Law of Capital Acquistions Tax and Stamp Duty, Finance (No. 2) Act 2013
- LAW OF CAPITAL ACQUISITIONS TAX
- TABLE OF CASES
- TABLE OF STATUTORY REFERENCES
- DESTINATION TABLE
- LIST OF ABBREVIATIONS
- CURRENT LEGISLATION
- (a) CAPITAL ACQUISITIONS TAX CONSOLIDATION ACT 2003
- PART 5 (31-44) Provisions Relating to Gifts and Inheritances
- Section 31 Distributions from discretionary trusts
- Section 32 Dealings with future interests
- Section 33 Release of limited interests, etc
- Section 34 Settlement of an interest not in possession
- Section 35 Enlargement of interests
- Section 36 Dispositions involving powers of appointment
- Section 37 Cesser of liabilities
- Section 38 Disposition enlarging value of property
- Section 39 Gift subject to power of revocation
- Section 40 Free use of property, free loans, etc
- Section 41 When interest in assurance policy becomes interest in possession
- Section 42 Provisions to apply where section 98 of Succession Act 1965 has effect
- Section 43 Disposition by or to a company
- Section 44 Arrangements reducing value of company shares
- PART 6 (45-50) Returns and Assessments
- Section 45 Accountable persons
- Section 45A Obligation to retain certain records
- Section 45AA Liability of certain persons in respect of non-resident beneficiaries
- Section 46 Delivery of returns
- Section 46A Expression of doubt
- Section 47 Signing of returns, etc.
- Section 48 Affidavits and accounts
- Section 49 Assessment of tax
- Section 50 Computation of tax
- PART 7 (51-65) Payment and Recovery of Tax, Interest and Penalties
- Section 51 Payment of tax and interest on tax
- Section 52 Set-off of gift tax paid in respect of an inheritance
- Section 53 Surcharge for undervaluation of property
- Section 53A Surcharge for late returns
- Section 54 Payment of tax by instalments
- Section 55 Payment of tax on certain assets by instalments
- Section 56 Payment of inheritance tax by transfer of securities
- Section 57 Overpayment of tax
- Section 58 Penalties
- Section 59 Postponement, remission and compounding of tax
- Section 60 Tax to be a charge
- Section 61 Receipts and certificates
- Section 62 Certificate relating to registration of title based on possession
- Section 63 Recovery of tax and penalties
- Section 64 Application of certain income tax provisions in relation to the collection and recovery of capital acquisitions tax, etc.
- Section 65 Evidence in proceedings for recovery of tax
- PART 9 (69-88A) Exemptions
- Section 69 Exemption of small gifts
- Section 70 Exemption for spouses (gifts)
- Section 71 Exemption for spouses (inheritances)
- Section 72 Relief in respect of certain policies of insurance
- Section 73 Relief in respect of certain policies of insurance relating to tax payable on gifts
- Section 74 Exemption of certain policies of assurance
- Section 75 Exemption of specified collective investment undertakings
- Section 76 Provisions relating to charities, etc.
- Section 77 Exemption of heritage property
- Section 78 Heritage property of companies
- Section 79 Exemption of certain inheritances taken by parents
- Section 80 Payments relating to retirement, etc.
- Section 81 Exemption of certain securities
- Section 82 Exemption of certain receipts
- Section 83 Exemption where disposition was made by the donee or successor
- Section 84 Exemption relating to qualifying expenses of incapacitated persons
- Section 85 Exemption relating to retirement benefits
- Section 86 Exemption relating to certain dwellings
- Section 87 Exemption of certain benefits
- Section 88 Exemption of certain transfers from capital acquisitions tax following the dissolution of a marriage or civil partnership
- Section 88A Certain transfers by qualified cohabitants
- PART 10 (89-107) Reliefs
- CHAPTER 2 Business Relief
- Section 90 Interpretation (Chapter 2)
- Section 91 Application (Chapter 2)
- Section 92 Business relief
- Section 93 Relevant business property
- Section 94 Minimum period of ownership
- Section 95 Replacements
- Section 96 Succession
- Section 97 Successive benefits
- Section 98 Value of business
- Section 99 Value of certain shares and securities
- Section 100 Exclusion of value of excepted assets
- Section 101 Withdrawal of relief
- Section 102 Avoidance of double relief
- PART 11 (108-117) Miscellaneous
- Section 108 Certificates for probate
- Section 109 Payment of money standing in names of 2 or more persons
- Section 110 Court to provide for payment of tax
- Section 111 Liability to tax in respect of certain sales and mortgages
- Section 112 References in deeds and wills, etc. to death duties
- Section 113 Tax, in relation to certain legislation
- Section 114 Delivery, service and evidence of notices and forms, etc.
