Remittance Basis - Irish citizens

arasar

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Can anyone explain the meaning of this passage from the Revenue document?

The Remittance Basis of Assessment - Part 05-01-21


5.4. Where an individual’s income qualifies for the remittance basis of assessment, is his or her foreign income, accumulated before he or she became Irish resident for tax purposes but remitted here AFTER he or she became Irish resident, liable to Irish tax?

Strictly, yes, however there is a long-standing Revenue practice to the effect that for individuals moving to Ireland for the first time, or Irish citizens returning to live in Ireland having been non-resident and non-ordinarily resident when the income was earned, funds accumulated from income earned abroad prior to 1 January in the year that the individual becomes Irish resident will not be liable to income tax even if remitted after that date.


1. Why does this document refer to Irish citizens returning? I thought the remittance basis was only for those who are non-Irish domiciled? Does it mean Irish citizens who are non-Irish domiciled?

2. And why does it only refer to Irish citizens returning? What about French citizens or UK citizens returning to live in Ireland?

3. And who exactly does this concession about accumulated pre-residency funds apply to? Can it only be used the first time a non-Irish domiciled person becomes tax resident in Ireland? What if a non-Irish domiciled person becomes tax resident in Ireland a second time or a third time?

4. For example, what if a French national and French domiciled person lives in Ireland for 5 years when they are age 25. They then move to live in France for 30 years. They then return to live in Ireland when they are age 60. They have funds accumulated of 500,000 from income earned in France over the previous 30 years. So will these funds of 500,000 be liable to income tax if they are remitted to Ireland when they are tax resident in Ireland for a second time? Or can this 500,000 be remitted to Ireland tax free?

The wording in this Revenue document seems to be extremely vague

Is it just poorly worded or is it deliberately vague?
 
Aren't the references to Irish citizens about the legal position prior to 2010? I don't think returning non-ordinarily resident Irish citizens benefit from the remittance basis anymore - only non Irish domiciled persons do.
 
So can anyone who understands the Remittance Basis explain any of this?
If this isn't just an academic exercise then you should probably get independent professional advice on if/how the relevant tax regulations apply to the situation you have in mind.
 
Aren't the references to Irish citizens about the legal position prior to 2010? I don't think returning non-ordinarily resident Irish citizens benefit from the remittance basis anymore - only non Irish domiciled persons do.

So why is it still included?

The document was last reviewed in May 2026. If it was no longer relevant should it not have been changed?

The document is completely vague

It makes you wonder if they even look at these documents to ensure that they are clear and relevant
 
If this isn't just an academic exercise then you should probably get independent professional advice on if/how the relevant tax regulations apply to the situation you have in mind.

I have already tried asking several different AI chats and none of them understand this section 5.4

They do not understand the reference to Irish citizens returning to live in Ireland or the reference to non-Irish domiciled individuals moving to Ireland for the first time

Many Irish citizens if not the majority of Irish citizens will be Irish domiciled and so they will not be allowed to use the Remittance Basis

And why do they talk about non-Irish domiciled individuals moving to Ireland "for the first time"? Are these individuals not allowed to remit any accumulated pre-residency funds free of tax if they move to live in Ireland for a second time or a third time?

I suspect that many accountants and professional advisers are also not very sure what this section actually means

Several AI chats also suggested that the Revenue document was completely unclear even after they had reviewed and checked all Irish tax laws regarding the Remittance Basis

A redrafting of the whole document would seem to be a sensible idea
 
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