Exemption of heritage property

If you inherit or receive a gift of certain heritage property, it may be exempt from Capital Acquisitions Tax (CAT).

Heritage property can include:

• pictures
• prints
• books
• manuscripts
• works of art
• jewellery
• or
• scientific collections

How to qualify

To qualify for the exemption, you must satisfy the following conditions:

• the object is of national, scientific, historic or artistic interest
• the object is kept permanently in the State
• reasonable facilities for viewing are available to:
  • members of the public
  • recognised bodies
  or
  • associations of persons
• and
• the object is not held for the purpose of trading.

The exemption also applies to houses and gardens in the State where the following conditions are satisfied:

• during the three years prior to the date of the gift or inheritance, reasonable facilities for viewing were available to the public
• following the date of the gift or inheritance, reasonable facilities for viewing continue to be available to the public
• and
• the property is not held for the purpose of trading.

Revenue must be satisfied that the house or garden is of national, scientific, historic or artistic interest.

The object, house or garden must form part of the gift or inheritance at the:

• date of the gift or inheritance
• and
• valuation date.

To claim the heritage exemption, you must complete a Form IT38 online.

Withdrawal of exemption

The exemption will cease to apply if any exempt object, house or garden is sold (except for a private sale to recognised bodies):

• within six years of the valuation date
• and
• before the death of the beneficiary 

During the period an exempt object, house or garden is in your ownership, the exemption will also cease to apply if:

• the reasonable viewing facilities are withdrawn
• or
• any exempt object is moved outside the State without Revenue approval.

In the event of a clawback of the exemption you must file an amended Form IT38 online to remove the exemption you claimed.

How to claim the exemption

To claim the exemption of heritage property, you need to file a CAT return Form IT38 online. You must file the return through myAccount or Revenue Online Service (ROS).

For further information please see Completing your gift or Inheritance Tax Return (IT38).