Tax on UK Property

O

OBrien

Guest
Hello, I wonder if anyone can help me with this situation –

I returned to Ireland in 1994 having lived and worked in London for 6 years. I had bought a flat there which was my main residence until I left. Hard as it is to believe in Ireland today, the flat was well into negative equity when I came back, and having taken out a 100% mortgage, I held onto it and rented it.

That was then, but now I still own it and am considering selling it. Over the past 11 years, it has been let most of the time. However, when all expenses, etc, are taken into account, I have not profited from rental income. In fact, with upkeep and associated legal and agents expenses. outgoings have been more than the income received. I have made tax returns to UK inland revenue on the income each year without any liability arising.

However, I have never made any declaration to the Irish Revenue Commissioners. I am a PAYE employee and have never made a supplementary return other than my standard P60. I assume though, that on sale of the property I will have a Capital Gains Liability and that this is most likely to arise in Ireland, as I am both domiciled and ordinarily resident here.

The property was bought for stg£65k and will probably sell for c.stg£190k based on estate agents estimates. I imagine I will need to talk to an accountant, but it would be useful to have a general understanding of the position first.

Thanks.
 
You have had a non-paye source of income so technically should have been submitting an income tax return in Ireland.

Are you sure you have no Irish income tax liability bearing in mind that the capital element of your mortgage is not tax deductible and that for a period even the interest was not tax-deductible (during the so-called Bacon Restrictions)?

As i understand it you will not have to pay UK CGT on the sale of the property as they do not tax non-residents on capital gains. However you will have Irish CGT at 20%.
 
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