Where an agent, resident in the State, is appointed by the non-resident landlord to manage the property and the agent is collecting the rents, the rents must be paid gross to the agent. The agent is then chargeable to tax on the rents as Collection Agent for the landlord and is required to submit an annual tax return and account for the tax due under Self Assessment. Leaflet IT10 Guide to Self Assessment* provides more detailed information.
I cannot see why Revenue would ever prosecute you, or impose interest or penalties, since you do declare the rental income and they accept that by confirming it in the Notice of Assessment, and then they receive your payment of tax by the due date.
ubiquitous said:casiopea,
Yes you are breaking the law and you will need to take steps to address the problem.
See [broken link removed]
JamesJamesUK said:This 'unofficial' ruling also appears to cover my situation, so there is no need for me to appoint a Collection Agent either. That is a big relief for me.
James
ubiquitous said:Revenue's approach is now to insist that each non-resident landlord appoints a Collection Agent.
This debate is being over-analysed to death.
casiopea said:I think the Revenue have to take responsibility when it is not clear to law abiding citizens how to implement their requirements.
I'm reviving this old thread as it's the most appropriate one I've found.
I have been submitting returns on Form 11 to revenue and have not hidden my non-resident status from them. They wrote to me to advise that I must either have the tenant deduct the 20% or nominate an agent.
I opted for the latter as I have a trusted family member who is prepared to take this on. Revenue sent them a PPS for this purpose.
Now, my question is this:
Who completes the tax return for the rental income, me or my family member? Do they complete a Form 11 just as if it was my tax return, the only difference being the PPS number and name/signature? Surely it must be similar to this as their own tax affairs should not have anything to do with my rental income?
I've asked Revenue and await a response, but your thoughts are most welcome here.
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