Question on tax domicile

sebydub

Registered User
Messages
2
Hello,

I'm a french national living and working in Dublin many years in the technology sector,
I'm a PAYE employee working for the same company 13 years
and I'm new to the forum.

I have a taxation problem and would like some feedback as I'm not a tax expert.

I was in Canada many years ago and still have a bank account there where I invest money in funds shares etc.
I never declared the account in Ireland since I believe I'm not domiciled in Ireland as it was explained to
me by a irish friend, he told me if I have property in France and want to return there eventually, I'm tax resident
in ireland but not tax domiciled and only pay gains on Irish generated income, and only pay tax if
I remit foreign gains (on my Canadian account) back to Ireland. Can someone tell me if this is true ?

This is my situation

a) Born in France by french parents , french citizen only , not irish
b) I own a house (not rented) in France that me and my wife use it for holiday two or three times a year
c) A few years ago I bought a agriculture land near my house in France so that when me and my wife retire
can move there on a permanent basis and cultivate some land. I recently also bought a barn near the house
d) The fact is that my wife is irish and we own a (mortgaged) house in Dublin as well which we intend to sell when we will eventually move to France

Can I consider myself not-domiciled as my friend thinks also if my wife is Irish and we own a house in Ireland?

If so should I declare the foreign account only if I decide to remit capital back to Ireland ?
Or should it be declared every year even if being not-domiciled I should pay not income or capital gain tax on it ?

I'm very worried that I have to pay many fines in penalties and interest if the revenue office decided that I'm domiciled in
Ireland and I should have declared the accounts and pay the taxes before for many years, I fear I will get bankrupt.

What's your view on this ?

Thanks you so much for your feedback

Sebastien
 
On the basis of your post I think that you are domiciled in France.

Non domiciled people qualify for the remittance basis of taxation.

See section 2.4 and 4 [broken link removed]
 
Thanks Joe,

This is indeed a very helpful and complete document.
Thanks for the link

Sebastien
 
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