Revenue told Government not to tell public about lucrative tax loophole
A loophole that allowed wealthy people to transfer valuable life assurance policies without paying tax was quietly shut down during last year’s budget.
Revenue told Government not to tell public about lucrative tax loophole
Wealthy people were able to transfer valuable life assurance policies
A loophole that allowed wealthy people to transfer valuable life assurance policies without paying tax was quietly shut down during last year’s budget.
In discussions with the Department of Finance, the Revenue Commissioners said that the public could not be alerted to the legal gap before it was closed.
It said if people got wind of it, others were likely to use the loophole for aggressive planning purposes to avoid paying tax on inheritance or gifts. Normally, life assurance policies pay out on the death of a person and trigger payment of Capital Acquisitions Tax (CAT).
However, a small number of people figured out that if the policy was transferred over to a spouse, son, daughter, or somebody else, the tax could be dodged.
Under ordinary circumstances, money paid out on such a policy would be hit with 33pc Capital Acquisitions Tax when it passed, for example, from a parent to their son or daughter.
However, the mechanism uncovered by Revenue allowed that same parent to transfer the life assurance policy to their son or daughter before it was payable. That meant when the parent later died, the policy could pay out in a way that did not trigger inheritance tax.