S.I. No. 341/2020 - Capital Acquisitions Tax (Electronic Probate) Regulations 2020

1. Name.

2. Postal address.

3. PPS number.

4. Date of birth.

5. Country of Residence and ordinary residence at date of death.

6. Country of domicile at date of death.

7. Relationship of each beneficiary to the deceased person.

8. Value of any benefit transferring to each beneficiary.

9. Group threshold amount relevant for any benefit transferring.

10. Value of prior aggregable benefits received by each beneficiary within each group threshold under Schedule 2 of the Act of 2003 since 5 December 1991.

11. Aggregated value of benefits received by each beneficiary where that value exceeds €12,000.

GIVEN under my hand,

10 September 2020

NIALL CODY,

Revenue Commissioner.

EXPLANATORY NOTE

(

This note is not part of the instrument and does not purport to be a legal interpretation.

)

Section 48A (inserted by section 63(1)(b) of the

Finance Act 2019

) of the

Capital Acquisitions Tax Consolidation Act 2003

provides for information to be delivered to Revenue where a person intends to apply for probate in respect of the estate of a deceased person.

These Regulations specify the nature of the information to be delivered to Revenue together with associated matters relating to such delivery (for example the requirement to deliver the information by electronic means) where probate is being applied for on or after 14 September 2020.

The Regulations also include provision for communications between Revenue and the Probate Office.

12. Debts owing to the deceased person.

13. Other assets.

SCHEDULE 4

INFORMATION RELATING TO BENEFICIARIES

14. Gross value of property outside the State.

15. Discretionary trusts created by the deceased person.

16. Limited interests held by the deceased person at the date of his or her death.

17. Dispositions made by the deceased person subject to a power of revocation.

18. Transfers of interests in property resulting from the deceased person’s exercise, or failure to exercise, a general power of appointment.

19. Benefits transferring in the State under a nomination or by survivorship on the death of the deceased person.

20. Benefits transferring outside of the State under a nomination or by survivorship on the death of the deceased person.

21. Charitable donations in the deceased person’s will.

22. Surrender of life interests by the deceased person prior to his or her death.

23. Use of the deceased person’s property free of charge or for less than full consideration prior to his or her death.

24. Entitlement to interests in expectancy arising on the death of the deceased person.

25. Payments received from the Department of Social Protection, Community and Rural Development and the Islands.

26. Elections made under section 115 of the Act of 1965 by a surviving spouse or civil partner.

SCHEDULE 3

INFORMATION RELATING TO ASSETS COMPRISING THE ESTATE OF A DECEASED PERSON

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

15

th September,

2020.

The Revenue Commissioners, in exercise of the powers conferred on them by section 48A(3) (inserted by

section 63

of the

Finance Act 2019

(No. 45 of 2019)) of the

Capital Acquisitions Tax Consolidation Act 2003

(No. 1 of 2003), hereby make the following Regulations

Citation and Commencement