Case Law

This page shows a summary of relevant case law. To view the section of legislation to which the case law applies, click the link below:

Case Law

A company whose businesses included mining of fireclay received compensation for loss of mining rights. The land continued to be held by the company and it was held that the compensation payment was for the loss of a capital asset. Glenboig Union Fireclay Company Ltd 1921 12 TC 427

Payment of statutory compensation for disturbance of rights under a lease was not derived from an asset but by reason of statute. Davis v Powell 1977 STC 32

In Davenport v Chilver 1983 STC 426 a payment under a statutory compensation fund was held to be a capital sum derived from an asset.

Compensation for loss of trading stock, damage to and loss of contents, loss of profits and for improvements, was held to be compensation in respect of loss of profits and therefore it was an income receipt. Lang v Rice 1984 STC 172

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