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  • Tax for returning Irish members

While the grass may be greener, the tax benefits of off-shore working are not black and white

Jul 06, 2021

Originally posted on Business Post 20 June 2021.


Given Ireland’s pandemic-related national debt, significant income tax cuts in the near future seem unlikely, but moving abroad to work remotely will not always result in savings either.

As if it wasn't enough to have ongoing upheaval over corporation tax, events are now conspiring to push the income tax burden into the spotlight.

Tánaiste Leo Varadkar has been warning that Ireland's personal tax rates are a major disincentive for attracting mobile workers. Highly paid workers, he believes, could avail of new remote working possibilities to move overseas.

Any government minister should be wary of losing high-paid executives from this economy. Broadly speaking, Ireland operates the 80/20 rule when it comes to tax receipts from individuals – roughly 80 per cent of income tax is paid by the top 20 per cent of earners.

In common with some other countries, Ireland has tax measures for foreign executives coming in on assignment. A special assignee relief programme, or SARP, allows people coming into this country to have part of their income ignored for tax purposes, provided certain terms and conditions are met.

Numbers in the public domain suggest that just under 600 jobs were eligible for SARP in 2018. Given that there were some 2.7 million employees in the country before the pandemic hit in early 2020, SARP doesn’t appear to be making a huge difference either to overall employment, or to the overall tax take.

Whatever about coming in, what about people who might leave the country because of the increased acceptability of remote working? Every other day, companies are announcing policies to permit their workers to work remotely from their homes for a proportion of the working week or working month. It's not clear, however, that this will translate to a mass exodus of largely white-collar, higher-paid workers from the jurisdiction.

Except for company directors, who are always caught by the Irish tax system irrespective of where they live, taxing rights are usually determined by the employee’s place of residence rather than their place of employment. A worker in Mullingar who emigrates to Marseille, while still working remotely for their Westmeath employer, will be subject to French income tax and not Irish income tax on the earnings.

The position of social welfare contributions (PRSI) and the corresponding entitlements is not as clear cut as that of income tax and may differ from country to country. The position also gets tricky if the work involves travel to meet clients, customers or suppliers.

Tax-free reimbursement of travel expenses in Ireland is only permissible where the travel is from the normal place of work, which can become problematic for remote workers, even within the jurisdiction.

Moving abroad will not always achieve tax savings. An OECD study of the income tax and social security paid by single workers on the average wage in 2020 shows that the tax take in Ireland is more or less in the middle ground by international standards.

A person moving from Ireland to Germany or Belgium or Austria will have a lot less after-tax income to spend than if they had stayed put. The difference is mainly due to social security contributions. That person might fare better by moving to Australia or Britain or Canada, but only marginally so. Higher-paid workers may do better than their counterparts on average pay, but few territories offer workers a tax crock of gold.

Any telecommuting move, of course, depends on a willing employer. A recently published study from the University of Chicago, analysing personnel and analytics data on professionals in the IT industry, found evidence that while the total hours worked by people working from home did increase, the average output did not significantly change. Not only that, time spent on coordination activities and meetings increased. In short, there seems to have been more management, but less productivity.

It is unlikely that company employment and benefits policies will require significant adjustments if a person is to work three days from the house and two days from the office. However, if the person wants to move to another jurisdiction entirely, the chore of administering that employee’s insurance, terms and conditions becomes far more onerous and perhaps without much commercial benefit to show for it.

There undoubtedly will be even more studies on the benefits or otherwise of telecommuting, but the University of Chicago findings will resonate with many people who have been involved in telecommuting since the start of the pandemic lockdowns. Part-time telecommuting opportunities may become a part of an employee benefit package, but it doesn't necessarily follow that those opportunities will routinely extend to permitting employees to work offshore.

The pandemic has resulted in higher national debt and a bigger state apparatus to pay for. The pressure on taxes generally, and on social security contributions particularly, will increase if government finances are to recover.

If corporation tax receipts are indeed under threat – though I suspect that the €2 billion plus estimates may be overstated – it will be difficult on purely budgetary grounds to make a strong case for income tax cuts as well. The threat of income tax loss from offshore working may also, I suspect, be overstated.

While the grass may be greener, the tax benefits of offshore working are not black and white.

Originally posted on Business Post 13 June 2021.

 
Dr Brian Keegan is Director of Public Policy at Chartered Accountants Ireland

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