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Tax and Duty Appeals Manual

Comprehensive guide to the appeals process for Irish tax and duty matters. Relevant for taxpayers and practitioners seeking to understand appeal procedures, timelines, and requirements across all tax types.

Introduction to Capital Acquisitions Tax

Foundational manual introducing CAT concepts, scope, and key principles. Essential for anyone new to capital acquisitions tax including gifts, inheritances, and succession planning.

Statement of Affairs (Probate) Form SA.2

Guidance on completing the Statement of Affairs Form SA.2 for probate purposes under CAT. Covers sections 48 and 48A of CATCA 2003 and electronic probate regulations for estate administration.

CAT Self-Assessment Return (Form IT38)

Instructions for completing the IT38 self-assessment return form for CAT purposes. Addresses section 46 CATCA 2003 and applies to taxpayers reporting gifts and inheritances.

Certificates of Discharge - CAT

Explains CAT certificates of discharge and the process for obtaining clearance under section 62(2) CATCA 2003. Relevant for personal representatives and executors settling estates.

Guide to CAT Compliance Interventions

Outlines Revenue's compliance intervention procedures and audit approach for CAT matters. Applicable to all CAT taxpayers and advisors subject to Code of Practice for Revenue Compliance Interventions.

Section 5: Gifts and Debt Forgiveness

Guidance on section 5 CATCA 2003 treating gifts as deemed taken and debt forgiveness arrangements as gifts. Covers debt cancellation and financial arrangements with tax implications.

Section 8: Connected Dispositions and Gifts

Explains the treatment of connected gifts and related dispositions under section 8 CATCA 2003. Relevant for identifying when multiple transactions are treated as connected for CAT purposes.

Sections 5 & 10: General Right of Residence

This document addresses the concept of a general right of residence under Sections 5 and 10 of CATCA 2003, relevant to valuations and exemptions where property includes residential rights. It applies to persons acquiring interests in property with occupation entitlements.

Inheritance Tax General Principles - CATCA Part 3 Chapter 1

Comprehensive guide to inheritance tax fundamentals under Capital Acquisitions Tax Act. Covers general principles, definitions, and foundational concepts relevant to inheritance tax planning and compliance. Essential reference for tax consultants advising on inheritance tax liabilities and exemptions.

Discretionary Trust Tax - CATCA Part 3 Chapters 2-3

Detailed guidance on capital acquisitions tax treatment of discretionary trusts under CATCA Part 3 Chapters 2-3. Covers discretionary trust distributions, deemed dispositions, and tax computations for trustees and beneficiaries. Critical for advisors managing trust taxation and distribution planning.

Section 27: Market Value of Private Company Shares

Guidance on valuing shares in private companies for CAT purposes under section 27 CATCA 2003. Relevant for gifts and inheritances of business shareholdings.

Section 28: Exclusive Right of Residence

Covers the tax treatment of exclusive rights of residence under section 28 CATCA 2003. Explains how such rights affect CAT valuations in inheritance scenarios.

Section 28: Taxable Value Calculation

Explains how to calculate the taxable value of gifts and inheritances under section 28 CATCA 2003. Essential for determining CAT liability and applying reliefs.

Section 29: Contingencies Affecting Gifts/Inheritances

Guidance on how contingencies and conditions affect the valuation and taxation of gifts and inheritances under section 29 CATCA 2003.

Section 30: Valuation Date for CAT

Explains the rules for determining the relevant valuation date for CAT purposes under section 30 CATCA 2003. Critical for establishing property values on taxable events.

Section 36: Powers of Appointment

Covers the CAT treatment of dispositions involving powers of appointment under section 36 CATCA 2003. Relevant for complex estate planning and trust arrangements.

Section 41: Assurance Policy Interests

Explains when interests in assurance policies become interests in possession for CAT purposes under section 41 CATCA 2003. Applies to life insurance-related transfers.

Gift Reporting Requirements for Certain Loans - Section 46(4A)

Guidance on mandatory reporting obligations for gifts in respect of certain loans under TCA Section 46(4A). Details when gifts related to loans must be reported and the conditions triggering reporting requirements. Essential for advisors handling loan-related transactions with gift elements.

