Legalize
Legalize / Ireland / Act

Finance (No. 3) Act 2011

Type Act
Publication 2011-07-27
State In force
Source Irish Statute Book
articles 5
Reform history JSON API
Item No. Provision amended Words to be deleted Words to be inserted
(1) (2) (3) (4)
1 section 1(1) “civil partner” means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; “civil partnership” means— (a) a civil partnership registration referred to in section 3(a) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or (b) a legal relationship referred to in section 3(b) of that Act;
2 section 18 spouse spouse or civil partner
3 section 81AA spouse spouse or civil partner
4 section 93 spouse spouse or civil partner
5 section 96(1) by a spouse or spouses of a marriage to either spouse or to both spouses of that marriage. by a spouse or spouses of a marriage to either spouse or to both spouses of that marriage, or by a civil partner or the civil partners in a civil partnership to either civil partner or both civil partners in that civil partnership.
6 section 96(2) spouse spouse or civil partner
7 section 97(1) either or both of the spouses who were parties to the marriage concerned either or both of the spouses or the civil partners who were parties to the marriage or the civil partnership concerned, as the case may be,
8 section 97(2)(a)(ii) Family Law (Divorce) Act, 1996, or Family Law (Divorce) Act 1996 or Part 12 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or
9 section 97(2)(a)(iii) a marriage a marriage or a civil partnership
10 section 97(2)(b) spouses spouses or civil partners
11 new section 97A Certain transfers by cohabitants. 97A.—(1) Stamp duty shall not be chargeable on an instrument executed on or after 1 January 2011 by which property is transferred pursuant to an order under section 174 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 by a cohabitant (within the meaning of that Act) to his or her cohabitant. (2) Subsection (1) does not apply in relation to an instrument referred to in that subsection by which any part of or beneficial interest in the property concerned is transferred to a person other than the cohabitants concerned. (3) Section 30(3) shall not apply to a transfer to which subsection (1) applies.
12 Schedule 1, paragraph 15 Where paragraphs (7) to (13) apply in the case of a conveyance or transfer on sale or in the case of a conveyance or transfer operating as a voluntary disposition inter vivos the instrument contains a certificate by the party to whom the property is being conveyed or transferred to the effect that the person becoming entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest in the property, each of them) is related to the person or each of the persons immediately theretofore entitled to the entire beneficial interest in the property in one or other of the following ways, that is, as a lineal descendant, parent, grandparent, step-parent, husband or wife, brother or sister of a parent or brother or sister, or lineal descendant of a parent, husband or wife or brother or sister Where paragraphs (7) to (13) apply in the case of a conveyance or transfer on sale or in the case of a conveyance or transfer operating as a voluntary disposition inter vivos the instrument contains a certificate by the party to whom the property is being conveyed or transferred to the effect that the person becoming entitled to the entire beneficial interest in the property (or, where more than one person becomes entitled to a beneficial interest in the property, each of them) is related to the person or each of the persons immediately theretofore entitled to the entire beneficial interest in the property in one or other of the following ways, that is, as a lineal descendant, parent, grandparent, step-parent, husband or wife, brother or sister of a parent or brother or sister, or lineal descendant of a parent, husband or wife or brother or sister, or is, as respects the person or each of the persons immediately theretofore entitled, his or her civil partner, the civil partner of either of his or her parents or a lineal descendant of his or her civil partner

