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Farm house only left to 4 daughters who wish to transfer all

 
Buachaill's Avatar
  • Answered by:Buachaill
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Customer Question

Farm house only left to 4 daughters who wish to transfer all rights to the their nephew who has been farming the land attached to the Farm house with his father since leaving school. Would in inheritance tax be payable if each share was only valued at 30,000 euros (value of house)

Submitted: 311 days and 1 hours ago.
Category: Republic of Ireland Law
Value: 13 €
Status: CLOSED
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Expert:  Buachaill replied 311 days ago.

1. No inheritance tax would be payable by each daughter if the lifetime amount each has inherited from their parents is less than €250,000. Under Irish Inheritance TAx law, each child has a lifetime exemption from Inheritance Tax of €250,000, when it comes to inheritances from both parents. Accordingly, if the total of all gifts, including the €30,000 valuation given to the land means that each has inherited less than €250,000, then no inheritance tax is payable by each of them. It is not the actual amount at which this particular inheritance of the land is valued at, that is important. It is the aggregate amount inherited by each daughter over their lifetime from their parents which is key.

Customer replied 310 days and 21 hours ago.

I actually was referring to the nephew not the daughters as I was unclear as to how much an aunt could gift to a nephew that is why I mentioned that each daughters gift would be approx 30,000 to the nephew.

Accepted Answer

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Expert:  Buachaill replied 310 days and 21 hours ago.

2. The lifetime exemption amount which a nephew can inherit from his aunt is €16,350. This is a one-off exemption. You can only get it once. Here only the first €16,350 of the total €120,000 will be tax exempt. There is no such thing as having an exemption per aunt. If one of the daughters is his mother, then he will have the €250k lifetime exemption in relation to her. But the other three aunts gifts which total €90k will be much over his lifetime exemption of €16,350.

Expert TypeLawyer
Category: Republic of Ireland Law
Pos. Feedback: 97.6 %
Accepts: 2782
Answered: 6/15/2012

Experience: Barrister 17 years experience

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