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Dáil Éireann debate -
Tuesday, 13 Feb 2001

Vol. 530 No. 3

Written Answers. - Tax Reliefs.

Charles Flanagan

Question:

129 Mr. Flanagan asked the Minister for Finance the amount collected each year since introduction in probate tax; and if consideration will be given towards refund of same particularly in cases where hardship can be demonstrated now that the tax has been abolished. [3557/01]

The yield from probate tax since its introduction in 1993 is as follows:

Year

Yield£m

1993

1.7

1994

9.6

1995

12.3

1996

14.4

1997

17.0

1998

19.7

1999

24.9

2000

29.5

As the Deputy is aware, in budget 2001, I abolished probate tax in respect of deaths occurring on or after budget day, 6 December 2000. It is long-standing Government policy that any amendments introduced to tax legislation are not applied retrospectively. There must be some cut-off point. If retrospection was applied to any particular date to deal with hardship cases there would be further requests for it to be applied from an earlier date.
However, in the case of estates where the death occurred before 6 December 2000 and where probate tax has not yet been paid, there is an existing provision in the legislation for deferral of the tax by the Revenue Commissioners in cases of hardship or where the estate is illiquid. This provision for hardship cases has applied since the introduction of probate tax.
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