Finance Act 2010 – Changes to Probate & Capital Acquisition Tax

Deaths Occurring on or after 5 December 2001

Important notice about the changes to Probate and CAT administration

As and from 14th of June 2010

Probate

• Revenue will no longer issue High Court certificates in connection with applications for Grants of Representation for deceased persons who died on or after the 5th day of December 2001. Consequently, there will be no requirement in these cases to send the Inland Revenue Affidavit to the Revenue Commissioners prior to submission to the Probate Office.
• A new version of the Inland Revenue Affidavit is available and must be submitted, in duplicate, to the Probate Office. Supplies of the Inland Revenue Affidavit (form CA24) may be ordered online. The Probate Office will not accept older versions of the Inland Revenue Affidavit.

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CAT

• A new fixed pay & file date of 31st of October, for all valuation dates falling in the 12 month period commencing on 1st of September and ending on 31st August, will be introduced for Gift and Inheritance Tax.
• A new electronic gift and inheritance tax return (Form IT38) will be available through ROS (Revenue’s On-line Service). This new return can be used for all tax years from 2001.
• There is a requirement to electronically file the gift and inheritance tax return, except in the circumstances outlined below.
• A new paper gift and inheritance tax return (Form IT38S) will be available but can only be used if the taxpayer meets the following criteria:
  1. No relief/exemption/credit is claimed, apart from small gift exemption.
  2. The benefit taken is an absolute interest without conditions or restrictions.
  3. The property included in the return was taken from only one Disponer and is not part of a larger benefit
• The old version of Form IT38 may not be used in respect of valuation dates on or after 14 June 2010.
• Returns filed though ROS in respect of valuations dates commencing on 1 September 2009 and ending on 31 August 2010 will be accepted as filed on time where the return is made by 31 October 2010. Where the return and payment is made through ROS, the extended filing date will also apply.

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Filing of IT38s

• From the 14th of June all Form IT38s, for deaths occurring on or after 5th December 2001, can be filed and payment made online through ROS.
• It will be mandatory to file online through ROS where a valuation date is on or after the 14th June 2010 unless a taxpayer can meet the following criteria:
  1. No relief/exemption/credit is claimed, apart from small gift exemption.
  2. The benefit taken is an absolute interest without conditions or restrictions.
  3. The property included in the return was taken from only one Disponer and is not part of a larger benefit
• If a taxpayer meets these criteria he/she may use the new Form IT38S. Please note that the old Form IT38 may not be used in respect of valuation dates on or after 14 June 2010.
• From the 14th of June all paper IT38s, for deaths occurring on or after 5th December 2001, should be sent to the following address:

  Collector General
  PO Box 354
  Limerick

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Transitional Arrangements for CA24s

Revenue and the Probate Office are requesting that practitioners no longer submit the current version of the Inland Revenue Affidavit to Revenue in connection with the issue of a High Court certificate from the 31st May 2010. This is to allow Revenue to issue certificates for applications already on hand at that date.

The Probate Office will continue to accept all cases in which practitioners obtain or have already obtained a High Court Certificate from the Revenue. In all other instances, practitioners are requested to submit completed copies of the new version of the Inland Revenue Affidavit directly to the Probate Office from 14 June 2010.

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