Services

Capital Taxes

Budget measures legislated for include:

  • Retention of the standard rate of CGT of 33%.
  • A revised Capital Gains Tax Relief for entrepreneurs, introduced effective from 1 January 2016. This will apply a reduced Capital Gains Tax rate of 20% to a disposal in whole or in part of a business (including shares in a private company) up to an overall limit of €1,000,000 in chargeable gains. See further details on our Self Employed / Entrepreneur page.
  • Retention of the CAT rate of 33%.
  • Increase in the current Group A tax free threshold, which applies primarily to gifts and inheritance from parents to their children, from €225,000 to €280,000. This applies to gifts or inheritances on or after 14 October 2015.  The thresholds are now:
GROUP
A - Parent to Child€280,000
B - Between Related Persons€30,150
C - Between Non-Related Persons€15,075

New measures announced in Finance Bill in relation to CGT include: 

  • A specific measure to address an anomaly in computing a capital loss on disposal of a s23 Residential property – this change is retrospective and applies to disposals on or after 1 January 2012 so taxpayers who have disposed of s23 properties in that period should review their position to determine if a capital loss is now available. 
  • Removal of the requirement to obtain a CG50 Tax Clearance certificate in respect of the disposal of residential property where the consideration is less than €1m – the €500,000 existing limit remains for all other disposals. 
  • A provision to allow Standard Life shareholders whose postal application to elect to take a return of value as a capital payment was delayed, to treat that return of value as a payment liable to CGT not income tax. 
  • Amendment of certain anti-avoidance measures in relation to offshore capital gains to ensure compliance with EU law. 
  • Changes to CGT relief on transfer of business - this anti-avoidance measure is in relation to a perceived abuse of the interaction of transfer of business relief and CGT group relief, as highlighted by Revenue in eBrief 80/15.

Return to: Finance Bill 2015 Analysis

Team Members

Jackie Masterson

Tax Partner

View Profile

Ronan McGivern

Head of Tax, Tax Partner

View Profile

Mairead O'Grady

Taxation Partner

View Profile

Fiona Murphy

Taxation Partner

View Profile