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183 days Rule

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Hulagirl
12/15/2016 14:11 EST

Could someone clarify the tax implications in regard to the 183 day rule for ?
Here is our situation. We are retired and are dual Irish and American citizens currently residing in the USA. We are planning on retiring to Italy but before that we are planning on spending 2 months in Ireland from Mar to May and then 2 months in France from May to middle of July. We plan to enter Italy after July 15th as we would have satisfied the < 183 days in Italy for tax purposes. Could someone clarify if entering any other European country for example( Ireland in Mar) would count towards the 183 day rule or are we correct in our plan.

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Sergios
12/16/2016 02:06 EST

It is not all that simple. The authorities, especially if you drive, don't have a clue as to your whereabouts. You can spend two months in France without the french knowing you are there. Why should they if you don't go to the community and register. Its not your body being in a certain place that counts, it's your place of residence. As an EU citizen you can be in any EU country as long as you want. They just ask that you register if you are going to be there for more than 3 months. Therefore, your visiting countries has nothing to do with the 183 day rule. However, once you establish residency then the clock starts to tic. You do not say where you hold residency now. If in Ireland, then your tax liability is to them. That is until you change your residency to Italy, if that is what you intend.

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Hulagirl
12/16/2016 12:33 EST

Thank you so much. It makes sense that our tax liability should start when we settle somewhere eg italy . We are in the USA until March and then will go to Dublin and get our E11 health card. I was a little concerned that getting the heath card in I
Ireland would establish residency but perhaps not?

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OldPro
12/16/2016 12:57 EST

Until you take up residence in a country, you are simply a tourist and that includes in Ireland even though you are an Irish citizen if your legal residency is the USA.

The E111 no longer exists. It is now a EHIC card. But you need to understand what is required to get one and what it covers.

First, being an Irish citizen does NOT get you one. Being a RESIDENT of Ireland does. You are not resident in Ireland and so will not qualify for one unless you first become resident in Ireland.

Second, even if you had one, it is for temporary travel in the EU, not for someone who takes up residency in another EU country.

http://www.hse.ie/eng/services/list/1/schemes/EHIC/about/About_EHIC.html

So back to the drawing board and more research needed to determine how you will proceed.

Your visit to Ireland and France will mean nothing in terms of taxes and the 183 day rule etc. So you can forget about that until you actually take up residency in Italy.

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