Non-resident landlords - tax rate

    Taxworld blog

    Non-resident landlords - tax rate

    Posted by Alan Moore on 31 August 2018

    The default rule is that the tenant must withhold 20% from the gross rent, pay it to Revenue, and give the landlord a receipt for the tax deducted: TCA 1997 s 1041; form R185

    The 20% withholding tax can be avoided if the foreign landlord appoints an Irish agent to collect the rent on behalf of the non-resident.

    The Irish agent will receive a tax assessment on behalf of the non-resident: TCA 1997 s 1034

    If the landlord is a foreign company, e.g., a Hong Kong company, with no place of business in Ireland, the landlord must pay Irish income tax (not corporation tax) on a self-assessment basis at 20%. This 20% rate applies to the net profit after expenses. The 20% withholding tax is available as a credit against the landlord’s tax liability.

    If the landlord is a foreign individual, e.g., a UK resident, not resident in Ireland, the landlord must pay Irish income tax at 20% up to the standard rate band limit (€34,550 if single; €38,550 if single parent; €43,550 for married couple) and at 40% on the excess. Income tax applies to the net profit after expenses. The 20% withholding tax is available as a credit against the landlord’s tax liability.

    If the net income exceeds €13,000, the landlord is subject to USC ( first €12,012: 0.5%; next €7,360: 2%; next €50,672: 4.75%; balance: 8%).

    The income is not subject to PRSI: Social Welfare Consolidation Act 2005 Schedule 1 Part 3:

     

    Topics: Income tax

    Written by Alan Moore

    Founder and CEO of Taxworld LTD, Chartered Tax Adviser
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