SCHEDULE 3 Amendments of Capital Acquisitions Tax Consolidation Act 2003

Item No. Provision amended Words to be deleted Words to be inserted
(1) (2) (3) (4)
1 section 2(1) “child of the civil partner” in relation to an individual, means a child of the individual’s civil partner who was born before the registration of their civil partnership or during their civil partnership; “civil partner” means a civil partner within the meaning of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; “civil partnership” means— (a) a civil partnership registration referred to in section 3(a) of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, or (b) a legal relationship referred to in section 3(b) of that Act; “decree of dissolution” means a decree under section 110 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010; “surviving civil partner”, in relation to 2 individuals who were civil partners of each other until the death of one of them, means the civil partner other than the civil partner who died;
2 section 2(1) in paragraph (m) of the definition of “disposition” the payment of a share as a legal right under Part IX of the Succession Act 1965, to a deceased person’s spouse, or the making of provision for a widow or child of a deceased person under section 56 or section 117 of the Succession Act 1965, or an analogous share or provision paid or made on the death of a deceased person to or for the benefit of any person under the law of another territory, the payment of a share as a legal right under Part IX of the Succession Act 1965, to a deceased person’s spouse or civil partner, or the making of provision for a widow, surviving civil partner or child of a deceased person under section 56 or section 117 of the Succession Act 1965, or an analogous share or provision paid or made on the death of a deceased person to or for the benefit of any person under the law of another territory,
3 section 5(4) relative of the person becomes relative of the person, the civil partner of the person, or a child of the civil partner of the person, becomes
4 section 14 in the definition of “principal objects” “principal objects”, in relation to a discretionary trust, means such objects, if any, of the trust for the time being as are— (a) the spouse of the disponer, (b) the children of the disponer, or (c) the children of a child of the disponer, where such child predeceased the disponer. “principal objects”, in relation to a discretionary trust, means such objects, if any, of the trust for the time being as are— (a) the spouse or civil partner of the disponer, (b) the children of the disponer, (c) the children of the civil partner of the disponer, (d) the children of a child of the disponer, where such child predeceased the disponer, (e) the children of a child of the civil partner of the disponer, where such child predeceased the disponer, (f) the children of the civil partner of a child of the disponer, where such child predeceased the disponer, or (g) the children of the civil partner of a child of the civil partner of the disponer, where such child predeceased the disponer.
5 section 27(1) in the definition of “group of shares” “group of shares”, in relation to a private company, means the aggregate of the shares in the company of the donee or successor, the relatives of the donee or successor, nominees of the donee or successor, nominees of relatives of the donee or successor, and the trustees of a settlement whose objects include the donee or successor or relatives of the donee or successor; “group of shares”, in relation to a private company, means the aggregate of the shares in the company of— (a) the donee or successor, (b) the relatives, civil partner or children of the civil partner, of the donee or successor, (c) nominees of the donee or successor, (d) nominees of— (i) relatives of the donee or successor, (ii) the civil partner of the donee or successor, or (iii) children of the civil partner of the donee or successor, and (e) the trustees of a settlement whose objects include— (i) the donee or successor, (ii) relatives of the donee or successor, (iii) the civil partner of the donee or successor, or (iv) the children of the civil partner of the donee or successor;
6 section 27(2)(b)(i) (i) such benefit as would be appropriate to the ownership of that interest if the second-mentioned company were under the control of the first-mentioned company in the same manner as (on the date on which the market value is to be ascertained) the second-mentioned company is under the control of the following, that is, the first-mentioned company, the donee or successor, the relatives of the donee or successor, nominees of the donee or successor, nominees of relatives of the donee or successor, and the trustees of a settlement whose objects include the donee or successor or relatives of the donee or successor, or (i) such benefit as would be appropriate to the ownership of that interest if the second-mentioned company were under the control of the first-mentioned company in the same manner as (on the date on which the market value is to be ascertained) the second-mentioned company is under the control of any of the following: (i) the first-mentioned company; (ii) the donee or successor; (iii) the relatives, civil partner or children of the civil partner, of the donee or successor; (iv) nominees of the donee or successor; (v) nominees of relatives, the civil partner or children of the civil partner, of the donee or successor; (vi) the trustees of a settlement whose objects include— (A) the donee or successor, or (B) relatives, the civil partner or children of the civil partner, of the donee or successor, or
