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Generic Tax Name Capital tax - Inheritance and gift tax
Tax name in the national language Capital Acquisitions Tax (including inheritance and gift tax)
Tax name in English Capital Acquisitions Tax (including inheritance and gift tax)
Member State IE-Ireland
Tax in force since 1975/01/01
If abolished, date on which the tax ceases to apply
Business version date 2015/01/01
Version date 2015/02/17
This file was last updated on

Type of tax
Direct taxes Personal income tax
Corporate income tax
Other

Indirect taxes VAT
Excise duty (EU harmonised)
Alcoholic beverages
Energy products and electricity
Manufactured tobacco
Other

Social security contribution Employers
Employees
Other
 
Legal base

Capital Acquisitions Tax Consolidation Act, 2003, as amended by subsequent Finance Acts.

 
Who sets
The tax rate is set by




The tax base is set by




The reliefs are set by




Comments
 
Beneficiary





Comments

 
Geographical Scope

Republic of Ireland

 
Taxpayers

The donee/successor is primarily accountable for the payment of the tax. Should the person primarily accountable fail to pay the tax, secondary accountability to pay rests with every trustee, personal representative, agent or other person in whose care any property comprised in the gift/inheritance is placed.

 
Tax object and basis of assessment

Gifts and inheritances taken by a donee/successor from any disponer. 

 

In relation to gifts:

  • where the disponer is resident or ordinarily resident in the State at the date of the disposition, or in certain cases at the date of the gift, or
  • where the donee is resident or ordinarily resident in the State at the date of the gift,

the taxable gift consists of the whole of the property taken by the donee.

In any other case, only the property situated in the State is liable to tax.

 

In relation to inheritances:

  • where the disponer is resident or ordinarily resident in the State at the date of the disposition (normally the date of death), or 
  • where the successor is resident or ordinarily resident in the State at the date of the inheritance

the taxable inheritance consists of the whole of the property taken by the successor.

In any other case, only the property situated in the State is liable to tax.

 

A foreign domiciled person will not be considered to be resident or ordinarily resident in the State until 1 December 2004 and then only if he or she has been resident in the State for 5 consecutive tax years preceding the date of the gift or inheritance.

In general, the taxable value of property comprised in a taxable gift or inheritance is its market value, after the deduction of liabilities, costs and expenses. Rules are provided for valuing limited interests.

The tax chargeable on the taxable value of the most recent taxable gift or taxable inheritance taken by a beneficiary is as follows:

  • the tax computed under the table of rates on the aggregate of the taxable value of the latest taxable gift or taxable inheritance plus the taxable values of all taxable gifts and taxable inheritances (if any) previously taken by that beneficiary from any source on or after 5 December 1991 which have the same group threshold, less
  • the tax computed under that table on the aggregate of the taxable values of all taxable gifts and taxable inheritances taken by that beneficiary on or after 5 December 1991, which have the same group threshold, but excluding the taxable value of of that latest taxable gift or taxable inheritance.

The group tax-free thresholds from 1 January 2010 to date are shown below.

Group

Relationship to Disponer

Tax Free Threshold 1/1/2010 to 7/12/2010

Tax Free Threshold 8/12/2010 to 6/12/2011

Tax Free Threshold 7/12/2011 to 5/12/2012

Tax Free Threshold 6/12/2012

A Son/Daughter €414,799 €332,084 €250,000 €225,000
B Parent*/Brother/Sister/Niece/Nephew/Grandchild €41,481 €33,208 €33,500 €30,150
C Relationship other than Group A or B €20,740 €16,604 €16,750 €15,075

 

 
Deductions, Allowances, Credits, Exemptions

Deductions:

  • 90 % of the market value of agricultural land and buildings taken by a donee or successor who is a "farmer".
  • 90 % of the market value of trees and underwood.
  • 90 % of the market value of relevant business property.

Exemptions:

These include:

  • the first €3,000 of the taxable value of gifts taken by a donee from any one donor in any one year.
  • Normal and reasonable expenditure by a disponer on his/her immediate family.
  • Heritage property, that is houses, gardens, articles of national scientific, historic or artistic significance which fulfil certain conditions.
  • A dwelling house which has been occupied by the recipient subject to certain conditions being complied with.
  • A gift or inheritance taken for public or charitable purposes.
  • Payments and pensions to retired employees.
  • Certain Government securities and interests in certain unit trusts when taken by non-residents.
  • Inheritances and gifts taken by one spouse from the other.
  • Moneys payable under a qualifying insurance policy to the extent that such monies are used to pay inheritance or gift tax.
  • Payments to permanently incapacitated individuals from trust funds contributed by means of public subscriptions.
 
Rate(s) Structure

From 08/04/2009 to 6/12/2011: 25% on amount in excess of applicable group tax free threshold.

From 7/12/2011 to 5/12/2012: 30% on amount in excess of applicable group tax free threshold.

From 6/12/2012: 33% on amount in excess of applicable group tax free threshold.

 
Tax due date

For 2011, 30 September 2011 in respect of gifts/inheritances with a valuation date in the period 1 September 2010 to 31 August 2011.

For 2012 onwards, 31 October in respect of gifts/inheritances with a valuation date in the 12 months ending on the preceding 31 August.

 
Tax collector

Revenue Commissioners.

Tax to accompany a mandatory self‑assessment of tax made by the taxpayer.

 
Special features

 
Economic function







Comments
 
Environmental taxes



Comments
 
Tax revenue
ESA95 code d91aa

Year
Annual tax revenue (millions)
Currency
Tax revenue as % of GDP
Tax revenue as % of total tax revenue
2012 283.00 EUR 0.16
2011 244.00 EUR 0.14
2010 236.50 EUR 0.14
2009 257.00 EUR 0.15
2008 343.00 EUR 0.18
2007 390.60 EUR 0.20
2006 343.00 EUR 0.18
2005 249.10 EUR 0.15
2004 190.10 EUR 0.12
2003 213.30 EUR 0.15
2002 150.90 EUR 0.11
2001 167.80 EUR 0.14
2000 223.10 EUR 0.21

Comments