Informing the Revenue of Gift

A2fan

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If received a gift in late 2011, within the appropriate gift threshold do Revenue need to be informed in January2012 or will it suffice to complete appropriate section in 2011 tax return?
 
Well first thing first, do you have a filing obligation i.e. have you received more than 80% of the relevant group threshold - and that's an aggregate, so the value of this gift and all previous ones (since 1991(?)) received from the relevant Group?

In any case the return of a gift is recorded on an IT38 form, not your income tax return. The year for CAT runs from 1st Sept - 31st August, and the filing date is 30th Sept. So if you took your gift after 01/09/11, the return isn't due in until 30/09/12.

[broken link removed]
1.2.5
Administration of Gift and Inheritance Tax
A beneficiary is required to make a self-assessment return (Form I.T. 38) where benefits of at least 80% of the tax-free threshold have been received by that beneficiary. The 2010 Finance Act introduced a fixed pay and file date for CAT of 31 October. All gifts and inheritances with a valuation date in the 12 month period ending on the previous 31 August, will be included in the return to be filed by 31 October of that year. The valuation date of a gift is the date of the gift and the valuation date of an inheritance is normally the date the administration of the estate has been completed.
CAT returns must be filed through ROS unless the following criteria apply:
• No relief/exemption/credit is claimed, apart from the small gift exemption
• The benefit taken is an absolute interest without conditions or restrictions
• The property included in the return was taken from only one disponer and is not part of a larger benefit or series of benefits taken by the beneficiary on the same day.

If the above criteria apply the return may be filed on the short form IT38 either on paper or through ROS.

http://www.revenue.ie/en/tax/cat/leaflets/it39.html#introduction
Introduction

The Finance Act 2011 brought forward the Pay and File date for CAT from 31 October to 30 September. Therefore all gifts and inheritances with a valuation date in the 12 month period ending on the previous 31 August will be included in the return to be filed by 30 September. That means where the valuation date arises between 1 January and 31 August, the Pay & File deadline would be 30 September in that year; and where the valuation date arises between 1 September and 31 December, the Pay & File deadline would be 30 September in the following year.
Examples:

  • Valuation date 21 February 2011: File IT 38 and pay tax by 30 September 2011
  • Valuation date 6 November 2011: File IT 38 and pay tax by 30 September 2012
 
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