S.L. 364.15 Art. 8Benefit applicable to certain transfers of business causa mortis. 

(1) Notwithstanding any other provision of the Duty on Documents and Transfers Act, where:

(a) proof in writing is produced that demonstrates that prior to his death, an individual, hereinafter referred to as "the deceased", had a genuine intention to make a transfer by gratuitous title to persons referred to in article 5(2)(e)(i) of the

Income Tax Act:

Provided that where such proof in writing does not constitute a document referred to in sub-article (3)(b), such proof shall be endorsed by a person referred to in sub-article (3)(d) within a period not exceeding three hundred and sixty-FOR BUSINESS (EXEMPTION)

five days (365) from the day the deceased died;

(b) had such transfer been completed immediately before the death of the deceased, the transfer would have satisfied all the conditions and eligibility requirements prescribed in this order;

(c) such transfer was not completed solely by reason of the death of the deceased occurring before the execution of the relevant public deed;

(d) upon the death of the deceased, the property which was intended to be transferred is acquired causa mortis by the said person who had been identified in the proof in writing referred to in paragraph (a) as the intended donee of the proposed transfer; and

(e) such acquisition is not prevented, altered, redirected or otherwise affected by the provisions of any will or other testamentary disposition, or by the operation of any law, the acquisition shall be chargeable with duty at the causa mortis rate of one euro and fifty cents (€1.50) for every one hundred euro (€100), or part thereof, of the value thereof:

Provided that the provisions of articles 5 and 6 shall also apply in relation to such acquisitions.

(2) The provisions of this article shall only apply where:

st

(a) the deceased died on a date after 31 December 2025;

(b) the proposed transfer by gratuitous title was bona and not for the purpose of avoiding any applicable legal fide provision;

(c) the proposed transfer had not been abandoned, revoked, withdrawn or materially altered before the death of the deceased; and

(d) the proposed transfer would, but for the death of the deceased, have been completed in the ordinary course of events.

(3) For the purposes of this article, the requirements of sub-articles (1)(a) and (2) may be established by any of the following, as applicable in the circumstances:

(a) any documentation, declaration, notice, certification, confirmation or other evidence required or contemplated under this order;

(b) any document signed by the deceased that constitutes a written promise of donation, agreement, declaration, succession plan, shareholders’ agreement, board resolution or other written instrument evidencing the proposed transfer;

(c) proof that substantial and demonstrable steps had been taken towards completing the proposed transfer;

(d) a declaration made under oath by a warranted advocate, certified public accountant, notary public or other professional person acceptable to the Commissioner, confirming the facts and circumstances giving rise to the claim:

Provided that where the documents referred to in paragraphs (a) and (c) are produced, such shall be accompanied by the declaration referred to in paragraph (d), which declaration shall refer to the documents referred to in paragraphs (a) and (c), as the case may be:

Provided further that the Commissioner may, on the basis of objective evidence, refuse to accept a document referred to in this sub-article where he is not satisfied that such document is appropriate for establishing the requirements of sub-articles (1)(a) and (2).

(4) The burden of proving entitlement to the benefit provided for in this article shall rest upon the person identified as the intended donee in the documentary evidence referred to in sub-article

(3) who claims the rate referred to in sub-article (1). Where the

Commissioner is satisfied of such entitlement, he shall issue a certificate confirming entitlement to the benefit, which certificate shall be attached to the declaration of the relevant transfer causa mortis drawn up in accordance with article 33 of the Duty on Documents and Transfers Act. The Commissioner may determine the forms, procedures, details and documents required for the issue of such certificate.

(5) This article shall only apply where the property devolves upon and is acquired by the said person who was causa mortis identified as the intended donee in the documentary evidence referred to in sub-article (3).

(6) The Commissioner may refuse a claim under this article where he is not satisfied, on the basis of objective evidence, that the intended transfer would have qualified for the reduced rate prescribed under this order had it been completed prior to the death of the FOR BUSINESS (EXEMPTION)

deceased.