Non-resident landlord. What if tenant does not remit withheld tax?

VulpusVulpus

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I am non-resident, with a rental property in Ireland. RTB registered. Much (approx 80%) of the tenant's rent is paid by HAP, who withhold and remit tax at 20%. As for the tenant's part of the rent, since I am non-resident, either I should have an agent who collects the rent on my behalf and remits 20% to Revenue, or the tenant is supposed to withhold the tax and declare and remit it to Revenue. This is documented here https://www.revenue.ie/en/property/rental-income/non-resident-landlords/index.aspx

The tenant pays their rent to me directly and I pay tax to Revenue after making my annual tax declaration. This has been the case for a long time. In fact, since the rent is relatively low due to being in an RPZ, after costs I usually don't have much extra tax to pay on top of what HAP has withheld. If I DID have an agent withholding tax or the tenant did likewise, I would be overpaid every year and have to claim it back.

My accountant has suggested not to worry about it, I pay my tax, and that's that. That seems to be echoed in some related posts here - Revenue don't chase this - see below.

MY QUESTION IS: What would happen if I asked the tenant to withhold the tax, but they did not do the relevant declarations to Revenue and did not remit the 20%. They are a bit of a chancer, so I see a likliehood of this. Would that leave me with a problem claiming back the theoretically overpaid tax?


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Other threads on this topic but they don't answer this question directly.
 
https://www.oireachtas.ie/en/debates/question/2023-07-11/212/
The Deputy has asked what happens when a tenant of a non-resident landlord pays 80% of the rent to the non-resident landlord but fails to remit the 20% to Revenue. The tenant is liable for the withholding tax and the assessment, charging, collection and recovery provisions of the Taxes Consolidation Act 1997 (TCA) can be applied in the event of non-payment.
 
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