Capital Acquisitions Tax Consolidation Act 2003 section 11

Taxable inheritance

Section 11 defines what constitutes a "taxable inheritance" for the purposes of Capital Acquisitions Tax, setting out the circumstances in which an inheritance, or part of an inheritance, is chargeable to tax.

• For dispositions made on or after 1 December 1999, the entire inheritance is taxable if the disponer is resident or ordinarily resident in the State at the date of the disposition, or if the successor is resident or ordinarily resident in the State at the date of the inheritance.
• For dispositions made before 1 December 1999, the entire inheritance is taxable if the disponer is domiciled in the State at the date of the disposition; otherwise, only the portion of the property situated in the State is taxable.
• A foreign-domiciled person is not treated as resident or ordinarily resident in the State unless the relevant date falls on or after 1 December 2004 and the person has been resident in the State for the five consecutive tax years immediately preceding that date.
• Shares in Irish-registered companies are deemed to be situated in the State, and an anti-avoidance rule prevents the use of foreign private companies to shelter underlying Irish assets from tax.