Understanding the US Ireland Tax Treaty is crucial for Americans living in Ireland and to Irish non-US citizens who have U.S. sourced income. This guide breaks down the treaty's provisions, offering clarity on how it affects personal taxation and helps avoid double taxation.
Executive Summary
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Introduction to the US Ireland Tax Treaty
The US Ireland tax treaty, signed in 1998, serves as an agreement between the two countries for determining the taxation of income where both nations may have the legal right to taxation according to their respective laws. The treaty covers, among other topics, avoidance of double taxation, residency tie-breakers and taxation of various forms of income, including business profits, dividends, interest, pensions, and capital gains. This article will focus on some of the key aspects of the treaty that hold particular significance.
Relief of Double Taxation
The Ireland US treaty provides mechanisms for relief from double taxation, ensuring that income earned in one country by residents or citizens of the other is not taxed twice. Specifically, the treaty allows U.S. citizens and residents to claim a foreign tax credit for the income tax they paid on Irish sourced income to Ireland against their U.S. tax liability. Conversely, Ireland offers a credit for U.S. taxes paid on U.S. sourced income against it's own tax liabilities.
Example
Seán Ó Conaill, an Irish citizen living in Dublin, earns an annual salary of $80,000. In Ireland, he pays $25,000 in taxes for the year. Seán's U.S. tax liability for this income amounts to $22,000. Thanks to the relief of double taxation provision of the tax treaty, he is entitled to claim a foreign tax credit on his US taxes. Seán applies the $25,000 he paid in Irish taxes against his U.S. tax obligation, effectively reducing his U.S. tax liability to zero and even generating a $3,000 credit surplus, which may be carried over to subsequent tax years.
The Savings Clause
The Ireland US tax treaty contains a "savings clause" which allows the U.S. to impose taxes on its citizens according to its own laws, even if this contradicts the treaty. As a result of this clause, the majority of the benefits and reductions offered by the treaty do not apply to U.S. citizens living in Ireland.
Example
Aoife Murphy, a U.S. citizen, resides and works in Cork, Ireland, for an American bio-tech company. She performs all her work duties in Ireland and has no physical presence in the U.S. Although the Ireland U.S. tax treaty exempts such income from U.S. taxation on the basis that there is no permanent establishment in the U.S., the savings clause overrides this, requiring Aoife to declare and possibly pay U.S. taxes on her income. Nevertheless, Aoife can take advantage of the foreign earned income exclusion or foreign tax credits for the taxes paid in Ireland to avoid being taxed twice on the same income.
​Expert Tip: It's crucial for U.S. citizens to familiarize themselves with the savings clause exclusions in the US Ireland tax treaty to accurately determine which tax benefits they can utilize. |
Tax Residency and the Tie-Breaker Rules
The United States and Ireland each have their own criteria for determining who is a resident for tax purposes. As such, it's possible for someone to meet the residency requirements of both countries simultaneously. To prevent the problems that dual tax residency could cause, the U.S. Ireland tax treaty provides a series of tie-breaker rules. These rules help to decide which country has the primary right to tax the individual's income.
Permanent Home Test: The first consideration is whether the individual has a permanent home available to them in one of the countries. If a permanent home is available in only one country, that country is generally considered the individual's country of residence for tax purposes.
Centre of vital interests Test: If the individual has a permanent home in both countries or in neither country, the treaty looks at where the individuals center of vital interests lies, in other words, where they have a closer personal and economic interests.
Habitual Abode Test: If the individual has a center of vital interests in both countries or in neither country, the treaty looks at where the individual has a habitual abode; in other words, where they live regularly. This could be where they spend more time or where they have a regular presence.
Nationality Test: If the individual has a habitual abode in both countries or in neither, the next factor considered is nationality. If the person is a citizen of only one of the countries, that country is typically considered their country of residence for tax purposes.
Mutual Agreement Procedure: In the rare case that the individual is a citizen of both countries or of neither, and the above tests do not resolve the issue of residency, the competent authorities of the United States and Ireland will determine the individual's residency through a mutual agreement, taking into account the person's facts and circumstances.
Taxation of US-Sourced Passive Income
Passive income from U.S. sources, which is not tied to a U.S. trade or business, is generally taxed at a flat rate of 30% if earned by a non-resident alien. However, the US Ireland tax treaty lowers this rate or even totally exempts it from US taxation for certain types of income. We've summarized some of the tax treaty rates in the table below. It's important to note that that these rates generally do not apply to U.S. citizens due to the savings clause mentioned earlier.
​ | ​Tax Rate | Treaty Article Citation |
​Interest | 0% | 11(1) |
​Dividends - Paid by U.S. Corporations | 15% | 10(2) |
Dividends - Qualifying for Direct Dividend Rate | 5% | 10(2) |
Pensions and Alimony. | 0%* | 18(1)(a) |
Social Security | 0% | 18(1)(b) |
*The rate applies to both periodic and lump-sum payments.
Income Earned While Temporarily Present in the US
Generally, income earned from work performed in the US would be considered US source income and would be subject to US taxation. However, the US Ireland tax treaty lists certain exemptions where such income is not subject to US taxes. It's important to note that these exceptions generally do not apply to U.S. citizens because of the savings clause mentioned earlier. We've summarized some of these exceptions in the table below:
​Income Type | ​Maximum Presence in U.S | Required Employer or Payer | Maximum Amount of Compensation | Treaty Article Citation |
​Employee | 183 days | Any foreign resident* | No limit** | 15 |
Contractor | No limit | Any U.S. or foreign resident | No limit*** | 14 |
​Public entertainment | No limit | Any U.S. or foreign resident | $20,000 | 17 |
​Full-Time Students - remittances or allowances | 1 year | Any foreign resident | No limit | 20 |
*The exemption does not apply if the employee's compensation is borne by a permanent establishment that the employer has in the United States.
**Fees paid to a resident of the treaty country for services as a director of a U.S. corporation are subject to U.S. tax,
***Exemption does not apply to the extent income is attributable to the recipient's fixed U.S. base.
Totalization Agreement
The United States and Ireland have a totalization agreement in place, which is designed to avoid double taxation of their income with respect to social security taxes. It establishes clear rules about which country's social security system covers the employee. As a result, self-employed individuals can only be taxed by one country's social security system at a time.
State Taxes and Tax Treaties
The adherence to the U.S. tax treaties provisions varies by state, some may recognize them, while others may not. This means that an individual or business with international income could be subject to different tax rules at the state level compared to federal tax obligations.
​Expert Insight: Always check with a tax professional about how state tax laws interact with the treaty, as this can vary significantly from state to state. |
Need Help Navigating the US Ireland Tax Treaty?
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Frequently Asked Questions
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Article by Lewis Grunfeld, CPA
Lewis is a seasoned expert in international and U.S. expat taxation. With over 10 years of international tax experience, he specializes in applying tax treaties to benefit expats, handling complex tax scenarios and ensuring significant tax savings for his clients. Lewis's expertise in international compliance and U.S. expat tax returns has made him a trusted advisor in the expatriate community.