23/06/2016
Supreme Court Upheld Judgement In Favour Of Revenue Commissioners
The Supreme Court has ruled in favour of the Revenue Commissioners, following a review of its case against Ronan McNamee.
The case involved a judicial review of the process Revenue deployed in challenging transactions under the general anti-avoidance legislation, contained in section 811 of the Taxes Consolidation Act 1997.
Mr McNamee had disputed a Notice of Opinion issued to him under section 811 seeking to withdraw the tax advantage claimed in relation to certain financial transactions.
In 2012, the High Court found the Applicant was not entitled to any of the reliefs sought.
Mr McNamee then appealed to the Supreme Court against the decision. In a unanimous decision, the Supreme Court upheld the validity of the notice of opinion issued by Revenue and dismissed that Applicant's appeal.
Speaking following the judgment, Revenue Chairman, Niall Cody, said: "This morning's judgment is welcome. It confirms and clarifies that Revenue followed fair and proper procedures in forming an opinion under the general anti-avoidance provisions set out in section 811 of the Taxes Consolidation Act 1997. This is an extremely important judgment in the context of Revenue's strategy of challenging tax avoidance."
(MH/LM)
The case involved a judicial review of the process Revenue deployed in challenging transactions under the general anti-avoidance legislation, contained in section 811 of the Taxes Consolidation Act 1997.
Mr McNamee had disputed a Notice of Opinion issued to him under section 811 seeking to withdraw the tax advantage claimed in relation to certain financial transactions.
In 2012, the High Court found the Applicant was not entitled to any of the reliefs sought.
Mr McNamee then appealed to the Supreme Court against the decision. In a unanimous decision, the Supreme Court upheld the validity of the notice of opinion issued by Revenue and dismissed that Applicant's appeal.
Speaking following the judgment, Revenue Chairman, Niall Cody, said: "This morning's judgment is welcome. It confirms and clarifies that Revenue followed fair and proper procedures in forming an opinion under the general anti-avoidance provisions set out in section 811 of the Taxes Consolidation Act 1997. This is an extremely important judgment in the context of Revenue's strategy of challenging tax avoidance."
(MH/LM)
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