Section 51: CAT Payment and Interest

Outlines payment obligations and interest provisions for CAT under section 51 CATCA 2003. Covers payment timing, methods, and interest charges on late payments.

CAT Exemptions - Part 9

Covers all available exemptions from CAT including spousal exemptions, charity exemptions, and other statutory reliefs. Essential for planning gifts and inheritances tax-efficiently.

Section 82 Exemption of Certain Receipts

This document outlines the exemptions available under Section 82 of the Capital Acquisitions Tax Consolidation Act 2003 for certain types of receipts. It is relevant for taxpayers and advisors seeking to understand which receipts may be excluded from CAT liability.

Section 84 Exemption for Incapacitated Individuals

This document explains the exemption under Section 84 CATCA 2003 relating to qualifying expenses paid for the care and maintenance of incapacitated individuals. It applies to gifts and inheritances used for specific expenses benefiting persons with incapacity.

Section 86 Exemption for Certain Dwellings

This document covers the exemption under Section 86 for acquisitions of certain dwellings, including principal residences and related property interests. It is relevant for persons inheriting or receiving gifts of residential properties.

Section 87 Exemption: Freedom from Tax Benefits

This document details Section 87 exemptions covering certain benefits that are taken free of CAT, including specific gifts and inheritances that qualify for tax-free treatment. It applies to various categories of acquisitions meeting statutory requirements.

Sections 72-73 Relief for Insurance Policies

This document explains the relief provisions in Sections 72 and 73 CATCA 2003 applicable to certain insurance policy proceeds and benefits. It is relevant for estate planning scenarios where life insurance proceeds form part of an inheritance or gift.

Agricultural Relief - CAT Part 10

Detailed guidance on agricultural property relief claims under CAT. Covers qualifying conditions, relief calculations, and retention requirements for agricultural land and buildings.

Business Relief - CAT Part 10

Comprehensive manual on business property relief under CAT for gifts and inheritances of business assets. Covers qualifying business interests, relief rates, and clawback provisions.

Section 104: CGT Allowance on Same Event

Explains the allowance available under section 104 CATCA 2003 to prevent double taxation when the same event triggers both CAT and capital gains tax liabilities.

Valuation of Limited Interests - Schedule 1 Parts 1-2

Technical guidance on valuing limited interests in property and assets under Schedule 1 of the CATCA, covering both Part 1 and Part 2 valuation methodologies. Addresses life interests, reversionary interests, and partial ownership rights. Essential for accurate CAT computations involving incomplete interests.

Favourite Nephew/Niece Relief - Schedule 2 Part 1

Comprehensive guidance on Favourite Nephew/Niece Relief provisions under Schedule 2 Part 1 of CATCA, including eligibility criteria, relief calculations, and claim procedures. Relevant for advisors assisting with this specialized CAT relief on qualifying inheritances.

Tax Computation Preliminary Matters - Schedule 2 Part 1

Foundational guidance on preliminary matters in CAT tax computation under Schedule 2 Part 1 of CATCA. Covers computation procedures, deductions, allowances, and preliminary calculations before relief application. Essential reference for all CAT computation procedures.

CAT Manual Part 5: Discretionary Trust Tax

This CAT Manual part provides guidance on the taxation of discretionary trusts under Capital Acquisitions Tax, specifically addressing how distributions and interests in discretionary trusts are taxed. It is essential for trustees, beneficiaries, and advisors managing discretionary trust arrangements.

CAT Manual Part 6: Disclaimers of Benefits

This manual part explains the treatment of disclaimers under Section 12 CATCA 2003, detailing how beneficiaries can refuse gifts or inheritances and the CAT implications of such disclaimers. It applies to estate planning and post-death tax planning scenarios.

CAT Manual Part 7: Limited Interests

This document covers limited interests in property under Sections 2, 28, and 33 CATCA 2003, including life interests and limited ownership rights. It is relevant for valuing partial or time-limited property interests acquired through gifts or inheritances.

CAT Manual Part 8: Valuation Date

This manual part addresses Section 30 CATCA 2003 requirements for determining the valuation date of assets subject to CAT. It is critical for establishing the market value of acquisitions for CAT purposes.

