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If I live more than half the year in a European country (Ireland)

Resolved Question:

If I live more than half the year in a European country (Ireland) but the vast majority of my income which consists of an occupational pension and a state pension comes from the UK, do I pay my tax in the UK or the European country
Submitted: 1 year ago.
Category: Tax
Expert:  TonyTax replied 1 year ago.
Hi. Where you pay tax depends on where you are tax resident. Pensions will normally be taxable in the country that you are tax resident in. An exception to that is a government service pension (not a state pension) which may be taxable in the country that it is derived from. A list of the types of occupations which pay what pay government service pensions can be found here. You can be dual resident in which case you would use the tax treaty tiebreaker clause to determine your tax residence. See Article 4 of the UK/Ireland treaty here. If a source of income is taxable in both countries, then the tax paid in the source country will be deductible from the tax due on that income in the country that you live in. You would normally complete a P85 if you are leaving the UK so that HMRC can issue tax coding instructions to a pension payer or an employer. If you haven't formally left the UK, then you are going to have to use the statutory residence tests to determine whether you are tax resident in the UK or not. Most people who wish to not be UK tax resident try to spend less than 91 days in the UK in a tax year which runs from 6 April to 5 April. The detailed rules on the SRT can be found here. A summary can be found here and there is a useful flowchart here. As far as Ireland is concerned, I am not an expert on the Irish tax system. However, if you look here, it defines what is tax residency for Irish tax purposes. I hope this helps but let me know if you have any further questions.
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Experience: Inc Tax, CGT, Corp Tax, IHT, VAT.
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