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ARTICLE · 04 FEBRUARY 2019

Private Client 2019

Private Client partner, John Gill and Private Client senior associate, Lydia McCormack co-author the Ireland 2019 chapter of the International Comparative Legal Guide to Private Client.

IrelandTax

1. CONNECTION FACTORS

1.1 To what extent is domicile or habitual residence relevant in determining liability to taxation in your jurisdiction?

Domicile is a very significant connecting factor. Where an individual is tax resident in Ireland (the "State"), the addition of domicile as a connecting factor will mean that all of the individual's worldwide income and gains are subject to Irish tax, subject to any reliefs under existing double tax treaties.

The concept of habitual residence does not exist in Ireland and is not defined under Irish law.

1.2 If domicile or habitual residence is relevant, how is it defined for taxation purposes?

There is no statutory definition of domicile under Irish law, it is a legal concept. Every individual is born with a domicile of origin. It is possible for a person to lose their domicile of origin and acquire a domicile of choice or to lose their domicile of choice and revive their domicile of origin.

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