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Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10976
Experience:  Barrister 17 years experience
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My husband has worked abroad for the last 9 years. He is deemed

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My husband has worked abroad for the last 9 years. He is deemed non-resident for tax and I am assessed as a femme seul-single assessment-

We bought a number of houses -- 2 --and put them in my name only for convenience-
We are considering transferrig the houses to my husbands name so that that he would be deemed a non resident landlord and this would reduce the tax on the rental income,
My question is
What would be involved in transferring ownership into my husbands name.

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Customer: replied 3 years ago.

Yes I will wait-

Essentially what I need to know is what is involved in transferring the properties to my husband and the cost. Are there tax implications


What tax does a non\resident landlord pay on rental property in Ireland.



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1. There is Stamp Duty implications when tranferring the houses into your husband's name. Because you are a married couple there are no Capital Grains tax implications as transfers between spouss are zero rated. So no CGT is payable. However, Stamp Duty becomes payable dependent upon the value of the house.
2. Rather than doing a transfer, you would be better off doing a Declaration of Trust whereby you declare you hold these houses for your husband on trust. This would then make him liable for the rental income as he is the beneficial owner of the houses. This would avoid transfer taxes. Yet still make your husband liable to tax on the rental income.
3. Be aware as well that once a transfer is done, then it is final. This has obvious implications beyond the taxation issues, such as if you ever split up. So be careful you know what you are getting yourself into.
Buachaill, Barrister
Satisfied Customers: 10976
Experience: Barrister 17 years experience
Buachaill and 2 other Republic of Ireland Law Specialists are ready to help you