How to determine whether a benefit is taxable?
Taxable gifts
A gift is fully taxable if:
(a) the disponer was ROI resident or ordinarily resident at the date of the disposition or gift, or
(b) donee was ROI resident or ordinarily resident at the date of the gift. Otherwise, only the ROI situate part or proportion of the property is taxable.
Taxable inheritance
An inheritance is a fully taxable if:
(a) the disponer was ROI resident or ordinarily resident at the date of the disposition, i.e., the date of death, or
(b) the successor was ROI resident or ordinarily resident at the date of the inheritance. Otherwise, only the ROI situate part or proportion of the property is taxable.
A foreign-domiciled individual is not treated as ROI resident or ordinarily resident unless, as regards the tax year in which the benefit arises:
(a) he was ROI resident for the five consecutive tax years immediately preceding that year, and
(b)is ROI resident or ordinarily resident in that tax year