Capital Acquisitions Tax Consolidation Act 2003
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Exemption of certain transfers from capital acquisitions tax following the dissolution of a marriage. [FA 1997 s142(1) and (2)] |
88.—(1) Notwithstanding any other provision of this Act, a gift or inheritance taken by virtue or in consequence of an order to which this subsection applies by a spouse who was a party to the marriage concerned is exempt from tax and is not taken into account in computing tax. | |
(2) Subsection (1) applies— | ||
(a) to a relief order or an order under section 25 of the Family Law Act 1995 , made, following the dissolution of a marriage, or | ||
(b) to a maintenance pending relief order made, following the granting of leave under section 23 (3) of the Family Law Act 1995 , to a spouse whose marriage has been dissolved, | ||
(c) to an order referred to in section 41 (a) of the Family Law Act 1995 , or an order under section 42(1) of that Act made in addition to or instead of an order under section 41 (a) of that Act, in favour of a spouse whose marriage has been dissolved, | ||
(d) to an order under Part III of the Family Law (Divorce) Act 1996 , and | ||
(e) to an order or other determination to like effect, made on or after 10 February 2000, which is analogous to an order referred to in paragraph (a), (b), (c) or (d), of a court under the law of another territory made under or in consequence of the dissolution of a marriage, being a dissolution that is entitled to be recognised as valid in the State. |