Determining Domicile and Tax Treaties

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joejohn

Registered User
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Hi there,

I have some questions regarding domicile and tax treaties and I'm hoping members of the forum could offer some insight.

I have lived in Ireland for 2 years now and my only income here is PAYE.

In my home country (New Zealand) I have a pension scheme, savings account and a house, so I believe I Would be deemed NZ domiciled.

However I am a dual citizen. I obtained Irish citizenship through a great grandparent 3 years ago.

Tax returns for the house in NZ have been filed as non resident due to the 180 day rule. Would this automatically make me Ireland domiciled and is there away to declare domicile?

I am looking to sell the house and it would be preferable to retain NZ domicile as there is no capital gains tax.

There is a Ireland NZ tax treaty in place which mentions CGT:

'Income derived by a resident of a contracting state from immovable property situated in the other contracting state may be taxed in the other state.'


'Income or gains derived by a resident of a contracting state from the alienation of imovable property situated in the other contracting state may be taxed in that other state'

I am unsure what this means in relation to my situation?

Any thoughts would be much appreciated!

Thanks in advance.
 
Depending on where your father was born, your domicile of origin is probably NZ and you haven’t lived in Ireland very long and not really taken steps to make Ireland your permanent home by severring all ties with NZ.

Citizenship is not as important as your long term intentions - where do you call home?

I have an Irish driving license and due to Brexit will apply for an Irish passport my kids were born here and go to school here but I still consider the UK to be home.

It’s quite complex but you should be able to achieve a very favorable outcome here with some specialist advice.

Www.globalwealth.ie
 
Citizenship and domicile are different concepts.

Assuming your father was New Zealand domiciled, then your domicile of origin is New Zealand.
 
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It sounds like you are NZ domiciled and that the NZ source income and gains will only be taxable in Ireland if brought into Ireland.
 
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