HutzLionel
Registered User
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Hi
Non Irish resident, but Irish Domicile and Ordinarily resident(for 3 years anyhow).
Now living and working in a country called Hyrule(for this purpose, the country is irrelevant)
From Ireland Revenue's website:
"
Foreign property sold through a foreign company
You will have to pay Irish CGT when your foreign company sells your foreign property if:
A company is a legal entity. It owns and sells it's own property, how can it sell 'your' property. Estate agent etc is not the issue because you never transfered ownership rights to EA's company(and you are now into arms length transaction territory.) These are not the issue.
From revenue's POV, am I right in saying that they have this legislation for the following scenario:
You move to Hyrule, you spot a house on a hill for 500k rupees and you think it's worth a million. You set up a Hyrule company in which you own all the shares, are the MD, and it's only employee(i.e a Close Company). You buy the house through your new Hyrule company, sell it for a million, you are then liable for Irish Capital Gains tax on 500k(Ignore DTT.)
Now, different scenario. You set up a Hyrule software company called MadeupName LLC that allows architects to meet and discuss projects on your website using your software called Monty. The software started and was developed 100% in Hyrule. You were never an Irish tax resident for a moment in the life of Monty. You live and work in Hyrule. In fact during the year, you never set foot in Ireland.
A big Architect company comes in and says they want to buy all the rights to Monty and pays MadeupName LLC 1 million for it. Am I liable to Irish CGT on the 1 million? Even if I let the million sit in MadeupName LLC corporate bank account.
Non Irish resident, but Irish Domicile and Ordinarily resident(for 3 years anyhow).
Now living and working in a country called Hyrule(for this purpose, the country is irrelevant)
From Ireland Revenue's website:
"
Foreign property sold through a foreign company
You will have to pay Irish CGT when your foreign company sells your foreign property if:
- You are a participator in the company. A participator is someone entitled to a share or interest in the capital or income of the company.
- and
- The foreign company would be considered a close company if it was resident in Ireland. Under Irish law, a close company is one controlled by five or fewer participators.
A company is a legal entity. It owns and sells it's own property, how can it sell 'your' property. Estate agent etc is not the issue because you never transfered ownership rights to EA's company(and you are now into arms length transaction territory.) These are not the issue.
From revenue's POV, am I right in saying that they have this legislation for the following scenario:
You move to Hyrule, you spot a house on a hill for 500k rupees and you think it's worth a million. You set up a Hyrule company in which you own all the shares, are the MD, and it's only employee(i.e a Close Company). You buy the house through your new Hyrule company, sell it for a million, you are then liable for Irish Capital Gains tax on 500k(Ignore DTT.)
Now, different scenario. You set up a Hyrule software company called MadeupName LLC that allows architects to meet and discuss projects on your website using your software called Monty. The software started and was developed 100% in Hyrule. You were never an Irish tax resident for a moment in the life of Monty. You live and work in Hyrule. In fact during the year, you never set foot in Ireland.
A big Architect company comes in and says they want to buy all the rights to Monty and pays MadeupName LLC 1 million for it. Am I liable to Irish CGT on the 1 million? Even if I let the million sit in MadeupName LLC corporate bank account.
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