Completing your gift or inheritance tax return (IT38)
File additional benefits or amend a filed return
Return of additional benefits or amend a return (Online Form IT38)
In certain circumstances you may need to file an amended Capital Acquisitions Tax (CAT) return, for example:
- you realise that there was an error or omission in your original return
- subsequent to filing your CAT return, you receive another gift or inheritance with a valuation date in the same filing period
- from a different disponer
- from the same disponer, but with a different valuation date.
A new Form IT38, which incorporates all gifts and inheritances for the filing period will be required. To amend a CAT return use either the 'Add/Edit Disponer' or 'Add/Edit Property' option, as appropriate.
You may have a CAT return prepared and saved using the ROS Offline Application. You can use this if you receive an additional gift or inheritance, or need to correct an error or omission. An explanatory note may be entered in the 'Additional Notes' section on the return.
CAT already paid as a result of the original return filed will be automatically credited against the revised liability.
At any time there can only be one active CAT return in a filing period. A second or subsequent return filed will completely overwrite the previous return filed for that period. It is therefore necessary to include all benefits received in the revised CAT return.
Return of additional benefits or amend a return (Paper Form IT38S)
An amended paper IT38S may be submitted if:
- you are not claiming reliefs, exemptions, or credits, apart from the Small Gift Exemption
- the benefit you received has no conditions or restrictions
- the property you received is from one person only and is not part of a larger benefit.
As applies to a revised CAT return filed online, all benefits must be included on an amended Form IT38S. An explanatory note should be included with your return.
CAT already paid as a result of the original return submitted will automatically be credited against the revised liability.
If you do not satisfy the above conditions, you will be required to file an amended return online using MyAccount or ROS.
Next: Expressions of doubt