Taxable benefits

To be chargeable, a gift (s 6) or inheritance (s 11) must be taxable.

A gift is taxable if:

  • the disponer was resident or ordinarily resident in Ireland (ROI) at the date of the disposition, or at the date of the gift, or
  • the donee was resident or ordinarily resident in ROI at the date of the gift.

Otherwise, only the part or proportion of the property situate in the ROI at the date of the gift is taxable.

An inheritance is taxable if:

  • the disponer was resident or ordinarily resident in ROI at the date of the disposition, i.e., the date of death, or
  • the successor was resident or ordinarily resident in ROI at the date of the inheritance.

Otherwise, only the part or proportion of the property situate in the ROI at the date of the gift is taxable.

A non-Irish domiciled person can only be regarded as ROI resident or ordinarily resident for CAT purposes if he has been continuously ROI resident for the five year period ending on the date of the gift or inheritance.

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