Written answers
Monday, 9 September 2024
Department of Finance
Tax Rebates
Michael McGrath (Cork South Central, Fianna Fail)
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315.To ask the Minister for Finance if he will examine a matter raised in correspondence by a person (details supplied) about a specific taxation issue; and if he will make a statement on the matter.[34068/24]
Jack Chambers (Dublin West, Fianna Fail)
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I am advised by the Revenue Commissioners that if an individual wishes to claim a refund of Capital Acquisitions Tax, they are required to file an amended Capital Acquisitions Tax (“CAT”) return Form IT38.
To qualify for a refund of CAT, an individual must file the amended CAT IT38 return within the period of 4 years commencing on 31 December in the year that the tax was due. This in in accordance with section 57(3) of the Capital Acquisitions Tax Act 2003, as amended.
The individual in question filed their original CAT IT38 return on 24 January 2019 with payment of the tax due by 31 October 2019. Any claim for a refund of CAT required the submission of an amended CAT IT38 return by 31 December 2023.
Revenue is bound by the legislation, as the individual has not submitted an amended return within the legislatively required period, a refund of CAT cannot be processed. If the person concerned has any questions or require any further information, they can contact Revenue's National CAT Helpline on 01-738 3673.
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