Capital Acquisitions Tax Consolidation Act 2003 section 48

Affidavits and accounts

Section 48 dealt with the Inland Revenue Affidavit previously required on application for a grant of probate or letters of administration. Most of the section was repealed by Finance Act 2019 to facilitate the transition to e-Probate, but subsections (3), (10) and (11) remain in force.

• The Inland Revenue Affidavit process was abolished with effect from 14 September 2020; estate information is now submitted to Revenue via an online Statement of Affairs form under section 48A.
• Where the deceased held a limited interest in property, the trustees of that property must deliver an account to Revenue containing details of all inheritances arising on the death, including the name, address and relationship to the disponer of each person taking an inheritance.
• An applicant for probate or letters of administration must appoint an Irish-based solicitor where non-resident beneficiaries receive property worth more than €20,000, the applicant is resident outside the State, and a CAT return would be required. That solicitor (or an Irish resident personal representative, where one exists) acts as agent for the non-resident beneficiary under section 45AA, with liability limited to the funds under the agent's control.
• An agreed procedure between Revenue and the Law Society allows the agent to write to Revenue before distributing assets to a non-resident beneficiary, giving Revenue one calendar month to indicate whether a compliance intervention is intended, thereby helping to limit the agent's personal exposure.