CGT on shares for non-resident

P

paulie78

Registered User
Messages
5
Hi All,

I have been a non-resident of Ireland for the past 7 years.
I have over more than 10 years been accumulating shares in my company through my companies Share Purchase Plan, both while i was an employee in Ireland, and also for the same company while working abroad.

I recently sold 70% of the shares i hold, the broker remitted the funds to my Irish bank account.

Am i liable for CGT in Ireland considering the above?

Thanks in advance
 
Gift and inheritance tax is not relevant - the OP sold his shares

The liability to CGT will depend on the double taxation treaty, if any, between Ireland and your country of residence. Without further information on this, it is impossible to give any advice on possible CGT liabilities
 
Thanks, based on the below i guess not.. My company is a multinational software company, shares are publicly traded.

If you are non-resident in Ireland, you pay CGT on gains on the disposal of:
  • land, buildings and minerals in Ireland
  • exploration or exploitation rights in the Irish continental shelf
  • unquoted shares deriving the greater part of their value from:
    • land, buildings or minerals in Ireland
    • exploitation rights in the Irish continental shelf
    • assets which are used for the purpose of a trade carried on in Ireland.
Then maybe my question should be, as a non-resident, non-ordinarily resident, but domiciled in Ireland, and i have moneys remitted to Irish bank account, from the sale of above stocks have i any tax liability. My understanding is that the answer is not, but i may have missed something?
 
Also to jpd, I am based in China. Ireland and China have a double taxation agreement i do believe.
 
Extract from Double Taxation between Ireland and Republic of China - you don't say where you live in China, so ...

You can read the whole thing here [broken link removed]

 
Thanks, i live in Shanghai.

I don't think point 4 applies, therefore my take on this is that i am only liable to CGT in my country of residence i.e China.
Anyway not being a tax accountant , ultimately i think i need professional tax advise
 
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