All 2 rules for Ireland

Ireland tax residency: the 183-day and 280-day tests

You’re resident in Ireland for tax if you’re there for 183 days or more in a tax year, or 280 days or more over that tax year and the one before. A year with 30 days or fewer in Ireland doesn’t make you resident and doesn’t count towards the 280. The tax year is the calendar year, and any part of a day counts.

Ireland 183-day calculator

183 days or more in Ireland in a calendar year, or 280 over this year and last, make you resident; a year of 30 days or fewer doesn’t count. Any part of a day counts.

Ireland tax residency: two day tests

Section 819 of the Taxes Consolidation Act 1997 makes you resident in Ireland for a tax year if you’re present there for:

  • 183 days or more in that tax year, or
  • 280 days or more in total over that tax year and the one before — the “look-back” test.

A tax year with 30 days or fewer in Ireland never makes you resident, and its days aren’t counted towards the 280. The tax year runs from 1 January to 31 December.

At a glance Ireland
The day tests 183 days or more in the tax year, or 280 or more over this year and last
Over the tax year, 1 January to 31 December
A year of 30 days or fewer not resident, and not counted towards the 280
A day counts if you’re in Ireland at any time during it

Counting the days

  • Any part of a day is a day. You’re present for a day if you’re in Ireland at any time during it, so the days you arrive and leave both count.
  • Airside doesn’t count. Arriving and leaving without passing beyond the part of an airport or port the public can’t enter isn’t a day present.
  • Force majeure. If extraordinary weather or a third party’s failure — an aircraft breaking down, a strike — stops you leaving on the day you planned, the day after isn’t counted.
  • Choosing to be resident. In the year you arrive, you can elect to be resident if you come intending to be resident the next tax year. Tell Revenue in writing.

Ordinary residence

Three tax years resident in a row make you ordinarily resident from the start of the fourth. Leave Ireland and you stay ordinarily resident for three more tax years, taxed on your worldwide income except income from a trade or profession carried on wholly abroad, from an employment with all its duties abroad, and other foreign income of €3,810 or less.

Worked example

You were in Ireland for 200 days last year. Arriving this year on 1 April, you can stay until 18 June — 79 days this year, 279 with last year’s. On 19 June you’d reach 280, and be resident for this year. Had you been there for 30 days or fewer last year, only the 183-day test would apply.

The UK counts differently — days you’re there at midnight, in a tax year from 6 April: see the UK 183-day rule. Iceland counts more than 183 days in any 12 months, holidays abroad included: see Iceland tax residency. Other countries, side by side: 183-day rule by country.

How FlySee counts it

FlySee has no Ireland tracker built in; a tax tracker of your own counts the 183-day test: Ireland, fewer than 183 days, the calendar year, any part of a day. The look-back to last year is the calculator’s: it adds last year’s days when there were more than 30. Airside transit and a day you were kept in Ireland by force majeure aren’t days present, but the calculator counts every day you enter — a day early, never late.

Ireland tax residency: questions and answers.

Is it 183 days or more than 183?

At least 183 days in the tax year, so 182 is the most you can spend there without becoming resident on that test. The look-back test needs at least 280 days over two years.

How does the 280-day rule work?

Add your days in Ireland this tax year to last year’s. At 280 or more you’re resident for this year — but only if you were in Ireland for more than 30 days this year. A year of 30 days or fewer isn’t counted towards the 280 either.

Does the day I arrive count?

Yes. You’re present for a day if you’re in Ireland at any time during it. A connection where you stay airside doesn’t count, and nor does the day after your planned departure if severe weather or a breakdown kept you there.

Can I choose to be tax resident?

In the year you arrive, yes: if you come intending to be resident the next tax year, you can elect to be resident and tell Revenue in writing. You’re then taxed on your worldwide income and get full tax credits.

What is ordinary residence?

After three tax years resident in a row you’re ordinarily resident from the start of the fourth. If you leave, it lasts for three more tax years, and you’re taxed on your worldwide income except a trade or profession carried on wholly abroad, an employment with all its duties abroad, and other foreign income of €3,810 or less.

Sources

FlySee counts days; it doesn’t give tax advice. Whether you’re resident is for you and your adviser.

Track it in FlySee

Track days in every country and know the date you can stay until.

  • A tax tracker of your own counts the 183-day test: fewer than 183 days in the calendar year, any part of a day
  • Shows the date you can stay until, and the days left this year
  • Gives you a heads-up before you reach the limit
  • Exports your days by country and year as PDF, Excel or CSV — last year’s too, for the 280-day test
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