Indeed, specifically in Georgia.I love tax lawyers, they are the best
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. Bored to repeat -> post #23
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Tax residency in Georgia while living in 2 European countries?
- Thread starter ccmonger
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. Bored to repeat -> post #23
You are in denial. Using the HNW certificate, Georgia will claim you are a tax resident, but your home country wont accept it in accordance with the DTT. You will need to convince your home country in another way.
My main point was that you can apply for treaty benefits with HNWI certificate since its a proof of tax residency.
It doesn't automatically mean though that you are tax resident of Georgia within the meaning of the DTA in all cases, but imagine a simple case with some other jurisdiction where you have never been, but happen to receive some income and need to apply for tax refund. Why wouldn't they accept your tax residency?
Even then you would never show them your HNWI tax residence certificate. Rather you would acquire a relevant form from the other jurisdiction and get it stamped by Georgian tax office.
No. You need to evaluate the specific cases and relevant circumstances.
The cases where you are clearly a non-resident in the other jurisdiction is straightforward to obtain a certificate of tax residence based on a double tax treaty.
In fact, both scenarios are possible.
.
Thank you for your comment, Sir.You wrote a lot in this thread, you received plenty of replies. Still, you do not get it (or don't want to):
The HNWI certificate does not make you a tax resident within the meaning of a DTT
Regarding tax treaties, it's important to note that, generally, tax treaties do not impose tax.
Tax is imposed by domestic law, so let's first have a look at what Georgian law says. If, based on Georgian law, an individual is considered a Georgian tax resident, then he is a Georgian tax resident, unless his/her tax residency is instead determined based on a double tax treaty, which is only possible if first, two treaty countries' domestic laws consider the individual a tax resident. In such cases, if you are considered a tax resident in both countries under their respective laws, the tax treaty's tie-breaker rules come into play.
Therefore, tax treaties limit the taxes otherwise imposed by a State. In effect, tax treaties are primarily relieving in nature.
Similarly, tax treaties do not allocate taxing rights, although it is often claimed that they do. In light of this fundamental principle, it is usually appropriate before applying the provisions of a tax treaty to determine whether the amount in question is subject to domestic tax.
HNWI certificate is a document issued based on Georgian domestic law certifying tax residence in Georgia.
If someone has a Georgian HNWI tax residence certificate and it happens that another treaty jurisdiction claims his/her tax residency, he/she may need to inform the tax authorities of his/her residency status, especially if there is a dispute or if he/she is changing his/her residency status.
Based on the treaty, in rare cases, two jurisdictions can also consider an individual tax resident in their respective jurisdiction.
In this case, you have a Mutual Agreement Procedure. The MAP is the mechanism that Contracting States use to resolve any disputes or difficulties that arise in the course of implementing and applying the treaty.
For most tax treaties (all that I have read) the paragraph on the definition on residency excludes the possibility of you being considered to be a tax resident of any country based on capital situated there. Therefore, the HNWI certificate is irrelevant.
It means you need to have a house there or rent some property and actually live there I believe ?
You are referring to the term "resident" in the DTT, which usually includes the following line:"This term, however, does not include any person who is liable to tax in that State in respect only of income from sources in that State or capital situated therein."
However, HNWI residence is not issued only on basis of capital, but requires also a residence permit.
Quoting:
In addition to meeting the significant property requirements, they must either:
- Have a legal residence permit OR Georgian resident ID card.
- Certify that he/she received income of 25,000 GEL or more in the tax year prior to the year of application, from a source in Georgia.
I see. But what is then the point of talking about the HNWI certificate at all if you already have a residence?
Yes, for most cases only renting and not actually spending time in the country is enough. However, do not rent or own a house in any other country in that case. You could still spend time in another country how long you want as it is lower down in the list of the tie-breaker rules.
HNWI certificate is for tax residence, but to get it you need to have legal residence.
Legal residence doesn't equal tax residence.
Just having a residence permit in Georgia doesn't automatically make you a tax resident in Georgia.
That's some of a statement, if you think so, you should quickly describe how you see it and correct it, so we will be able to do our own conclusion from both! Your sentence has nothing to do in this thread as it stands alone without any backup.
Is there any risk of not being accepted for tax residency in case you spend more than 183 days and them claiming you were only here for leisure in case you have no job or something like that? I'm wondering why they have added the exclusion on leisure in the tax law at all? Something written about this in the EO's?
I feel like it's gonna be super tough in 2024 to spend half the year in a low- or no-tax spot and the other half in a high-tax place.
The thing is, the tax folks aren't as clueless as they used to be, all thanks to AI (it’s not like the staff suddenly got a brain boost or something). So, the country with the steep taxes is gonna want its cut, even if you've gone and bought a place and said you're paying taxes in that low-tax country.
The thing is, the tax folks aren't as clueless as they used to be, all thanks to AI (it’s not like the staff suddenly got a brain boost or something). So, the country with the steep taxes is gonna want its cut, even if you've gone and bought a place and said you're paying taxes in that low-tax country.
I do not understand what this means. If a tax treaty exists and everything comes down to physical presence, then just spend a majority of the year in one country
But still, the country with the highest tax burden will try to charge you tax when you own a property or something else in that country that could make it look like you lived there. You will have to fight for your case, that's for sure. The tax authorities have become extremely aggressive, especially in the countries where the tax is highest and those with large fortunes are moving out. These countries include Denmark, Norway, Germany, France, among others.
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