Capital Acquisitions Tax Consolidation Act 2003 section 2A

Provisions relating to affected persons

Section 2A addresses the capital acquisitions tax implications for individuals affected by incorrect birth registrations, allowing them to be treated as the children of their social parents for tax purposes.

• The section adopts the definitions of "affected person", "social father" and "social mother" from the Succession Act 1965, covering individuals whose birth registrations contain false or misleading information about their parentage.
• For CAT purposes, the relationship between an affected person and their social parents is treated as equivalent to the relationship with their birth parents, and all other family relationships are determined accordingly.
• An individual who receives a gift or inheritance from a disponer to whom they are related through their social parents may elect whether this equivalent treatment should apply for CAT purposes.
• Where an individual makes such an election in respect of a particular disponer, it applies to all benefits — both gifts and inheritances — taken from that same disponer.