Family Law Act, 1995

Exemption of certain transfers from capital acquisitions tax.

51.—(1) Notwithstanding the provisions of the Capital Acquisitions Tax Act, 1976 , a gift or inheritance (within the meaning, in each case, of that Act) taken by virtue or in consequence of an order to which this subsection applies by a spouse who was a party to the marriage concerned shall be exempt from any capital acquisitions tax under that Act and shall not be taken into account in computing such a tax.

(2) Subsection (1) applies to—

(a) a relief order or an order under section 25 made following the dissolution of a marriage,

(b) a maintenance pending relief order made following the granting of leave under section 23 (3) to a spouse whose marriage has been dissolved, and

(c) an order referred to in section 41 (a), or an order under section 42 (1) made in addition to or instead of an order under section 41 (a), in favour of a spouse whose marriage has been dissolved.