Written answers

Tuesday, 25 February 2025

Photo of Barry WardBarry Ward (Dún Laoghaire, Fine Gael)
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319. To ask the Minister for Finance if his attention has been drawn to proposals in Spain regarding taxation on real estate bought by non-EU residents (details supplied); if any research has been carried out by his Department into the potential impact of this policy; and if he will make a statement on the matter. [7804/25]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The Programme for Government 2025 commits to introducing a new, all-of-government national housing plan to follow Housing for All. Any proposals for new measures will be considered in this context.

Noting that as my colleague, the Minister for Housing, Local Government and Heritage, James Browne TD has responsibility for housing matters, it would be for his Department to seek the assistance of my Department in carrying out research on the impact of taxation measures similar to those mooted by the Spanish Government. I would also note that I am informed that the proposed Spanish measure is only intended to apply to non-residents from countries outside the EU, and were any equivalent to be considered for Ireland, the same would have to apply to it owing to EU rules.

Photo of Colm BurkeColm Burke (Cork North-Central, Fine Gael)
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320. To ask the Minister for Finance if consideration will be given to increasing the small gift exemption for capital acquisitions tax from €3,000 to €5,000 from each person per year given it has not been increased for a number of years; and if he will make a statement on the matter. [7998/25]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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Capital Acquisitions Tax (CAT) is a tax on gifts and inheritances that is payable by the beneficiary of the gift or inheritance on the value of the property received.

The relationship between the person giving a gift or inheritance and the beneficiary determines the maximum amount, known as the “Group threshold”, below which CAT does not arise.

Any prior gift or inheritance received by a beneficiary since 5 December 1991 from within the same Group threshold is aggregated for the purposes of determining whether tax is payable on a benefit.

Where a person receives a gift or inheritance and the value of the property received exceeds the relevant Group threshold, CAT at a rate of 33% applies on the excess.

There are three Group thresholds:

  • the Group A threshold (currently €400,000) applies where the beneficiary is a child of the person giving the gift or inheritance;
  • the Group B threshold (currently €40,000) applies where the beneficiary is a brother, sister, nephew, niece, lineal ancestor or lineal descendant of the person giving the gift or inheritance;
  • the Group C threshold (currently €20,000) applies in all other cases.
In addition to the above, a person may receive gifts up to the value of €3,000 from any person in any calendar year without having to pay CAT. This is generally referred to as the small gifts exemption.

Gifts within this limit are not taken into account in computing tax and are not included for future aggregation purposes.

The effect of this is that a person can take a gift from several people in the same calendar year and the first €3,000 from each person is exempt from CAT. In addition, where the value of a gift from a person exceeds €3,000, only the excess is taken into account for calculating CAT.

The gift exemption applies only to gifts and not to inheritances.

I am advised by Revenue that it is not currently possible to cost an increase in the Small Gift Exemption as it is not possible to forecast how many would avail or benefit from the increased level of the exemption, and to what amount.

The options available for setting CAT gift exemptions must be balanced against competing demands, and as part of the annual Budget and Finance Bill process.

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