CAT Manual Part 9: Powers of Appointment

This document explains the CAT treatment of powers of appointment under Section 36 CATCA 2003, including how exercised and unexercised powers are taxed. It applies to trusts and estate planning involving discretionary appointment provisions.

CAT Manual Part 10: Favourite Nephew Relief

This manual part details the Favourite Nephew/Niece Relief available under Schedule 2, Part 1, paragraph 7 CATCA 2003, providing reduced tax rates for qualifying relatives. It applies to gifts and inheritances by persons to their nephews and nieces.

CAT Manual Part 11: [Content Not Extracted]

This is Part 11 of the Capital Acquisitions Tax Manual. Refer to the document directly for specific guidance on CAT matters covered in this section.

CAT Manual Part 12: [Content Not Extracted]

This is Part 12 of the Capital Acquisitions Tax Manual. Refer to the document directly for specific guidance on CAT matters covered in this section.

CAT Manual Part 13: Credit for Capital Gains Tax

This document explains Section 104 CATCA 2003 provisions allowing a credit for Capital Gains Tax paid on the same asset subject to CAT. It is relevant where an acquisition involves both CGT and CAT liabilities.

CAT Manual Part 14: Gifts & Inheritances Free of Tax

This manual part covers Section 87 CATCA 2003 provisions for gifts and inheritances taken free of tax, identifying which acquisitions qualify for complete exemption from CAT. It applies to various statutory exemptions and reliefs.

CAT Manual Part 15: Insurance Policies

This document provides guidance on Sections 72 and 73 CATCA 2003 relating to insurance policy treatment under CAT, including life policy proceeds and associated relief provisions. It is relevant for estate planning involving life insurance.

CAT Manual Part 16: Contingencies Affecting Acquisitions

This manual part explains Section 29 CATCA 2003 provisions for handling contingent interests, including how conditional gifts and inheritances are valued when uncertain conditions affect the acquisition. It applies to valuation of uncertain property interests.

CAT Manual Part 19: Miscellaneous Issues

This comprehensive manual part addresses miscellaneous CAT matters across multiple sections (8, 28, 30, 40, 51, 59, 76, 82, 104 CATCA 2003), providing practical guidance on diverse topics not covered in dedicated manual parts.

CAT Manual Part 21: Valuation of Unquoted Shares

This document provides guidance on valuing unquoted shares under Section 27 CATCA 2003, essential for determining CAT liability where shares in private companies form part of a gift or inheritance.

CAT Manual Part 22

Capital Acquisitions Tax manual part covering technical guidance on CAT provisions. Relevant for tax practitioners, advisors, and Revenue staff dealing with inheritance tax and gift tax scenarios.

CAT Manual Part 23

Capital Acquisitions Tax manual part providing detailed guidance on CAT-related provisions. Applies to personal representatives, beneficiaries, and tax professionals handling succession and transfer scenarios.

Dwelling House Exemption - CAT Manual Part 24

Guidance on the dwelling house exemption under CAT, covering eligibility criteria and application of section 86 CATCA 2003. Essential for beneficiaries inheriting residential properties and their advisors.

CAT Manual Part 25

Capital Acquisitions Tax manual part addressing specific CAT provisions and relief mechanisms. Relevant for tax planning, valuations, and compliance in gift and inheritance scenarios.

CAT Manual Part 26

Final part of the Capital Acquisitions Tax manual providing comprehensive guidance on CAT administration and procedures. Applicable to all CAT taxpayers and revenue administrators.

VAT Repayment Offset

Guidance on offsetting VAT repayment claims against outstanding tax liabilities. Covers procedures for applying repayments to reduce taxpayer debts.

Agents' Guide to Collector General - Collection Procedures

Practical guidance for tax agents and advisors on Collector General procedures, payment arrangements, and collection management. Covers interaction protocols, payment options, and case management for CAT and other tax debts with the Collector General.

CAT Collector General District Guidelines

District-specific guidelines for CAT collection procedures and regional variations in Collector General operations. Provides operational guidance for collection staff across different revenue districts managing CAT cases.

CREST Manual - Collection System Procedures

Technical manual for CREST system usage in collection and debt management operations. Covers system functionality, case recording, and operational procedures for revenue staff managing tax collection cases.

