if this country is not your domicile, you have to pay the following taxes:

• Irish income tax on Irish-source income

• Income earned from foreign employers, while working in Ireland. For example, if you are working from home, and your client is in the United States, you still have to pay taxes for the income that you received from your foreign-employment. If you receive any foreign income remitted to Ireland, from another country, you will have to pay for its tax as well.

What is Domicile Levy?

As of January 1, 2010, the Revenue implements domicile levy which applies to Irish domiciled people. However, those who are aged 65 years or older are exempted from income taxes when their income is €18,000, for single taxpayers; and €36,000 for a married couple.

You have to pay domicile levy when you meet the following conditions:

1)    Your total income (including your earnings from all other countries) is more than €1,000,000.

Total income is the gross income from all your income sources less the expenses and other deductions. It includes deposit interest or dividend income. The tax due depends on your personal situations. For example, someone with no dependents has a different tax bracket than someone who is married with children.

Income taxes generally mean individual income taxes, paid to people who earn income from employment. But companies, partnerships, trusts, and the likes also pay taxes on income earned.

2)    You have to pay the income tax on all of your earnings for the tax year (January 1 to December 31). Your earnings can come from your wages, salaries, profits or gains, and other sources.

3)    The property you own in Ireland has an assessed value of more than €5m.

Property income has tax implications because it means you are receiving profit or income from the property you own. It includes rent, interest from financial assets, and profit.

4)    Your Irish-source income for the tax year was less than € 200,000.

You should pay the domicile levy, amounting to €200,000, on or before October 31, ten months after the valuation date, 31st of December of each year.

How would I know if I should pay the domicile levy?

Ireland uses the self-assessment system on Income Tax. Under self-assessment, or Pay and File, you have to compute your taxes due and pay not only your balance for the previous year but also the preliminary tax for the current year.

What are the instances when I don’t have to register for self-assessment?

1. You rely on PAYE income

Those with PAYE income such as employees and pensioners don’t have to register because their employers already calculate the tax each payday based on the notification from the revenue with regards to the tax credit and band applicable to the employee. The employer withholds the balance due and pay it over to the Revenue Commissioners.

2. Your taxable non-PAYE income is €5000 and below.

Your gross non-PAYE earning must also be €30000 or less.

However, if you are self-employed and you rely on the sources of income listed below, you should register for self-assessment.

• Foreign income

• Investments

• Rents

• Maintenance payments from separation, divorce or dissolution of your civil partnership

• PAYE-exempted fees

What is pay related social insurance?

Employees pay the Pay Related Social Insurance (PRSI) by way of deductions that their employers make on their earning every week. If you resign or retire from work, or you are self-employed, you can make voluntary contributions to PRSI.

When you pay the PRSI< you are actually paying for your Social insurance contributions which qualify you to receive many social welfare benefits which include the following:

• Illness Benefit

• Jobseeker’s Allowance

• Jobseeker’s Benefit

• Pre-Retirement Allowance

If your employer is not deducting or remitting your PRSI contributions to the Revenue, they may have to repay the Department of Employment Affairs and Social Protection for the social welfare benefits you receive.

How much is your PRSI deduction?

Your employer divides your gross pay by the number of contribution weeks you have at work, and the result is your PRSI rate.  However, if your earnings are below €38 and not above €352 you are exempted from paying PRSI.

What is consumption tax?

Whenever you buy something, you are paying taxes already. Consumers pay a higher amount for certain goods or service because of the consumption taxes added into it.

The following are examples of consumption taxes:

• excise tax

• gross business receipts tax

• import duties

• retail sales tax

• use tax

• value-added tax

What is capital gains tax in Ireland?

When you sell an asset, the Revenue puts a levy on the profit you earned-which is computed by getting the difference between your asset’s sale price and its purchase price. Depending on your tax bracket,

As of 2012, the rate of the Capital Gains tax is 33%, except for some gains, such as foreign insurance and investment products which are 40% of the gains.

Should I pay stamp duties

You will only pay for stamp duties on the written documents that transfer land and buildings in the country. These instruments are Deeds of Conveyance’ or ‘Deeds of Transfer’.

You may also have to pay stamp duty on the following documents:

• Lease of land and buildings

• Stock Transfer forms

• Transfer property as a gift

• Certain written agreements or contracts to lease, transfer property or to do something in Ireland, regardless of where you executed the documents.

Additionally, if you are a cardholder, you may have to pay stamp duties on your ATM card, credit card and debit card. Stamp duty is also chargeable on levies for insurance premiums, pensions, checks and other financial instruments.

When should I pay for Capital Acquisition Tax?

You may have to pay Capital Acquisition Tax at a current rate of 33% when you receive gifts and inheritances, such as the following items:

• stocks and shares

• car

• cash

• house

• interest-free loan

• jewelry

• lands

• You may also have to pay CAT when you receive a life interest or the right to stay in a property for free, or for less than its worth.

What Lalor & Company can do for you?

As a person domiciled in Ireland it is crucial to understand your tax responsibilities. If you want to know more about the tax implications of your status please get in touch. Lalor and company are leading tax accountants ireland.

We also offer a free initial consultation.

Contact info@laloraccountants.ie or 0404 68126 for more details.