- Section 115 Extension of certain Acts
- Section 116 Regulations
- Section 117 Care and management
- (b) EXTRACTS FROM TAXES CONSOLIDATION ACT, 1997 AS AMENDED UP TO FINANCE (No. 2) ACT 2013
- Section 7 Application to certain taxing statutes of Age of Majority Act, 1985
- Section 8 Construction of certain taxing statutes in accordance with Status of Children Act, 1987
- Section 176 Purchase of unquoted shares by issuing company or its subsidiary
- Section 189A Special trusts for permanently incapacitated individuals
- Section 431 Certain companies with quoted shares not to be close companies
- Section 730GB Capital acquisitions tax: set-off
- Section 811 Transactions to avoid liability to tax
- Section 811A Transactions to avoid liability to tax: surcharge, interest and protective notification
- Section 817D Interpretation and general (Chapter 3)
- Section 817E Duty of promoter
- Section 817F Duty of person where promoter is outside the State
- Section 817G Duty of person where there is no promoter
- Section 817H Duty of person where legal professional privilege claimed
- Section 817I Pre-disclosure enquiry
- Section 817J Legal professional privilege
- Section 817K Supplemental information
- Section 817L Duty of marketer to disclose
- Section 817M Duty of promoter to provide client list
- Section 817N Supplemental matters
- Section 817O Penalties
- Section 817P Appeal Commissioners
- Section 817Q Regulations (Chapter 3)
- Section 817R Nomination of Revenue Officers
- Section 818 Interpretation (Part 34)
- Section 819 Residence
- Section 820 Ordinary residence
- Section 822 Split year residence
- Section 824 Appeals
- Section 825 Residence treatment of donors of gifts to the State
- Section 851A Confidentiality of taxpayer information
- Section 858 Evidence of authorisation
- Section 859 Anonymity of authorised officers in relation to certain matters
- Section 865B No offset where repayment prohibited
- Section 872 Use of information relating to other taxes and duties
- Section 874A Prescribing of forms, etc
- Section 887 Use of electronic data processing
- Section 896A Returns in relation to settlements and trusts
- Section 900 Power to call for production of books, information, etc
- Section 901 Application to High Court: production of books, information, etc.
- Section 902 Information to be furnished by third party: request of an authorised officer
- Section 902A Application to High Court: information from third party
- Section 904K Power of inspection: notices of attachment
- Section 905 Inspection of documents and records
- Section 906 Authorised officers and Garda Síochána
- Section 906A Information to be furnished by financial institutions
- Section 907 Application to Appeal Commissioners: information from financial institutions
- Section 907A Application to Appeal Commissioners: information from third party
- Section 908 Application to High Court seeking order requiring information: financial institutions
- Section 908A Revenue offence: power to obtain information from financial institutions
- Section 908B Application to High Court seeking order requiring information: associated institutions
- Section 908C Search warrants
- Section 908D Order to produce evidential material
- Section 908E Order to produce documents or provide information
- Section 908F Privileged legal material
- Section 910 Power to obtain information from a Minister of the Government or public body
- Section 912 Computer documents and records
- Section 912A Information for tax authorities in other territories
- Section 917D Interpretation (Chapter 6)
- Section 917E Application
- Section 917EA Mandatory electronic filing and payment of tax
- Section 917F Electronic transmission of returns
- Section 917G Approved persons
- Section 917H Approved transmissions
- Section 917J Acknowledgement of electronic transmissions
- Section 917K Hard copies
- Section 917L Exercise of powers
- Section 917M Proceedings
- Section 917N Miscellaneous
- Section 928 Transmission to Collector-General of particulars of sums to be collected
- Section 951 Obligation to make a return
- Section 960A Interpretation
- Section 960B Discharge of Collector-General's functions
- Section 960C Tax to be due and payable to Revenue Commissioners
- Section 960D Tax to be debt due to Minister for Finance
- Section 960E Collection of tax, issue of demands, etc.
- Section 960EA Payment of tax by relevant payment methods
- Section 960F Moneys received for capital acquisitions tax and stamp duties and not appropriated to be recoverable
- Section 960G Duty of taxpayer to identify liability against which payment to be set, etc.
- Section 960H Offset between taxes
- Section 960I Recovery of tax by way of civil proceedings
- Section 960J Evidential and procedural rules
- Section 960K Judgments for recovery of tax
- Section 960L Recovery by sheriff or county registrar
- Section 960M Taking by Collector-General of proceedings in bankruptcy
- Section 960N Continuance of pending proceedings and evidence in proceedings
- Section 960R Power to require statement of affairs, security, etc.
