Gift tax for gifts to children

B

Benny

Guest
I had a windfall and i want to give substantial gift to a child of friends of mine , it would be in their accounts until they are 21 or whatever.

Do i need to pay gift tax on it ? or would splitting it over two years avoid
the tax.

Say 2,500 in year 1 and in year 2.
 
Benny said:
Do i need to pay gift tax on it ?
On the windfall itself? That depends on how it arose. On the gift? Not if it is below the relevant exemption limit (in this case €23,908 in total over the recipient's lifetime) and if it's above that then the tax liability is the recipient's and not your's.
 
Are you sure about that? According to :
Exceptions

There are a number of items that are not assessable for Capital Acquisitions Tax. The most important are:
  • the first 3,000 euro of gifts from one donor (this does not apply to inheritances)
  • ...
This does not suggest that it's €3K p.a. from a single donor.
 
Can you or anybody else quote/link to the relevant Revenue summary document or TCA section that governs this please?

Update: oh - perhaps [broken link removed] is it so?
For example, the first €3,000 taken as a gift by a beneficiary from a disponer in any one year is exempt from tax as are gifts and inheritances taken by one spouse from the other.
 
in John Lowe's "The Money Doctor" page 260
EXCLUDED COMPLETELY FOR THE PURPOSE OF CAPITAL ACQUISITIONTAX:
"Up to €3,000 worth of gifts or cash in any single calender year"
My Accountant confirmed to me that I can "Gift" each of my children and my Grandchild €3,000 each year tax free.
BobMax
 
S69 Capital Acquisitions Tax Consolidation Act 2003

69.—(1) In this section, "relevant period" means the period of 12 months ending on 31 December in each year.
(2) The first €3,000 of the total taxable value of all taxable gifts taken by a donee from any one disponer in any relevant period is exempt from tax and is not taken into account in computing tax.
(3) In the case of a gift which becomes an inheritance by reason of its being taken under a disposition where the date of the disposition is within 2 years prior to the death of the disponer, the same relief is granted in respect of that inheritance under subsection (2) as if it were a gift.
 
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