The International Comparative Legal Guide To: Private Client 2015

1 Pre-entry Tax Planning

1.1 In Ireland, what pre-entry estate and gift tax planning can be undertaken?

Irish Capital Acquisitions Tax ("CAT") is the name for the tax that applies to gifts and inheritances. It applies if either the disponer or the beneficiary is resident or ordinarily resident in Ireland (the "State") or where the subject matter of the gift or inheritance comprises of Irish situate property. A concession applies for nondomiciled individuals so as to treat them as not being Irish tax resident until they have been tax resident for five consecutive tax years prior to the year of assessment. (See question 3.1 below). Therefore, a gift or inheritance should be made before a disponer becomes resident in the State where the beneficiary is not Irish resident or ordinarily resident and the gift/inheritance does not comprise of Irish situate assets.