Completing your gift or inheritance tax return (IT38)
Expressions of doubt
You can indicate an expression of doubt (EOD) in your return if:
- you are in doubt as to the correct application of Captial Acquisitions Tax (CAT) legislation
- your return is filed on time.
If you indicate an EOD in your return, you should forward a letter, or a MyEnquiries email, using ROS or MyAccount, to the National CAT Unit. Your EOD letter or MyEnquiries email should:
- clearly identify itself as an ‘expression of doubt’ letter
- set out full details of the circumstances of the transaction in doubt
- identify the section of CAT legislation giving rise to the doubt
- identify the amount of tax or deductibility in doubt
- provide any relevant supporting documentation, and state whether relevant professional advice has been taken on the matter.
Where Revenue accepts your EOD as genuine, a ruling will be made on the correct tax treatment of the transaction. Additional tax may be due as a result of this ruling. If you pay this tax within one month of the date of the ruling, interest will not be charged. If Revenue do not accept your EOD is genuine, you will be notified in writing. In this case, interest will be payable on any additional tax due.
Revenue may not accept your EOD is genuine if we:
- have issued general guidelines on how the law applies in similar situations
- deem that the matter is sufficiently free from doubt
- consider that the accountable person is trying to avoid or evade tax.
If you disagree with Revenue's rejection of your EOD, you can lodge an appeal to the Tax Appeals Commission.
Next: How to pay your Capital Acquisitions Tax (CAT) online