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| Civil Partnership Tax Bill Published |
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By
Lavelle Coleman Solicitors
Jun 13, 2011 |
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New legislation which allows couples in civil partnerships to receive the same tax treatment as married couples has been published.
The Finance (No 3) Bill 2011 also allows registered civil partnerships to avail of the same tax benefits for areas such as income tax, stamp duty, capital acquisitions tax, capital gains tax and VAT.
It also allows for the taxation redress scheme for opposite-sex and same-sex cohabiting couples in the event of the break-up of their relationships. The Bill published today is provided for in the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010.
The introduction of changes to tax legislation to implement the 2010 act, which were promised under the former Fianna Fáil/Green Party coalition government were delayed due to the general election earlier this year.
Minister for Finance Michael Noonan said the legislation was published separately from the Finance (No. 2) Bill 2011 "as it implements changes that go right through the tax system and will require detailed consideration."
New laws allowing same-sex couples to register their civil partnership came into force at the beginning of 2011 with the first couple to have their partnership recognised on January 17th.
Civil partnership is a legal arrangement that can be entered into by any two people of the same sex once they reach 18 years of age. Legally, civil partnership differs from marriage but brings with it many of the same rights and responsibilities.
Couples who wish to enter a civil partnership must give three months’ notice of their intention to their local registrar. In exceptional cases, such as illness, a court can grant an exemption to the three-month notice period.
As in a marriage, civil partners are obliged to maintain each other financially and to share resources. If civil partners wish to end their relationship they must enter a dissolution process, equivalent to a divorce. A dissolution can be granted only through the courts.
As things stand, the non-birth parent in a civil partnership cannot form a legal relationship with the non-biological child or children of a civil partner. The Law Reform Commission has recommended allowing civil partners to apply for guardianship.
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