The Revenue Form SA2 must be completed and declared to be true by the Executors. There is a question on the Form SA 2 regarding prior benefits (gifts or inheritances ) received since 1992 by any beneficiaries listed in said Form. The amount of the benefit is required to be inserted and also whether it falls under Threshold A, B or C. To ascertain the threshold your relationship to the donor of the gift may be required. I think the date of the benefit is also required.I received money from my late mother as a gift prior to her death, her will is in I believe the process of probate at the moment and I received this question from the executor "
We are in the process of filing the summary of statement of Affairs (Probate) Form SA.2.
and it is apparent that you had received a
Prior aggregable benefit of €10,000.00.
Can you advise the reason for this payment and where this amount came from.?'
Are they entitled to ask this?I had already declared it to the solicitors and revenue, thanks
Have now received another question from the executor to know if I can remember from what bank the draft was drawn on, this was in 2019, I am now suspicious of what's going on, can they count this as part of my percentage of my inheritance?The Revenue Form SA2 must be completed and declared to be true by the Executors. There is a question on the Form SA 2 regarding prior benefits (gifts or inheritances ) received since 1992 by any beneficiaries listed in said Form. The amount of the benefit is required to be inserted and also whether it falls under Threshold A, B or C. To ascertain the threshold your relationship to the donor of the gift may be required. I think the date of the benefit is also required.
If you have already informed Revenue of the benefit and do not want to divulge the information to the Execs the Executors can just insert that information along with your PPS No. on the Form. At least that was what was done on the old handwritten Form.i am not sure if the facility is available on the online version which is now in use.
Are they entitled to ask this?
They are presumably entitled to ask but you are under no compulsion to disclose it.
Your tax affairs and your history of previous gifts and inheritances are each private matters between you and Revenue and as such nobody else's business.
No mention there of particulars of previous gifts and inheritances?
Revenue's Guide to Completing Form SA 2 linked to above
The extract below relates to "beneficiaries" defined earlier in the document.
If the request for additional information (bank, draft number, date of draft) is from Revenue, its absence may delay payment of inheritance(s) from the estate. Bolding is mine for clarity only.
- Full name, address (including eircode) and date of birth of the beneficiary
- PPSN of the beneficiary
Please note that a PPSN containing “W” as a second letter is not acceptable, and a new number must be obtained. A new PPSN can be obtained by contacting Client Identity Services directly on 071 967 2616, or by email at cis@welfare.ie.
Where a PPSN is not available for a beneficiary of the estate, the Form SA.2 contains a facility to allow an applicant to give an undertaking that they will not distribute any property passing under the estate to that beneficiary until the PPSN is provided to the Revenue Commissioners on an amended Form SA.2 return. This facility is in order to assist our customers proceed with the application for a Grant of Representation. Please note that an undertaking can only be given for one beneficiary per application. To avail of this facility please tick the box to indicate that a PPSN is not available and follow the on-screen instructions.
But the particulars of prior inheritances and gifts received by third party beneficiaries is not their information to give. Disclosure of name, address, PPSN, values etc is sufficient to alert Revenue of the inheritance and enable them to police in due course the beneficiary's declaration of prior benefits, exemption status, claims for reliefs and other personal particulars on their IT38 return.If the executor pays the inheritence to the beneficiary without passing the required information to the Revenue, he/she could be deemed to have acted recklessly and could end up being responasable for unpaid inheritence taxes
Just saying ...
Read Page 20 etc.And?
No they cannot count it as part of your inheritance.Have now received another question from the executor to know if I can remember from what bank the draft was drawn on, this was in 2019, I am now suspicious of what's going on, can they count this as part of my percentage of my inheritance?
I've read it. It makes no sense. And I've been a (very minor) beneficiary of an estate in the recent past without having to disclose to its executors details of past benefits. Hence my question.Read Page 20 etc.
There is a requirement to provide details of prior benefits, but very minor beneficiaries are excluded from scope of this enquiry. Working from memory, cutoff figure may be €12k ( or perhaps 15k?). So if you were inheriting less than €12k you would not have been asked re prior benefits.I've read it. It makes no sense. And I've been a (very minor) beneficiary of an estate in the recent past without having to disclose to its executors details of past benefits. Hence my question.
If anyone knows whether this is a legislative requirement, I'd be most grateful
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