The IT38 is the Capital Acquisitions Tax (CAT) return you file with Revenue after receiving a gift or inheritance. The deadline catches many beneficiaries off guard because it is tied to the valuation date, not the date of death or the date the money reaches you. This guide explains the 31 October rule, the 80% filing trigger that means you may have to file even when no tax is due, and what happens if you miss the date.
It sits within our wider guide to how inheritance tax (CAT) works in Ireland, which covers thresholds, the 33% rate, and how an inheritance is taxed. Here we focus on the single question beneficiaries most often get wrong: when, exactly, the return is due.
The 31 October rule: two windows
Every IT38 deadline is 31 October. The only thing that changes is the year, and that is decided by a single fact: when your valuation date falls. There are two windows, and the table below shows both.
1 January and 31 August
31 October of the same year
1 September and 31 December
31 October of the following year
IT38 pay-and-file deadlines depend on when your valuation date falls. The deadline is always 31 October — only the year changes. Source: Revenue.
| Valuation date falls between | File and pay your IT38 by |
|---|---|
| 1 January and 31 August | 31 October of the same year |
| 1 September and 31 December | 31 October of the following year |
Worked example — first window. A grant of probate issues on 14 March 2026 and, on these facts, the valuation date works out as 14 March 2026. That falls between 1 January and 31 August, so the IT38 is filed and the tax paid by 31 October 2026.
Worked example — second window.A grant issues on 20 October 2026 and, on these facts, the valuation date works out as 20 October 2026. That falls between 1 September and 31 December, so the deadline moves to 31 October 2027 — a full year later. Two inheritances seven months apart can therefore have deadlines almost a year apart.
How to work out your IT38 deadline
Four steps take you from your valuation date to a firm filing and payment date.
Establish your valuation date
The valuation date is the date that starts your deadline clock. For an inheritance, Revenue defines it as the earliest of when the executor or administrator is entitled to retain the asset for you, when it is retained, or when it is given to you. In practice that often falls on or around the date the grant of probate issues. If you already held the asset at the date of death — for example, a home you occupied that passes by survivorship — the valuation date can be the date of death. It is usually not the date of death for a cash inheritance, and it is not simply the date the money reaches your account.
Identify which window your valuation date falls in
There are only two windows. If your valuation date falls between 1 January and 31 August, you are in the first window. If it falls between 1 September and 31 December, you are in the second. The window decides which year your 31 October deadline lands in.
Calculate your deadline
For a valuation date between 1 January and 31 August, the deadline is 31 October of the same year. For a valuation date between 1 September and 31 December, the deadline is 31 October of the following year. The day and month never change — only the year does.
File the IT38 and pay the tax
Filing and paying are a single obligation, often called “pay and file”. Both must be completed by 31 October. Submit the IT38 through myAccount or ROS and pay any tax due at the same time. Filing without paying, or paying without filing, does not meet the deadline.
The 80% filing trigger: when you'll need to file even with no tax to pay
The most commonly missed obligation in Irish inheritance tax is the 80% rule. You'll need to file an IT38 once the total taxable value of your gifts and inheritances within a group exceeds 80% of the relevant group threshold — even if you owe no CAT at all. Revenue states this clearly: the filing duty arises before any tax is due.
In other words, crossing 80% of your threshold triggers a filing duty, not a tax bill. Plenty of beneficiaries assume that owing no tax means having nothing to do. That assumption is exactly what leads to a missed return and an avoidable surcharge.
The 80% trigger uses 80% of your groupthreshold, which depends on your relationship to the person who left you the benefit. Group A applies primarily to children (including adopted and step-children) inheriting from a parent, and also to a parent who takes an absolute interest from a deceased child. Group B covers other close relatives, including siblings, nieces and nephews, grandparents and grandchildren. Group C covers everyone else. Revenue applies the 80% test against whichever group threshold corresponds to your benefit. For the exact categories, see Revenue's CAT groups guidance.
What happens if you miss the deadline
Filing late triggers a surcharge calculated as a percentage of the tax due. The surcharge depends on how late the return is, and each band is capped. The table below shows both bands.
Up to 2 months late
5% of the tax due
€12,695
More than 2 months late
10% of the tax due
€63,485
CAT late-filing surcharges. The surcharge is a percentage of the tax due, subject to the cap shown. Interest accrues separately. Source: Revenue.
| How late the return is | Surcharge | Capped at |
|---|---|---|
| Up to 2 months late | 5% of the tax due | €12,695 |
| More than 2 months late | 10% of the tax due | €63,485 |
Interest is charged separately from the surcharge. It accrues on any tax paid late, currently at a daily rate of 0.0219%, running from the due date until you pay. A late return can therefore attract both a surcharge for filing late and interest for paying late — two distinct charges on the same liability.
Where the 80% rule means you'll need to file but owe no tax, a percentage-based surcharge has nothing to bite on. The real risk in that situation is having an open obligation on Revenue's records, which can complicate a future inheritance, a tax clearance, or the sale of an inherited asset. Filing on time keeps your record clean even when nothing is owed.
Aggregation: why prior gifts count toward the 80%
Revenue does not look at your current inheritance in isolation. It adds up the taxable value of every benefit you have received within the same group threshold since 5 December 1991. Prior gifts and inheritances from the same group all count toward the 80% — not just the benefit in front of you.
A common worry: “I got a gift from my parents five years ago — does it count?” Yes. A gift from a parent sits in Group A, the same group as an inheritance from a parent. Its taxable value is added to your current inheritance when testing whether you have crossed 80% of the Group A threshold.
The annual small-gift exemption is a narrow carve-out. The first €3,000 of any gift from a single person in a calendar year is exempt from CAT and is not counted toward your thresholds. Note this exemption applies to gifts only — it does not apply to inheritances. Larger gifts, and the portion of any gift above €3,000, are aggregated in the normal way. Do not assume modest past gifts are irrelevant — only the exempt slice is left out.
How to know your valuation date
Because the whole deadline turns on the valuation date, it is worth confirming rather than guessing. For an inheritance, Revenue defines the valuation date as the earliest of when the executor or administrator is entitled to retain the asset for you, when it is retained, or when it is given to you. For cash or a residual share under a will, that often falls on or around the date the grant of probate issues. Where an asset was already in your possession at death — such as a home you occupied that passes by survivorship — the valuation date can be the date of death instead. In complex estates, confirm the exact date with the executor or a tax adviser.
If you are unsure, ask the executor two things: whether the grant of probate has issued, and on what date. Setting your valuation date correctly is part of the executor's obligations on tax clearance before the estate is distributed, so the executor should be able to tell you the date that fixes your deadline.
Paying and filing the IT38
You can file the IT38 through myAccount or through ROS (Revenue Online Service). Both calculate the tax for you based on the figures you enter. There is also a simplified paper form, the IT38S, for the most straightforward cases.
Remember that “pay and file” means both must happen by 31 October. The return tells Revenue what you received; the payment settles any tax due. Completing one without the other does not meet the deadline, and a missed payment attracts interest even if the return itself was filed on time.