Dáil Éireann - Volume 611 - 06 December, 2005

Written Answers. - Tax Code.

  233. Mr. Perry asked the Minister for Finance if the liability of a person (details supplied) in County Sligo will be waived or reduced; and if he will make a statement on the matter. [37566/05]

  Mr. Cowen: I am advised by the Revenue Commissioners that, for the purpose of capital gains tax, the date of disposal is the date of the contract unless the contract is conditional, in which event the time of disposal is the time when the conditions are satisfied. In the case of the person in question, he disposed of property by way of contract dated 2 December 2003 without any special conditions that would alter that date. I am further advised by the Revenue Commissioners that the capital gains tax on this disposal became due and payable on or before 31 January 2004. Payment of this liability was not made, however, until 29 November 2004 and, accordingly, the Revenue Commissioners had to charge interest in this case in accordance with the legislation.

  234. Mr. O’Shea asked the Minister for Finance if an exemption form for a capital acquisition tax form will be accepted; if a person (details supplied) in County Waterford is exempt from capital acquisition tax; and if he will make a statement on the matter. [37618/05]

  Mr. Cowen: I am advised by the Revenue Commissioners that this may be a situation where dwelling house relief under section 151 of the Finance Act 2000 applies. This section provides that gifts or inheritances of a dwelling-house taken on or after 1 December 1999, will be exempt from capital acquisitions tax provided that the following conditions are complied with: the recipient must have occupied the dwelling house continuously as his or her only or main residence for a period of [1273] three years prior to the date of the gift or inheritance; the recipient must not at the date of the gift or inheritance be beneficially entitled to any other dwelling-house or to any interest in any other dwelling house; the recipient must continue, except where such recipient was aged 55 years at the date of the gift or inheritance or has died, to occupy that dwelling-house as his or her only or main residence for a period of six years commencing on the date of the gift or inheritance.

In accordance with section 46(2) of the Capital Acquisitions Tax Consolidation Act 2003, a return must be delivered before a capital acquisitions tax or CAT exemption can be granted. Where a CAT exemption is being claimed, the donor’s personal details are required, to include where possible an Irish PPS number. However, with regard to this particular case, the Revenue Commissioners have advised that they will process the tax return without this number.