The International Comparative Legal Guide To Private Client 2017

1 PRE-ENTRY TAX PLANNING

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

Irish Capital Acquisitions Tax ("CAT") applies to gifts and inheritances 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 Irish situate property. Non-domiciled individuals are not treated as 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 (or a beneficiary) becomes resident in the State where the beneficiary (or the disponer) is not Irish resident or ordinarily resident and the gift/inheritance does not comprise Irish situate assets.