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Tax Code

Dáil Éireann Debate, Tuesday - 8 April 2014

Tuesday, 8 April 2014

Questions (34)

Seán Kyne

Question:

34. Deputy Seán Kyne asked the Minister for Finance if, in the context of capital acquisitions tax, consideration can, subject to the wishes of a parent, be given to reducing the length of time a foster child is required to be in the care of an individual before that person is treated as a child or adopted child for the purposes of inheritance; and if he will make a statement on the matter. [16181/14]

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Written answers

The conditions which must be met for the higher threshold of €225,000 to apply in the case of gifts or inheritances taken by a foster child are set out in legislation. I understand the Deputy is referring to the requirement that, in the case of gifts to formally adopted children and gifts and inheritances to informally adopted children, the child must reside with the foster parent for at least 5 years before reaching 18 years of age for the higher threshold to apply otherwise the threshold of €15,075 applies.

  I will examine, without prejudice and in conjunction with the Revenue Commissioners, any tenable case that may be made for a change in the 5 year requirement. I would say, however, that it is only reasonable that the system demands that appropriate tests are met to justify the provision of the relief and to guard against any possible abuse.

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