Dwelling house CAT exemption 3 year rule

T

The Ghoul

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I'm just trying to interpret the Revenue guidance as it applies to my situation
http://www.revenue.ie/en/tax/cat/leaflets/cat10.html

My query relates to the following conditions
  1. The beneficiary must have continuously occupied the dwelling house as his/her only or main residence for a period of three years immediately before the date of the inheritance.
  2. The beneficiary must not be entitled to an interest in any other dwelling house at the date of the inheritance.
If I were to live a house with an elderly relative and it is my primary residence but I also own a second property - do I have to sell the second property at least 3 years before the date of the inheritance to avail of the exemption. My interpretation of the above is that I wouldn't have to sell it 3 years before as long as I didn't own it at the date of inheritance. I think I would satisfy the condition of having occupied the exempted property as my only or main residence for the 3 years. Now on the other hand if it were to say only and main residence then things might be different?

Also, a query more related to social welfare so probably should be in a different forum but maybe somebody can comment. John lives in a property with Mary his widowed elderly relative (who has health issues but is not incapacitated) John doesn't own any other property. John is away all day at work so Mary is spending large amounts of time on their own. Can Mary claim the Living Alone allowance?

Thanks
 
Would appear to me that while you may have an interest in another residence during the three year period in which you live with the donor, it would have to be disposed of prior to the date of interitance
 
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