Case Law

This appeal to the Tax Appeals Commission (TAC) asked the question is the taxpayer entitled to a credit for capital gains tax (CGT) paid against additional capital acquisitions tax (CAT) arising from the clawback of agricultural relief. The Tax Appeals Commissioner accepted Revenue’s position that the clawback provision does not create a separate charge to tax. 14TACD2017

Appeal as to whether the credit for income tax paid by the Appellant’s parents which is treated as CGT pursuant to section 730K(5) of the TCA1997, is available to offset against the Appellant’s CAT liability. 27TACD2023