Capital Acquisitions Tax Act, 1976

Taxable gift.

6.—(1) In this Act, “taxable gift” means—

(a) in the case of a gift, other than a gift taken under a discretionary trust, where—

(i) the disponer is domiciled in the State at the date of the disposition under which the donee takes the gift;

or

(ii) the proper law of the disposition under which the donee takes the gift is, at the date of the disposition, the law of the State,

the whole of the gift;

(b) in the case of a gift taken under a discretionary trust where—

(i) the disponer is domiciled in the State at the date of the gift or was (in the case of a gift taken after his death) so domiciled at the time of his death; or

(ii) the proper law of the discretionary trust at the date of the gift is the law of the State,

the whole of the gift; and

(c) in any other case, so much of the property of which the gift consists as is situate in the State at the date of the gift.

(2) For the purposes of subsection (1) (c), a right to the proceeds of sale of property shall be deemed to be situate in the State to the extent that such property is unsold and situate in the State.

(3) Notwithstanding anything contained in subsection (1), no part of the property of which a gift consists shall be a taxable gift where—

(a) the gift is taken prior to the 1st day of April, 1975; and

(b) the disponer in relation to the gift dies prior to that date.