Finance Act, 1993


Capital Acquisitions Tax

Chapter I

Taxation of Assets Passing on Inheritance (Probate Tax)

Interpretation ( Chapter I ).

109.—(1) In this Chapter, except where the context otherwise requires—

“the Act of 1965” means the Succession Act, 1965 ;

“the consumer price index number” means the All Items Consumer Price Index Number for a year as compiled by the Central Statistics Office and expressed on the basis that the consumer price index number at mid-November, 1989, is 100;

“the deceased”, in relation to the disposition referred to in section 110 (1), means the disponer;

“dependent child”, in relation to the deceased, means a child who at the time of the deceased's death—

(a) was living and had not attained the age of 18 years, or

(b) was receiving full-time education or instruction at any university, college, school or other educational establishment and was under the age of 21 years or, if over the age of 21 years, was receiving such full-time education or instruction continuously since before attaining the age of 21 years;

“dependent relative”, in relation to the deceased, has the meaning assigned to it by subsection (9A) (a) (inserted by the Finance Act, 1979 ) of section 25 of the Capital Gains Tax Act, 1975 ;

“the dwelling-house” means—

(a) a dwelling-house, or part of a dwelling-house, which was occupied by the deceased as his only or principal place of residence, at the date of his death,

(b) the curtilage of the dwelling-house which the deceased had for his own use and enjoyment with that dwelling-house up to an area (exclusive of the site of the dwelling-house) of one acre, and

(c) furniture and household effects being the normal contents of the dwelling-house:

Provided that—

(i) in the case of a dwelling-house, part of which was used mainly for the purpose of a trade, business, profession or vocation or was let, this definition shall not apply to the part so used or let, and

(ii) in a case where more than one dwelling-house is included in the estate of the deceased, and more than one such dwelling-house is used equally as a place of residence this definition shall apply only to one dwelling-house so used;

“the estate of the deceased” means the real and personal estate of the deceased as defined by section 10 (4) of the Act of 1965;

“the net market value of the dwelling-house” means the market value of the dwelling-house at the date of death of the deceased or, if less, that market value less the market value at that date of any sum which is charged or secured on the dwelling-house by the will, or other testamentary disposition, of the deceased and which is comprised in the share of an object of the relevant trust in the estate of the deceased, other than the share of a person whose place of normal residence was at that date the dwelling-house and who was on that date a dependent child or dependent relative of the deceased;

“object”, in relation to a relevant trust, means a person entitled to a share in the estate of the deceased (otherwise than as a creditor);

“occupied”, in relation to a dwelling-house or part of a dwelling-house, means having the use thereof, whether actually used or not;

“the Principal Act” means the Capital Acquisitions Tax Act, 1976 ;

“relevant threshold” means £10,000 multiplied by the figure, rounded to the nearest third decimal place, determined by dividing by 108.2 the consumer price index number for the year immediately preceding the year in which the death of the deceased occurred;

“relevant trust” means—

(a) any trust under which, by virtue of the provisions of section 10 (3) of the Act of 1965, the executors of a deceased person hold the estate of the deceased as trustees for the persons by law entitled thereto, or

(b) any trust of which, by virtue of section 110 (3), the President of the High Court is deemed to be a trustee;

“share”, in relation to the estate of the deceased, includes any share or interest, whether arising—

(a) under a will or other testamentary disposition, or

(b) on intestacy, or

(c) as a legal right under section 111 of the Act of 1965, or

(d) as the subject of an order under section 117 (as amended by the Status of Children Act, 1987 ) of the Act of 1965, or

(e) in accordance with the law of another country,

and includes also the right to the entire of the estate of the deceased.

(2) A reference in this Act or in any Act of the Oireachtas passed after the passing of this Act to probate tax shall, unless the contrary intention appears, be construed as a reference to the tax chargeable on the taxable value of a taxable inheritance which is charged to tax by virtue of section 110 .