Capital Acquisitions Tax Consolidation Act 2003 section 76

Section 76 exempts gifts and inheritances taken for public or charitable purposes from Capital Acquisitions Tax (CAT), and sets out the conditions under which the exemption applies.

  • A benefit taken for public or charitable purposes is exempt from CAT, provided Revenue are satisfied it has been or will be applied for purposes regarded as charitable under Irish law. The purposes may be inside or outside the State.
  • Such a benefit is deemed to have been taken beneficially and is subject to the "stranger" group threshold (Group C under Schedule 2).
  • A benefit arising from the application of property (including State or local authority funds) for public or charitable purposes is also exempt from CAT.
  • The exemption does not apply where public moneys are applied for a person's benefit under a superannuation scheme administered by a public or charitable body (section 80(5)).

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