Dáil Éireann - Volume 596 - 01 February, 2005
Written Answers. - Tax Code.
Ms Lynch Ms Lynch
72. Ms Lynch asked the Minister for Finance if he intends to initiate any review, similar to the one planned in regard to reliefs and exemptions for higher earners, of the legislative provisions regarding residency abroad for tax purposes, particularly in regard to the so-called Cinderella clause, whereby the day a person leaves the country by midnight does not count as a day of residence; and if he will make a statement on the matter. [2475/05]
Mr. Cowen Mr. Cowen
Mr. Cowen: The residency rules are not covered by the review referred to. Such rules were last updated in the 1994 Finance Act by the then Fianna Fáil and Labour Government following a comprehensive review of the matter by the Revenue Commissioners and my Department. The resulting new rules set out in the 1994 Finance Act both simplified and clarified the whole area and were generally welcomed. These rules provide inter alia that an individual is deemed to be present in the State for a day if the individual is present in the State at the end of the day. This is in line with the Revenue administrative practice prior to the 1994 Finance Act which was based on the number of nights spent in the State.
Dáil Éireann 596 Written Answers. Tax Code.