Euroclear Manual - Securities Settlement Procedures

Technical guidance on Euroclear securities settlement procedures relevant to asset valuation and collection of taxes on securities holdings. Covers system operations and settlement protocols for international securities.

Debt Management Services - Enforcement (Part 3)

Enforcement procedures and guidelines for debt management services (Part 3 of operational manual). Details enforcement actions and recovery mechanisms available to Revenue for pursuing unpaid tax debts.

Debt Management Services Operational Manual Part 2

Second section of the operational manual covering debt management services procedures. Provides guidance on managing tax debts and related caseworking processes.

Debt Management Services Operational Manual Part 5

Fifth section of the debt management services operational manual. Covers specific aspects of managing tax debts and related Revenue procedures.

Debt Management Services Operational Manual Part 6

Final section of the debt management services operational manual. Completes the comprehensive guidance on debt management and collection procedures.

Debt Management Services

Overview of debt management services procedures and operational guidelines. Relevant for Revenue staff managing taxpayer debts and payment arrangements across all tax types.

DMS Part 4 - Online Phased Payment Arrangements

Guidelines for online phased payment arrangements under debt management services. Covers procedures for setting up installment payment plans for tax debts through Revenue's online systems.

Identification of Phoenix Cases - Operational Guidelines

Guidelines for identifying and managing phoenix company schemes where directors recreate businesses to avoid tax obligations. Essential for fraud detection and collection compliance.

Commonality Checks

Guidelines for conducting commonality checks in debt collection processes. Used by Revenue auditors and collection staff to identify linked cases and assess tax compliance patterns.

Credit Review Office

Procedures and guidelines for the Credit Review Office function in Revenue. Relevant for taxpayers seeking review of collection decisions and Revenue staff managing credit reviews.

Guidelines for Debt Management of Irish Cases

Comprehensive guidance on managing tax debt for domestic Irish cases through Revenue Debt Management Services. Applies to caseworkers, auditors, and taxpayers with outstanding liabilities.

Debt Warehousing in DMS

Technical guidance on debt warehousing procedures within Revenue's Debt Management System. Relevant for collection staff managing deferred or temporarily suspended debt accounts.

Guidelines for Auditors and Caseworkers

Operational guidance on the roles of auditors and caseworkers in collecting audit-related tax debts. Covers coordination between divisions and the Collector-General's office.

Guideline for Issue of a Statement of Affairs

Procedures for issuing and managing statements of affairs in debt collection cases. Used by Revenue when assessing taxpayer financial position and ability to pay.

Property Searches and Valuations in Collection

Guidelines for conducting property searches and obtaining property valuations in collection cases. Essential for Revenue staff pursuing property-based enforcement and security.

Guidelines for Charging Interest on Late Payment

Procedures for calculating and charging interest on late tax payments through Revenue Debt Management Services. Applies to all late payment interest calculations for outstanding debts.

Guidelines for Stops in ITS/RWP

Technical guidance on placing and managing stops in the Integrated Tax System and Related Work Products. Used by Revenue staff to prevent taxpayer transactions and enforce collection.

Guidelines for Caseworking Foreign Cases

Operational guidance for handling foreign tax cases and mutual assistance arrangements with overseas tax authorities. Relevant for international casework, treaty procedures, and outgoing cases.

Guidelines for Phased Payment Arrangements

Procedures for establishing and managing instalment payment arrangements with taxpayers. Applicable when taxpayers cannot pay tax debts in full and require structured payment plans.

Local Payment Accounting for CAT Payments

Guidance on Local Payment Accounting procedures for Capital Acquisitions Tax payments. Relevant for CAT administrators, accounting staff, and those processing CAT payment receipts.

MOU: Private Security Authority and Revenue

Memorandum of Understanding between Revenue Commissioners and the Private Security Authority governing cooperation on security matters. Relevant for coordination on enforcement operations.

Procedures for VAT S110 Estimates/Amended Estimates

Technical procedures for issuing VAT assessments and amended assessments under section 110 VAT legislation. Applies to Revenue staff preparing VAT estimates for non-compliant traders.

Ancillary State Support Work Guide

This guide provides direction for Revenue staff on processing ancillary state support claims and payments. It covers the identification, verification, and administration of various state support measures available to businesses and individuals, including relevant conditions and eligibility criteria.

