Module
Capital Taxes & Stamp Duty
Capital Taxes & Stamp Duty
Educational material, not professional, tax or legal advice. Figures reflect Irish law as understood when written — check Revenue.ie or a qualified adviser before acting. Not affiliated with or endorsed by any professional body.
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- 01Explain what is meant by a Will
- 02Outline how a Will can be revoked
- 03Outline sample clauses contained in a Will
- 04Outline how and why an executor extracts a grant of probate
- 05Outline why a grant of administration is taken out
- 06Outline how a grant of administration is taken out and who is entitled to do so
- 07Explain how and why a grant of probate/grant of administration can be revoked
- 08Outline the steps involved in the administration of an estate
- 09Explain what a Statement of Affairs (Probate) is and when it is used
- 10Outline the main terms of the Succession Act 1965
- 11Define a "disclaimer" and outline what happens to a benefit that has been disclaimed
- 12Compare the effect of a disclaimer on intestacy to a disclaimer under a Will
- 13Rearrange the proposed plan of action so as to achieve the same commercial goal but availing of any reliefs available
- 14Will validity and execution evidence
- 15Testamentary capacity and undue influence
- 16Revoking a will without revoking by accident
- 17Executor, administrator and personal representative
- 18The 2026 digital probate application path
- 19SA.2 asset and liability controls
- 20Correcting a material SA.2 error
- 21Spouse or civil-partner legal-right share
- 22Intestacy priority and distribution
- 23Estate accounts and tax clearance
- 24Disclaimers, variations and post-death planning limits
- 25Outline CAT issues surrounding payments out of estates
- 26Outline the CAT implications of legacies lapsing
- 27Examine dispositions involving estates and calculate any CAT arising
- 28Specific, pecuniary and residuary benefits
- 29Lapse, ademption and substitute gifts
- 30Outline the CAT treatment of payments under life assurance policies
- 31Outline the CAT treatment of insurance proceeds paying inheritance tax and gift tax ("Section 60" and "Section 119" type policies)
- 32Examine dispositions involving policies of assurance and calculate any CAT arising
- 33Sections 72 and 73 policy checklist
- 34The 2026 section 41 assurance timing rule
- 35Explain the anti-avoidance rules relating to foreign-controlled private registered companies and why they were introduced
- 36Examine dispositions involving a foreign controlled private company and calculate any CAT arising
- 37Foreign-company attribution map
- 38Anti-avoidance evidence and proportionality
- 39Describe how double taxation relief is granted in Ireland for tax suffered on a gift or an inheritance in other jurisdictions
- 40Treaty and unilateral credit working
- 41Explain how the market value of a benefit is ascertained for CAT purposes
- 42Outline any exceptions to the general open market value requirement
- 43Compare this requirement to the CGT market value requirement
- 44Open-market valuation evidence pack
- 45CAT and CGT market-value comparison
- 46Outline how rights derived from other assets are valued for CAT purposes using the slice principle
- 47Describe how gifts or benefits with claims arising are valued
- 48Describe how annuities not charged on property are valued
- 49Describe how limited interests are valued
- 50Examine dispositions involving limited interests and calculate any CAT arising
- 51Schedule 1 limited-interest factors
- 52Rights of residence and support
- 53Annuity and slice-principle working
- 54Describe how a benefit, which is subject to a power of revocation, is treated for CAT purposes
- 55Describe how a benefit, which is subject to a contingency, is treated for CAT purposes
- 56Examine dispositions involving a power of revocation or contingency and calculate any CAT arising
- 57Power of revocation event timeline
- 58Contingent benefit scenarios
- 59Outline how mortgages charged to a property are treated for the purposes of CAT