7 section 27(3) (3) In this section, a reference to a company controlled by the donee or successor is a reference to a company that is under the control of any one or more of the following, that is, the donee or successor, the relatives of the donee or successor, nominees of the donee or successor, nominees of relatives of the donee or successor, and the trustees of a settlement whose objects include the donee or successor or relatives of the donee or successor; and for the purposes of this section, a company which is so controlled by the donee or successor shall be regarded as being itself a relative of the donee or successor. (3) In this section, a reference to a company controlled by the donee or successor is a reference to a company that is under the control of any one or more of the following: (a) the donee or successor; (b) the relatives, civil partner or children of the civil partner, of the donee or successor; (c) nominees of the donee or successor; (d) nominees of relatives, the civil partner or children of the civil partner, of the donee or successor; (e) the trustees of a settlement whose objects include— (i) the donee or successor, or (ii) relatives, the civil partner or children of the civil partner, of the donee or successor, and for the purposes of this section, a company which is so controlled by the donee or successor shall be regarded as being itself a relative of the donee or successor.
8 section 27(4)(a)(i) (i) persons who are relatives of any other person together with that other person, (i) persons who are— (i) relatives of any other person, (ii) the civil partner of any other person, or (iii) children of the civil partner of any other person, together with that other person,
9 section 70 spouse spouse or civil partner
10 section 71 spouse spouse or civil partner
11 section 72 spouse spouse or civil partner
12 section 72 spouses spouses or civil partners
13 section 73 in the definition of “insured” spouse spouse or civil partner
14 section 77(4) spouse spouse or civil partner
15 section 78(6) spouse spouse or civil partner
16 section 82(2) spouse or child spouse, civil partner, child or child of the civil partner
17 section 82(4) a minor child a minor child or a minor child of the civil partner
18 section 82(4) that minor child that minor child or minor child of the civil partner
19 section 85(1) spouse spouse or civil partner
20 section 85(2)(b) child of the disponer child of the disponer or of the civil partner of the disponer
21 section 88 and new section 88A Exemption of certain transfers from capital acquisitions tax followingthe dissolution of amarriage. 88.—(1) Notwithstanding any other provision of this Act, a gift or inheritance 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 is exempt from tax and is not taken into account in computing tax. (2) Subsection (1) applies— (a) to a relief order or an order under section 25 of the Family Law Act 1995, made, following the dissolution of a marriage, or (b) to a maintenance pending relief order made, following the granting of leave under section 23(3) of the Family Law Act 1995, to a spouse whose marriage has been dissolved, (c) to an order referred to in section 41(a) of the Family Law Act 1995, or an order under section 42(1) of that Act made in addition to or instead of an order under section 41(a) of that Act, in favour of a spouse whose marriage has been dissolved, (d) to an order under Part III of the Family Law (Divorce) Act 1996, and (e) to an order or other determination to like effect, made on or after 10 February 2000, which is analogous to an order referred to in paragraph (a), (b), (c) or (d), of a court under the law of another territory made under or in consequence of the dissolution of a marriage, being a dissolution that is entitled to be recognised as valid in the State. Exemption of certain transfers from capital acquisitions tax following dissolution of marriage or civil partnership. 88.—(1) Notwithstanding any other provision of this Act, a gift or inheritance taken by virtue or in consequence of an order to which this subsection applies by an individual who was a party to the marriage concerned, or to the civil partnership concerned, is exempt from tax and is not taken into account in computing tax. (2) Subsection (1) applies— (a) to a relief order or an order under section 25 of the Family Law Act 1995, made, following the dissolution of a marriage, (b) to a maintenance pending relief order made, following the granting of leave under section 23(3) of the Family Law Act 1995, to a spouse whose marriage has been dissolved, (c) to an order referred to in section 41(a) of the Family Law Act 1995, or an order under section 42(1) of that Act made in addition to or instead of an order under section 41(a) of that Act, in favour of a spouse whose marriage has been dissolved, (d) to an order under Part III of the Family Law (Divorce) Act 1996, (e) to an order under Part 12 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010, and (f) to an order or other determination to like effect, made on or after 10 February 2000, which is analogous to an order referred to in paragraph (a), (b), (c), (d) or (e) of a court under the law of another territory made under or in consequence of the dissolution of a marriage or civil partnership, being a dissolution that is entitled to be recognised as valid in the State.
Certain transfers by qualifiedcohabitants. 88A.—Notwithstanding any other provision of this Act, a gift or inheritance taken by virtue or in consequence of an order under Part 15 of the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 by a qualified cohabitant, within the meaning of that Act, is exempt from tax and is not taken into account in computing tax.
22 section 89(4A) spouse spouse or civil partner
23 section 94 spouse spouse or civil partner
24 section 97(1)(b) spouse spouse or civil partner
25 section 100(4)(b) spouse spouse or civil partner
26 section 109(7) spouse spouse or civil partner
