Tax Avoidance Case – Lost in Ireland

For the first time the Irish Supreme Court has ruled on the provisions of anti-avoidance tax legislation set out in Section 811 Taxes Consolidation Act.

In a long running case dealing with a tax exemption on dividends from a company which had originally qualified for tax relief on profits derived from sales exported outside of Ireland the Supreme Court has ruled that the various steps taken by taxpayers in the company involved were a misuse of the tax relief having regard to the purpose for which it was originally intended.

It will be interesting to see how this impacts on other cases as they come through the Irish Court system over the coming years.

Watch this space.

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