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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