Maureen O'Sullivan (Dublin Central, Independent)
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99. To ask the Minister for Finance if the Revenue Commissioners are concerned about opportune weddings taking place for the purpose of inheritance tax avoidance; and his views on whether the format of inheritance tax is not applicable to modern society and places too much emphasis on marriage. [30963/18]

Paschal Donohoe (Dublin Central, Fine Gael)
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It is a long-held principle of capital acquisitions tax (CAT) that transfers of property between spouses are exempt. Since 1985, all inheritances between spouses are exempt from tax and are not taken into account in computing tax. A similar exemption for gifts between spouses is also in place since 1990. The spousal exemption from gift and inheritance tax was extended to civil partners with effect from 1 January 2011.

I am informed by Revenue that, while the official status of a marriage or civil partnership may need to be established for the purposes of the exemption, its legitimacy is not a matter for determination by them.

As a result of the full tax exemption that applies, spouses and civil partners are not included in any of the tax-free Group thresholds and gifts and inheritances between spouses and civil partners are not counted for the purposes of aggregating lifetime gifts and inheritances.

While single persons may not transfer assets free of CAT under the spouse or civil partner exemption, they may transfer assets to individuals free from inheritance tax provided the value of the benefits do not exceed the relevant thresholds when previous benefits to the beneficiary are taken into account.

In addition, single persons can bequeath their principal private residence, generally the most substantial asset held by an individual, free from CAT under the dwelling house exemption which allows for property to be inherited tax-free irrespective of its value where the beneficiary is already living in the home subject to certain conditions.

Agricultural property and relevant business property of a single person can also be gifted or bequeathed with a significant 90% reduction in their taxable values under the Agricultural Relief and Business Relief schemes where the relevant conditions are met.