Finance Act 2010 – Changes to Probate & Capital Acquisition Tax (CAT)
As readers will be aware, Finance Act 2010 introduced significant changes to CAT and probate requirements. Certain changes including the abolition of the status of CAT as a charge on property, the abolition of secondary accountability, and the revised clearance threshold of €50,000 came into effect from 3 April 2010. All other changes will come into effect on 14 June 2010. Revenue has published a notice on their website on these changes.
Among the main changes to probate and CAT administration are:
- Revenue will no longer issue High Court certificates in connection with applications for Grants of Representation for deceased persons who died on or after 5 December 2001
- A new version of the Inland Revenue Affidavit is available and must be submitted, in duplicate, to the Probate Office
- A new fixed pay & file date of 31 October, for all valuation dates falling in the 12 month period commencing on 1 September and ending on 31 August
- A new electronic gift and inheritance tax return (Form IT38) will be available through ROS which can be used for all tax years from 2001
- A requirement to electronically file the Form IT38, however, certain exceptions apply
- From the 14 June all Form IT38s, for deaths occurring on or after 5 December 2001, can be filed and payment made online through ROS
- A mandatory requirement to file online through ROS where a valuation date is on or after the 14th June 2010 unless a taxpayer satisfies certain criteria
Further details on these changes and further changes are outlined in Revenue's note which is available here.
Readers should refer to the April issue of tax.point in which Fay Kearney (Office of the Revenue Commissioners) writes on the changes to the CAT and probate requirements.