Written answers

Tuesday, 23 June 2015

Photo of Dan NevilleDan Neville (Limerick, Fine Gael)
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277. To ask the Minister for Finance the position regarding payment of Capital Acquisition Tax in respect of a person (details supplied) in County Limerick; and if he will make a statement on the matter. [25140/15]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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The tax treatment of payments made to an individual, or to that individual s estate, pursuant to the Magdalen Commission Report was set out in Section 77 of the Finance (No. 2) Act 2013.  In essence, a payment to a survivor, or to the estate of a survivor, is not a gift or inheritance and is therefore not subject to Capital Acquisitions Tax (CAT) at that point.  However, any subsequent transfer of a payment from the survivor or the survivor s estate is subject to the normal rules of taxation.

I am advised by the Revenue Commissioners that the person in question received an inheritance from the estate of a survivor, and as such CAT applies to that benefit subject to the normal rules of inheritance.  I am further advised that the Revenue Commissioners wrote to the person s legal representative on 14 April 2015 explaining the due date for the relevant return and any payment will be 31 October next. 

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