- Section 980 Deduction from consideration on disposal of certain assets
- Section 1002 Deduction from payments due to defaulters of amounts due in relation to tax
- Section 1003 Payment of tax by means of donation of heritage items
- Section 1003A Payment of tax by means of donation of heritage property to an Irish heritage trust
- Section 1006 Poundage and certain other fees due to sheriffs or county registrars
- Section 1006A Offset between taxes
- Section 1077A Interpretation (Chapter 3A)
- Section 1077B Penalty notifications and determinations
- Section 1077C Recovery of penalties
- Section 1077D Proceedings against executor, administrator or estate
- Section 1077E Penalty for deliberately or carelessly making incorrect returns, etc.
- Section 1078 Revenue offences
- Section 1078A Concealing facts disclosed by documents
- Section 1078B Presumptions
- Section 1078C Provision of information to juries
- Section 1079 Duties of relevant person in relation to certain revenue offences
- Section 1086 Publication of names of tax defaulters
- Section 1089 Status of interest on certain unpaid taxes and duties
- Section 1093 Disclosure of information to Ombudsman
- Section 1094 Tax clearances in relation to certain licences
- Section 1096B Evidence of computer stored records in court proceedings etc.
- OTHER RELEVANT LEGISLATION
- (a) ACTS
- PROVISIONAL COLLECTION OF TAXES ACT, 1927
- Section 1 Definition
- Section 2 Certain resolutions to have statutory effect
- Section 3 Application of general taxing enactments
- Section 4 Duration of statutory effect of resolution
- Section 4A Effect of dissolution of Dáil Éireann
- Section 5 Repayment of certain payments and deductions
- Section 6 Certain payments and deductions deemed to be legal
- Section 7 Repeal
- Section 8 Short title
- INTERPRETATION ACT 2005
- Section 1 Short title and commencement
- Section 2 Interpretation
- Section 3 Repeals and savings
- Section 4 Application
- Section 5 Construing ambiguous or obscure provisions, etc
- Section 6 Construing provisions in changing circumstances
- Section 7 Supplemental provision to sections 5 and 6
- Section 8 Reading provisions together as one and summary proceedings for offences
- Section 9 References in enactments to Parts, etc.
- Section 10 Enactment always speaking
- Section 11 References in enactments to examples
- Section 12 Deviation from form
- Section 13 Judicial notice
- Section 14 Citation and references to amended enactments
- Section 15 Date of passing of Acts of Oireachtas
- Section 16 Commencement
- Section 17 Exercise of statutory powers before commencement of Act
- Section 18 General rules of construction
- Section 19 Construction of statutory instruments
- Section 20 Interpretation provisions
- Section 21 Interpretation of words and expressions in Schedule
- Section 22 Powers under enactments
- Section 23 Duties under enactments
- Section 24 Rules of court
- Section 25 Service by post
- Section 26 Repeals and substitutions
- Section 27 Effect of repeal of enactment
- SCHEDULE
- Part 1 Interpretation of Particular Words and Expressions
- Part 2
- (b) RULES, REGULATIONS AND ORDERS
- THE LANDS VALUES (REFEREE)(IRELAND) RULES, 1911
- Rule 1 Short Title
- Rule 2 Interpretation
- Rule 4 Withdrawal of appeal
- Rule 5 Time for notice of appeal
- Rule 6 Extension of time for giving notice by appellant
- Rule 8 Consideration of appeal by referee
- Rule 9 Appellant limited to grounds of appeal
- Rule 10 Decision of referee
- Rule 12 Appearance of third parties
- Rule 13 Alteration of valuation, &c., by Commissioners
- Rule 15 Informalities not necessarily to invalidate proceedings
- Schedule I Finance (1909–10) Act, 1910
- Schedule II Finance (1909–10) Act, 1910
- Schedule III Finance (1909–10) Act, 1910
- S. I. No. 91 of 1961 Property Values (Arbitrations and Appeals) Rules, 1961
- S. I. No. 279 of 1978 Double Taxation Relief (Taxes on Estates of Deceased Persons and Inheritances and on Gifts) (United Kingdom) Order, 1978
- S. I. No. 28 of 1987 Capital Acquisitions Tax (Heritage Houses and Gardens) Regulations, 1987
- S. I. No. 443 of 2003 Taxes (Electronic Transmission of Capital Acquisitions Tax Returns) (Specified Provisions and Appointed Day) Order 2003
- S. I. No. 282 of 2010 Capital Acquisitions Tax Consolidation Act 2003 (Section 46(2B)) (Appointed Day) Order 2010