Capital acquisitions tax for partners
Deputy Cahill argued that partners, including lifetime partners, are unfairly treated as strangers for capital acquisitions tax purposes and pressed for reform. The Taoiseach said the case was compelling and would be raised with the Minister for Finance ahead of the budget.
I call on the Government to urgently address the anomaly that exists with the current taxation system in respect of capital acquisitions tax when applied to partners in comparison to married couples. Current legislation means that a partner, even a lifetime partner, is regarded as a stranger for capital acquisitions tax purposes. Therefore, the current threshold limit of €20,000 applies and anything over that amount is taxed at 33% whereas married couples are tax exempt. Partners are now entitled to a survivor's pension if they have been living together for at least five years, or two years if they have children. This arose from a court case where it was found that to deny the survivor's pension would be unconstitutional. In another recent case, a civil servant passed away and his partner was refused the widow's portion of his civil servant pension, as they were not married. This was also unconstitutional. Contrast this with the current taxation system whereby partners are treated as strangers for capital acquisitions tax purposes. This is wide open to constitutional challenge to-----
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-----the current legislation and needs to be addressed by the Minister for Finance.
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I thank the Deputy very much. He has made a very compelling case in his citing of constitutional decisions in respect of survivors' entitlements to pensions and so forth. I will raise the matter with the Minister for Finance in the context of the forthcoming budget in October to see if he will examine it because the threshold looks rather low.