The Gazette 1991

i SEPTEMBER 1991

GAZETTE

being taxed, it would appear that the appropriate scale is the scale as fixed by the County Registrar and/or Taxing Master. There is, however, some indication that at least some insurance companies are, as a matter of practice, willing to pay general practi- tioners the same scale as that applicable to consultants. ESTATE DUTY Members with queries on Estate Duty should contact: — Mr. Pat Dowling, Capital Taxes Branch, Revenue Commissioners, Dublin Castle. 6792777. Taxation Committee CAPITAL ACQUISITIONS TAX FORM CA24A, SHORT FORM OF INLAND REVENUE AFFIDAVIT An abbreviated form CA24 - Inland Revenue Affidavit - has been introduced by this Branch, form CA24A. It is designed to speed up the processing of Inland Revenue Affidavits in certain cases where the beneficiaries are not liable to tax. This innovation should further improve the service to solicitors in this area. Supplies of the new form CA24A may be obtained from this Branch, Tel. 6792777 Ext. 2236. Assistance regarding the use of the short form Affidavit may be obtained from the taxpayer advisory servica Tel: 6792777 Ext. 2226, 2227, 2228, 2018. Capital Taxes Branch, Dublin Castle. (Cont'd on p. 295) Litigation Committee

Unless therefore an unrestricted certificate of discharge has issued a solicitor cannot undertake to put a first legal charge in place over the property in favour of the lending institution or certify to a building society, that it can take a first legal charge in place over the property. If the certificate is restricted then any undertaking to the lending institution should be qualified to take account of the fact that the certificate is so restricted. Taxation Committee MEDICO/LEGAL FEES LAW SOCIETY'S POSITION 1. Agreement has been reached between the Irish Hospital Consultants Association and the Irish Insurance Federation in relation to a scale of fees to be paid to consultants for medico- legal reports and attendances at court. The agreed scale was published in the January/ February 1991 issue of the Gazette. 2. Some difficulties have arisen as to who precisely are represented by the Irish Hospital Consultants Association and the Irish Medical Organisation (IMO) It is clear, however, the the IMO represents some consultants and also, apparently, that some consultants are members of both bodies. The Irish Insurance Federation has indicated that the same level of fees are applicable to all consultants irrespective of which of those bodies they belong to. 3. No agreement has been reached with the IMO in relation to fees applicable to general practi- tioners. 4. The Law Society takes the view that it should not enter into discussions with the IMO alone in relation to a scale of fees for medico-legal work for general practitioners unless any such scale has first been agreed to by the Irish Insurance Federation. 5. For the foregoing reasons, the Law Society is unable to indicate to members what scale of fee is appropriate for general practi- tioners. Where the costs are

Pract ice Notes

CERTIFICATE OF DISCHARGE FROM CAT Capital Acquisitions Tax is a charge on the property comprised in the taxable gift or inheritance. The charge has priority over all other charges and interests created by the donee/successor. The charge lapses in favour of a bona fide purchaser or mortgagee for full value on the expiration of 12 years from the date of the gift/inheritance. When the tax has been paid the Revenue Commissioners are obliged to give a certificate of discharge from Capital Acquisitions Tax which may be limited in the following ways:- 1. Where there is a gift and the disponer dies within 2 years from the date of the gift, the gift is deemed to be an inheritance and additional tax becomes pay- able. The certificate of dis- charge will be restricted to cover this contingent liability. 2. If at the time of the issue of the certificate of discharge there has been no sale of the property but a sale takes place within 3 years of the date of gift or inheritance, the certificate will be restricted to cover this contingent liability. 3. Where agricultural relief is claimed in respect of a gift or inheritance and there is a sale within 6 years of the gift or inheritance the agricultural relief may be withdrawn and the certificate will be restricted to cover this contingent liability. Difficulties may arise if the donee/successor wishes to borrow money on the security of the pro- perty the subject matter of the gift/ inheritance. A lending institution will usually, and if it is a building society, must, insist on having a first legal charge over the property.

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