Tax
Tie-breaker rule
Also known as treaty tie-breaker, Article 4(2)
A tie-breaker rule is the provision in a tax treaty that allocates residence to one country where both would otherwise treat the same person as resident. For individuals it runs in sequence: permanent home, centre of vital interests, habitual abode, then nationality, and finally agreement between the two authorities.
In plain terms: The order of questions a treaty uses to decide which of two countries gets to call you resident.
Why it matters
The sequence stops at the first step that produces an answer, so a person with a permanent home in only one of the two countries never reaches the later tests. It applies for treaty purposes only — domestic law can continue to treat you as resident for other purposes.
Common misunderstanding
Assuming a tie-breaker is always available. It exists only where a treaty is in force between the two countries. Between a high-tax country and most low-tax destinations there is no treaty, and therefore nothing to break the tie.
Read the full guideTie-breaker rules