- 60Contrast joint tenants with tenants in common
- 61Outline how the free use of property is charged to CAT
- 62Examine dispositions involving real property and calculate any CAT arising
- 63Free use and low-rent annual gifts
- 64Dwelling-house exemption conditions in 2026
- 65Assess if a company is a private company for CAT purposes
- 66Outline how shares in private companies should be valued for CAT purposes
- 67Compare the valuation for CAT with the valuation used for CGT
- 68Examine dispositions involving private companies and calculate any CAT arising
- 69Asset, earnings and dividend valuation methods
- 70Control premiums and minority evidence
- 71Excepted assets and surplus cash
- 72Private-company valuation file
- 73Identify if any relief is available on a disposition involving land
- 74Outline any clawback provisions applicable to agricultural relief
- 75Identify if any relief is available on a disposition involving a business
- 76Outline any clawback provisions applicable to business relief
- 77Compare agricultural and business relief
- 78Compare these two CAT reliefs with the CGT relief available to the disponer and apply the CAT reliefs and the CGT relief to various scenarios
- 79Describe the relief available for "Favourite Nephews"
- 80Outline the conditions which must be met in order to qualify for "Favourite Nephew" relief
- 81Examine dispositions involving family businesses and calculate any CAT arising
- 82The 80% farmer test
- 83The active-farmer six-year test
- 84Business-relief qualifying property
- 85The 2026 full-proceeds reinvestment rule
- 86Favourite nephew or niece working test
- 87Define a trust
- 88Identify the types of trusts that exists
- 89Outline the office, duties and powers of the trustee
- 90Trust deed reading method
- 91Trustees' fiduciary and tax duties
- 92Define a bare trust
- 93Examine dispositions involving a bare trust and calculate any CAT arising
- 94Bare trust for an adult beneficiary
- 95Bare trust for a minor beneficiary
- 96Define a fixed trust
- 97Apply the charge to CAT to a fixed trust
- 98Explain the tax arising on disposals of interests created under a fixed trust
- 99Explain how the failure of a limited interest affects the charge to CAT
- 100Examine and apply dispositions involving a fixed trust and calculate any CAT arising
- 101Life tenant and remainderman map
- 102Failure of a prior interest
- 103Disposal of a fixed-trust interest
- 104Compare a general power of appointment to a special power of appointment
- 105Outline how a power of appointment can affect the tax payable on the benefit
- 106Analyse a set of circumstances and determine whether any of these provisions are applicable
- 107Examine dispositions involving a power of appointment and calculate any CAT arising
- 108General and special powers compared
- 109Default gifts when a power is not exercised
- 110Define a discretionary trust for CAT purposes and contrast this with its legal definition
- 111Outline the appointments from a discretionary trust that give rise to gift or inheritance tax
- 112Apply the valuation date of gift/inheritance rules in the context of a discretionary trust
- 113Determine whether any discretionary trust tax is payable
- 114Initial 6% DTT and Form IT4
- 115Annual 1% DTT and Form IT32
- 116DTT exemptions and refunds
- 117CRBOT and trust-record controls
- 118Identify who the accountable persons are for CAT
- 119Using legislation, outline the self-assessment system for the collection of tax and complete the returns for individuals to manage their filing obligation and manage their compliance calendar
- 120Describe and compute the consequences of failing to file a return or pay a tax liability in full and on time
- 121Describe the appeals process as it applies to an individual within the self- assessment system
- 122The IT38 80% filing trigger
- 123Valuation-date pay-and-file calendar
- 124Late CAT surcharge and interest
- 125CAT intervention evidence pack
- 126Analyse legislation to define connected dispositions, including onward gifts before first gift.
