The brevity of this stay may or may not cause issues for your entitlement to PPR exemption, particularly if your reoccupation of the property is for a similarly short period.and lived there for a few months
Was the property rented out while you were abroad?2021 - Bought a new property in Ireland and lived there for a few months while on maternity leave
2022-2025 - Lived abroad again for work
Now I am moving back to Ireland but I want to sell the property to buy closer to my kids school. Will I be able to claim CGT exemption for PPR?
What exactly? Revenue very pretty clear on this (my emphasis):A lot will depend on the wider circumstances.
Full relief and deemed periods of occupation
Relief is given in respect of the gain accruing on the disposal of a dwelling-house (or part of a dwelling-house) which is a person's only or main private residence. Where only part of the dwelling-house qualifies, the gain is apportioned. There is also apportionment to ensure that the relief is restricted to the proportion of the period of ownership during which the dwelling-house was the only or main private residence and for this purpose the dwelling-house is treated as having been so occupied during certain periods of non-residence, including: those periods spent elsewhere in the State or abroad by reason of the duties of an employment
Clear, how?What exactly? Revenue very pretty clear on this (my emphasis):
All of this is irrelevant to topic of CGT.I was paying more in rent while living abroad so I never made a profit on the Irish rental income especially after paying expenses on it (LPT, insurance and 20% income tax). ... None of what I have done with the property is making profit - the rent I gained only covered a portion of my rent abroad and when I sell it I will use the proceeds towards the purchase of another property that will be my PPR.
Since it was rented out outside the rent a room scheme is quite likely that some portion of any resale gain is assessable for CGT. The examples here may help but if in doubt get professional advice.Im not an investor making big profits....hopefully revenue will take this into account?
Restriction if you have not always lived in the property
You can only claim for the time you lived in the property.
...
Why do you think that a portion of any gain in respect of the rental period might not be assessable for CGT?just treat the sale like anyone else selling their PPR and do nothing.
Taxes Consolidation Act 1997 s. 604(5)(b)(i) looks like it may apply — a period of ownership during which the taxpayer resides abroad for employment reasons, on certain conditions, can be treated for CGT purposes as a period during which they occupied the property as their main residence.Why do you think that a portion of any gain in respect of the rental period might not be assessable for CGT?
Bit of a side issue, but worth pointing out that if sombody who is living abroad rents our their home in Ireland, they will necessarily be doing so outside of the rent-a-room scheme. Once of the conditions for that scheme is that the taxpayer should actually occupy the home in which they rent out a romm or rooms as their sole residence. Having it deemed to be their main residence for CGT purposes is not enough.Within the rent a room scheme or not?
AAM neither condones nor facilitates tax evasion.Best not to sweat it, seems you don’t need to claim PPR exemption officially in any case, just treat the sale like anyone else selling their PPR and do nothing. Unlikely Revenue will come asking and if they do, think about it then.
Apologies, I actually missed the rental bit - thought OP was merely concerned about the time they hadn't lived in the property.Why do you think that a portion of any gain in respect of the rental period might not be assessable for CGT?
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