Tax Appeals Commission determination 33TACD2017 regarding VRT, 2017

• Administrative Decision Number: 33TACD2017
• Year: 2017
• Date: 01 January 1993
• Subject Matter: VRT
• Respondent: THE REVENUE COMMISSIONERS

1

33TACD2017

NAME REDACTED

Appellant

V

THE REVENUE COMMISSIONERS

Respondent

DETERMINATION

Introduction

1. This appeal concerns the valuation of a vehicle for the purposes of ascertaining the

open market selling price (‘OMSP’) in respect of the calculation of a repayment of

vehicle registration tax (‘VRT’) in accordance with the export repayment scheme. This

appeal is determined in accordance with section 949U of the Taxes Consolidation Act

1997, as amended (‘TCA 1997’).

Background

2. The vehicle, the subject of this appeal, is a TVR Tuscan Coupe, 4.0, registration

[REDACTED] (hereafter ‘the vehicle’).

3. In May 2016, the Appellant appealed the VRT repayment amount calculated by the

Respondent in accordance with section 135D of the Finance Act 1992, as amended,

with regard to the assigned OMSP of €25,160. On 15/8/2016, the Respondent

assigned a revised OMSP of €27,500. The Appellant appeals on grounds that the OMSP

of €27,500 is understated. The Appellant contends for an OMSP of €73,284.

4. In order to obtain a repayment in accordance with section 135D of the Finance Act

1992, a number of conditions must be met including; that the vehicle is a VRT

category ‘A’ vehicle, that VRT was paid in full at the time of registration and that the

OMSP was not less than €2,000 at the time of examination of the vehicle. All of these