27 Schedule 2, Part 1, paragraph 1, in the definition of “group threshold” “group threshold”, in relation to a taxable gift or a taxable inheritance taken on a particular day, means— (a) €244,000, where— (i) the donee or successor is on that day the child, or minor child of a deceased child, of the disponer, or (ii) the successor is on that day a parent of the disponer and— (i) the interest taken is not a limited interest, and (ii) the inheritance is taken on the death of the disponer; (b) €24,400, where the donee or successor is on that day, a lineal ancestor, a lineal descendant (other than a child, or a minor child of a deceased child), a brother, a sister, or a child of a brother or of a sister of the disponer; (c) €12,200, where the donee or successor (who is not a spouse of the disponer) does not, on that day, stand to the disponer in a relationship referred to in subparagraph (a) or (b); “group threshold”, in relation to a taxable gift or a taxable inheritance taken on a particular day, means— (a) €244,000, where— (i) the donee or successor is on that day— (i) the child, or the minor child of a deceased child, of the disponer, (ii) the child of the civil partner of the disponer, or minor child of a deceased child of the civil partner of the disponer, (iii) the minor child of the civil partner of a deceased child of the disponer, or (iv) the minor child of the civil partner of a deceased child of the civil partner of the disponer, or (ii) the successor is on that day a parent of the disponer and— (i) the interest taken is not a limited interest, and (ii) the inheritance is taken on the death of the disponer; (b) €24,400, where the donee or successor is on that day— (i) a lineal ancestor of the disponer, (ii) a lineal descendant (other than a person referred to in any of clauses (i) to (iv) of paragraph (a)(i) ) of the disponer, (iii) a brother or a sister of the disponer, (iv) a child of a brother or of a sister of the disponer, or (v) a child of the civil partner of a brother or of a sister of the disponer; (c) €12,200, where the donee or successor (who is not a spouse or civil partner of the disponer) does not, on that day, stand to the disponer in a relationship referred to in subparagraph (a) or (b);
28 Schedule 2, Part 1, paragraph 6 6. Where any donee or successor is, at the date of the gift or at the date of the inheritance, the surviving spouse of a deceased person who, at the time of that deceased spouse’s death, was of nearer relationship than such donee or successor to the disponer, then such donee or successor is, in the computation of the tax payable on such taxable gift or taxable inheritance, deemed to bear to the disponer the relationship of that deceased person. 6. Where any donee or successor is, at the date of the gift or at the date of the inheritance— (a) the surviving spouse of a deceased person,or (b) the surviving civil partner of a deceased person, and, at the time of the death of the deceased person, that deceased person was of nearer relationship than such donee or successor to the disponer, then such donee or successor is, in the computation of the tax payable on such taxable gift or taxable inheritance, deemed to bear to the disponer the relationship of that deceased person.
29 Schedule 2, Part 1, paragraph 7(2) (2) For the purpose of computing the tax payable on a gift or inheritance, the donee or successor is deemed to bear to the disponer the relationship of a child in any case where the donee or successor is a child of a brother, or a child of a sister, of the disponer and either— (a) the donee or successor has worked substantially on a full-time basis for the disponer for the relevant period in carrying on, or in assisting in carrying on, the trade, business or profession of the disponer, and the gift or inheritance consists of property which was used in connection with that business, trade or profession; or (b) the donee or successor has worked substantially on a full-time basis for a company for the relevant period in carrying on, or in assisting in carrying on, the trade, business or profession of the company, and the gift or inheritance consists of shares in that company. (2) For the purpose of computing the tax payable on a gift or inheritance made by a disponer to a donee or successor who is— (a) a child of the disponer’s brother or sister, or (b) a child of the civil partner of the disponer’s brother or sister, the same rules apply as where the gift or inheritance is made to the disponer’s child if— (i) the donee or successor has worked substantially on a full-time basis for the disponer for the relevant period in carrying on, or in assisting in carrying on, the trade, business or profession of the disponer, and the gift or inheritance consists of property which was used in connection with that business, trade or profession, or (ii) the donee or successor has worked substantially on a full-time basis for a company for the relevant period in carrying on, or in assisting in carrying on, the trade, business or profession of the company, and the gift or inheritance consists of shares in that company.

SCHEDULE 4 Amendment of Value-Added Tax Consolidation Act 2010

Item No. Provision amended Words to be deleted Words to be inserted
(1) (2) (3) (4)
1 section 97(3)(b) spouse spouse or civil partner

This document does not substitute the official text published in the Irish Statute Book. We accept no responsibility for any inaccuracies arising from the transcription of the original into this format.

This text is published under Irish Statute Book's own terms of reuse, not a Legalize or public-domain licence. Irish Statute Book
CC-BY 4.0 (Oireachtas Open Data PSI Licence)
Contains Irish Public Sector Information licensed under the Oireachtas (Houses of the Oireachtas) Open Data PSI Licence / Creative Commons Attribution 4.0 International, sourced from https://www.irishstatutebook.ie.