Dwelling house relief

Z

Zelda1959

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If I meet the criteria for dwelling relief except for the fact that I own 1/6 share of the property would I have to pay CAT?
  • you do not own, have an interest or a share in any other house, including one you acquired as part of the same inheritance
 
No, you’d be fine.

You can own a share of the property in question, just not a share in a different dwelling.
 
It means that if I inherit a share of a house that I live in and also (say) an apartment as part of the same inheritance, I don’t get the relief.

Although there was an interesting case recently around that very point, but the position has always been that simultaneous inheritance of two properties is a no-no.
 
Thank you so much. The clause is not very clear. I went to see my solicitor today and she admitted that she thought it could be the residential property not an additional one.
 
Zelda1959 said:
you do not own, have an interest or a share in any other house, including one you acquired as part of the same inheritance
Click to expand...

The above, taken from the Revenue website, is badly worded leading to your confusion.

The relevant clause in the CATC Act 2003, s86(3)(b) states:-

“is not, at the date of the gift or at the date of the inheritance, beneficially entitled to any other dwelling-house or to any interest in any other dwelling-house,”

That means having no beneficial interest in a dwelling house other than the one inherited.
 
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