• It applies when you inherit or receive a gift over a taxfree threshold. 
• The amount you can receive taxfree depends on your relationship to the giver, divided into thresholds (closest relatives get the highest threshold). 
• Previous gifts or inheritances in your lifetime are aggregated and taken into account. 
• Anything above the combined threshold is taxed at 33%. 
• CAT is paid by the person receiving the gift or inheritance. 
• Irishsituated property can be liable to CAT even if the people involved live abroad. 

Some gifts or inheritances can attract tax relief, for example:  

• Agricultural Relief 
  Reduces the taxable value of qualifying farmland and buildings by 90%, if conditions are met (e.g. beneficiary is a farmer). 
• Business Relief 
  Reduces the taxable value of qualifying business assets (including shares in trading companies) by 90%. 
• Dwelling House Exemption 
  Full exemption where the beneficiary lived in the house for 3 years before the inheritance and continues to live there for 6 years after, and does not and has never owned another home. 
• Heritage Property Relief 
  Exemption or reduction for properties of national, historic, artistic or scientific importance, subject to public access and upkeep conditions. 

Some gifts can be made tax free, for example: 

• Small Gift Exemption 
  You can receive up to €3,000 per year from each person completely taxfree. This does not reduce your lifetime CAT threshold. 
• Gifts within CAT thresholds 
  Gifts are taxfree until your lifetime threshold is exceeded, based on your relationship to the giver. 
• Spouse or Civil Partner Gifts 
  All gifts between spouses or civil partners are fully exempt from CAT, no matter the amount. 

If you would like legal advice on gifts, inheritance or any other legal matter, please contact us here info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

More legal articles and news from McGrath Mullan:

• Why Recognising Foreign Divorces Matters in Irish Probate
• Affidavit of testamentary capacity
• Wills and a Child’s Entitlements
• Probate: 10 steps to kick-start the administration process
• The Importance of Making a Will
• Wills and a Spouse’s Legal Right Share

The Great Place to Work Institute has acknowledged our efforts in creating a culture where employees feel valued, respected, and encouraged to reach their full potential. Our certification reflects the positive experiences and feedback of our team members, and we could not be prouder. 

An Enduring Power of Attorney is different in that it will only come into effect when the Donor has lost capacity to manage their own affairs.

The process in relation to putting in place an Enduring Power of Attorney (“EPA”) has changed as a result of the Assisted Decision-Making (Capacity) act 2015 (as amended) (ADM(C)A) which commenced on the 26^th April 2023.

It is important to note that if you made a valid EPA prior to the 26^th April 2023, then these changes will not impact your EPA and it will continue to be dealt with under the previous system.

EPAs made after the 26^th April 2023 will now be made under the Assisted Decision-Making Capacity Act 2015. This allows the Donor to create an account on the Decision Support Services (“DSS”) online portal where the application can be completed and submitted along with all supporting documentation which are generated through the portal itself. In circumstances where the online portal cannot be used, there is a non-digital process however this increases the timeframe of completion as there are a greater number of steps. The monitoring and registration of EPAs will now be done by the Decision Support Services.

There are now strict registration requirements as EPAs must be registered with the DSS while you have capacity and within 3 months of the execution date.

Once the EPA is registered, it will only come in to effect after capacity is lost to make the decisions as set out in the EPA. It is at this stage the Attorney notifies the DSS.

As your Solicitors we will be able to guide you through the process from start to finish, including providing the necessary legal statements, as well be able to assist your Attorney with the required steps to notify the DSS and bring the EPA into effect if required as well as their enhanced reporting obligations required by the DSS.

It would be important to consult with us before initiating steps on the online portal.

If you would like more information on the above or would like our assistance with your own EPA application, please do not hesitate to contact our highly experienced team at 01 873 5012 or info@mcgrathmullan.ie and we would be glad to assist you.

Sometimes, an illegal eviction can occur due to a technical breach by a landlord.

Other times, it is quite clear that the landlord in question has no regard for the law or their tenants’ rights.

No one should be subject to an illegal eviction – whether that is made in error or deliberately.

If you have been subjected to an eviction, or are under threat of eviction, you can raise a dispute with the Residential Tenancies Board for adjudication on it.

Any claim (and resulting decision) should take into account the stress and anxiety suffered by the tenant as a result of the breach of procedure, the costs of dealing with an unexpected house move, the temporary housing and storage costs that may have been incurred, and indeed compensation for any threats or physical interference suffered*.

While you do not need to have legal representation when going to the RTB or the Courts, legal advice and representation will be useful in making sure your full circumstances and the effect that it has taken on you is taken into account by the decision maker.

Furthermore, where a lawyer is involved it will reduce the stress of the process and often prompts the other party to take the matter more seriously.

If you issue a dispute in the RTB or the Courts without taking legal advice, you may end up in a situation where you have lost your opportunity to have your case heard fully and appropriately.

If you would like to speak to Eoghan McMahon, solicitor, or any other member of our team to discuss your circumstances, please email info@mcgrathmullan.ie.

*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.

Elaine O’Sullivan qualified as a Solicitor in 2017, she specialises in immigration law, judicial review, and surrogacy law. Holding an LLB in Law and European Studies and an LLM in Human Rights in the Criminal Justice System from the University of Limerick, she has been with the Firm since 2018.

Eoghan McMahon qualified as a Solicitor in 2018 after training in Galway with a major litigation practice and spending time at NUI Galway specialising in litigation and employment law. His expertise lies in immigration law, administrative judicial review, and civil litigation. He worked for a leading commercial firm in Ireland before joining the Firm in 2020.

Hannah Clinton qualified as a Solicitor in 2017 and has accumulated a vast amount experience across multiple areas of law during her time in two general practice firms prior to joining the firm in 2021. She currently acts in all areas of General Practice, with a focus on Conveyancing and Civil Litigation.

Taise Azevedo qualified as a Solicitor in Brazil (2017), Portugal (2020), Ireland (2021) and England and Wales (2023). Starting her journey with the firm as a Legal Assistant in 2019, she has now specialised in Immigration Law and has been focusing on this area, assisting clients in both English and Portuguese.

The entire team at McGrath Mullan LLP is excited about this new chapter. As we welcome our new partners, the firm is not only poised for continued excellence but is also teeming with enthusiasm for new projects and opportunities that lie ahead. With our strengthened leadership team, we are eager and confident about shaping a brighter and more successful future.