Write-Out of Uncollectable Tax Debts

Procedures and guidelines for writing off tax debts determined to be uncollectable. Provides Revenue staff with criteria and processes for deciding when tax debts should be formally written out of the system.

Referral of Cases to Dedicated Enforcement Unit

Guidance on referring serious debt and non-compliance cases to the Dedicated Enforcement Unit (DEU) for escalated collection measures. Covers bankruptcy, forced sale, Mareva injunctions, and garnishee orders. Essential for advisors understanding enforcement escalation procedures.

Direct Debit

Procedures for direct debit collection of tax liabilities. Provides guidance on setting up and managing direct debit arrangements for various tax types.

Local Property Tax (LPT) Direct Debit Collection

This document outlines procedures for collecting Local Property Tax through direct debit arrangements. It covers setup, management, and enforcement of direct debit payment schemes for LPT liabilities.

Preliminary Income Tax Direct Debit Guidelines

Guidance on direct debit arrangements for preliminary income tax payments. Details procedures for collectors and taxpayers setting up automated preliminary tax payments.

Attachment

Guidelines on attachment procedures for collecting tax debts. Provides Revenue staff with procedures for attaching and recovering funds owed to taxpayers.

Exchange of Information - CEA and Revenue

Guidelines governing information exchange between the Corporate Enforcement Authority and Revenue Commissioners. Relevant for coordinating on corporate tax compliance and enforcement matters.

Section 1001 - Fixed Charges on Book Debts

Caseworker guidelines on TCA 1997 Section 1001 regarding fixed charges on book debts. Covers procedures for asserting and enforcing charges over company book debts for tax recovery.

Sheriff Enforcement

Guidelines for using sheriff enforcement procedures to collect tax debts. Details the use of sheriffs in pursuing tax liabilities through court-sanctioned enforcement actions.

Solicitor Enforcement & Court Process

Guidelines for using court processes to pursue tax liabilities through solicitors. Covers civil litigation procedures for tax debt recovery and enforcement actions.

Examinership Caseworking Guidelines

Procedures for caseworking tax matters in company examinership situations. Guides Revenue staff on managing tax claims and collection issues in examinership proceedings.

Guidelines on Irish Bankruptcy Procedures

Revenue guidelines on bankruptcy law and procedures affecting tax debts. Covers the treatment of tax claims in personal bankruptcy and related insolvency procedures.

Liquidation of Companies & Company Law

Guidelines on company liquidation procedures and company law issues affecting tax collection. Covers Revenue's role in liquidations and tax claim procedures in company wind-ups.

Personal Insolvency Caseworking Procedures

Revenue procedures for managing tax matters in personal insolvency cases. Covers debt relief orders, personal insolvency arrangements, and bankruptcy procedures affecting tax debts.

Receivership - Revenue Caseworking Guidelines

Internal caseworking guidance for Revenue staff handling receivership cases and debt collection scenarios. Provides procedural guidelines for managing tax debts where a receiver is appointed.

Small Companies Administrative Rescue Process

Guidelines on the administrative rescue process available to small companies, covering procedures for companies in financial difficulty seeking to restructure their tax affairs.

Audit Trail for Write-Out Procedures

Operational guidance for creating and maintaining audit trails when writing out tax debts or cases. Essential for compliance and documentation standards in debt management decisions.

ITS Audit Trail Guidelines

Internal operational guidelines for maintaining audit trails within the Integrated Taxation Services (ITS) system. Covers system-generated audit documentation and compliance requirements.

AEP Integrated Accounting - Payments Processing

Staff guide for processing Customs & Excise and VRT payments through the AEP integrated accounting system. Covers EFT payment processing and related accounting procedures.

Online Payment Methods for Tax

User guidance on making tax payments to Revenue through online channels. Covers available digital payment methods and procedures for taxpayers and agents.

VRT Online Payments via ROS and MyAccount

Specific guidance for Vehicle Registration Tax (VRT) online payments through Revenue Online Services and MyAccount platforms.

Non-Filing of Returns - Prosecution and Penalties

Collector-General's Division guidance on prosecution and penalty programmes for taxpayers failing to file required tax returns. Outlines enforcement action and compliance procedures.

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