PART IV

Income Tax, Capital Acquisitions Tax, Capital Gains Tax, Probate Tax and Stamp Duty

31. —Payments of money pursuant to an order under this Act (other than under section 17 ) shall be made without deduction of income tax.

32. —Where a payment to which section 3 of the Finance Act, 1983 , applies is made in a year of assessment (within the meaning of the Income Tax Acts) by a spouse who was a party to a marriage that has been dissolved for the benefit of the other spouse and—

(a) both spouses are resident in the State for tax purposes for that year of assessment, and

(b) neither spouse has entered into another marriage,

then, the provisions of section 4 of the Finance Act, 1983 , shall, with any necessary modifications, have effect in relation to the spouses for that year of assessment as if their marriage had not been dissolved.

33. —(1) Subject to subsection (3), stamp duty shall not be chargeable on an instrument by which property is transferred pursuant to an order to which this subsection applies by either or both of the spouses who were parties to the marriage concerned to either or both of them.

(2) Section 74 (2) of the Finance (1909-10) Act, 1910, shall not apply to a transfer to which subsection (1) applies.

(3) (a) Subsection (1) applies to an order under Part III .

(b) Subsection (1) does not apply in relation to an instrument referred to in that subsection by which any part of or beneficial interest in the property concerned is transferred to a person other than the spouses concerned.

34. —Notwithstanding the provisions of the Capital Acquisitions Tax Act, 1976 , a gift or inheritance (within the meaning, in each case, of that Act) taken by virtue or in consequence of an order under Part III by a spouse who was a party to the marriage concerned shall be exempt from any capital acquisitions tax under that Act and shall not be taken into account in computing such a tax.

35. —(1) Notwithstanding the provisions of the Capital Gains Tax Acts, where, by virtue or in consequence of an order made under Part III on or following the granting of a decree of divorce either of the spouses concerned disposes of an asset to the other spouse, both spouses shall be treated for the purpose of those Acts as if the asset was acquired from the spouse making the disposal for a consideration of such amount as would secure that on the disposal neither a gain nor a loss would accrue to the spouse making the disposal:

Provided that this subsection shall not apply if, until the disposal, the asset formed part of the trading stock of a trade carried on by the spouse making the disposal or if the asset is acquired as trading stock for the purposes of a trade carried on by the spouse acquiring the asset.

(2) Where subsection (1) applies in relation to a disposal of an asset by a spouse to the other spouse, then, in relation to a subsequent disposal of the asset (not being a disposal to which subsection (1) applies), the spouse making the disposal shall be treated for the purposes of the Capital Gains Tax Acts as if the other spouse's acquisition or provision of the asset had been his or her acquisition or provision of the asset.

36. —Subsection (1) of section 115A of the Finance Act, 1993 (which was inserted by the Finance Act, 1994 , and provides for the abatement or postponement of probate tax payable by a surviving spouse)—

(a) shall apply to a spouse in whose favour an order has been made under section 18 as it applies to a spouse referred to in the said section 115A, and

(b) shall apply to property or an interest in property the subject of such an order as it applies to the share of a spouse referred to in the said section 115A in the estate of a deceased referred to in that section or the interest of such a spouse in property referred to in that section,

with any necessary modifications.