- 127Outline any exceptions to the gift-splitting rules
- 128Explain the need for rules relating to dispositions enlarging the value of property
- 129Outline the rules relating to dispositions enlarging the value of property
- 130Identify and apply if any anti-avoidance provisions apply and calculate the CAT arising
- 131Connected dispositions flowchart
- 132Onward gifts made before the first gift
- 133Property-value enlargement rule
- 134Explain how dispositions to and by a company are treated for CAT
- 135Describe and apply the CAT treatment of gifts between associated companies
- 136Benefits to participators through companies
- 137Associated-company CAT and other-tax review
- 138Identify the events that can give rise to stamp duty
- 139Identify the heads of charge for stamp duty
- 140Outline the territorial scope of stamp duty
- 141Explain the meaning of terms used in the context of stamp duty
- 142Outline the main sources of law for stamp duty
- 143Understand some special principles of stamp duty
- 144Outline the rates of stamp duty
- 145Instrument, transaction and legal effect
- 146Territorial scope decision tree
- 147Assess whether a transaction is a sale and judge whether there is a stampable document for the sale
- 148Understand the meaning of the term "conveyance on sale"
- 149Identify whether a conveyance on sale is within the charge to stamp duty
- 150Understand the charge to stamp duty on certain contracts for sale
- 151Contract, completion and conveyance
- 152Series of transactions and aggregation
- 153Assess whether a transaction is a lease and differentiate between a lease and an agreement for lease
- 154Identify a lease at undervalue
- 155Explain how lease transfers and lease surrenders are treated for stamp duty purposes
- 156Identify whether a transaction involving a lease is within the charge to stamp duty
- 157Lease premium, rent and term calculation
- 158Identify the correct rate of stamp duty that applies to a sale of non-residential property
- 159Identify the correct rate of stamp duty that applies to a lease and a sale of shares
- 160Understand the interaction of stamp duty and VAT
- 161Understand the extent of double taxation relief for stamp duty
- 1622026 residential property bands
- 163Non-residential, shares and policy rates
- 164Lease rent-rate table
- 165Assess where market value is imposed for stamp duty
- 166Identify the amount on which stamp duty is chargeable
- 167Identify the amount on which stamp duty is payable where the consideration is in a foreign currency
- 168Compare the market value rules for stamp duty to those of CGT
- 169Calculate the duty applicable to a contract for sale
- 170Foreign currency, debt and non-cash consideration
- 171VAT-exclusive stampable consideration
- 172Calculate stamp duty on a transfer of residential property
- 173Explain how stamp duty applies to site sales combined with building contracts (for residential property and commercial property)
- 174Describe the stamp duty treatment for practical property transactions
- 175Describe the stamp duty treatment when a mix of residential and non-residential property is purchased
- 176Identify situations where a 7.5% stamp duty charge applies to transfers of interests in certain entities deriving their value from Irish non-residential property
- 177Describe the stamp duty rebate scheme for land acquired to develop residential property
- 178Assess how much stamp duty is payable on a property transaction
- 179Section 31E fifteen-percent acquisitions
- 180Site plus building-contract value
- 181Residential-development repayment after Finance Act 2025
- 182Assess how much stamp duty is payable on a distribution in specie
- 183Describe the exemptions from stamp duty on business assets and investments
- 184Describe the loan capital exemption and understand where it applies
- 185Assess how much stamp duty is payable on a transaction involving business assets or investments
- 186Distribution in specie
- 187Loan-capital exemption
- 188Market-capitalisation exemption from 2026
- 189Explain and assess the stamp duty reliefs available to spouses/civil partners on the transfers of assets while living together and relief available on dissolution of marriage/civil partners
- 190Spouse, civil-partner and court-order relief
- 191Identify the accountable person for stamp duty and payment of the tax due
- 192Describe self-assessment system, appeals and refunds for stamp duty purposes
- 193Describe the e-Stamping system
- 194Describe penalties, surcharges and Revenue powers included in the SDCA 99
- 195Apply the penal provisions of the Taxes Consolidation Act 1997 to stamp duty
- 196Accountable person and first execution
- 197Thirty days in law and forty-four days in practice
- 198ROS eStamping and the stamp certificate
- 199Expressions of doubt and refund claims
- 200Penalties, surcharge, interest and appeals
- 201Explain how associated companies relief operates
- 202Ninety-percent association test
- 203Two-year clawback monitor
- 204Reconstruction relief compared with group relief
- 205Integrated lifetime-transfer case
- 206Integrated estate and inheritance case
- 207Integrated property-acquisition case
- 208Valuation, evidence and professional judgement
- 209Ethical advice and anti-avoidance boundaries
- 210The 2027 Budget and Finance Act recheck gate
- 211Congratulations on completing the module