Tax Appeals Commission determination 72TACD2020 regarding Income Tax, 2020

Administrative Decision Number72TACD2020
Year2020
Date20 February 2020
Subject MatterIncome Tax
RespondentREVENUE COMMISSIONERS
72TACD2020
APPELLANT
BETWEEN/
Appellant
V
REVENUE COMMISSIONERS
Respondent
DETERMINATION
Introduction
1. This is an appeal against an assessment, under Chapter 5 of Part 41A Taxes
Consolidation Act 1997, as amended (‘TCA 1997’), to income tax for the tax year 2016.
This appeal also relates to the operation of section 997A TCA 1997.
2. By agreement of the parties, this appeal is held without a hearing under section 949U
TCA 1997.
Background
3. The Appellant was jointly assessed with his spouse in the Year 1 tax year.
4. During Year 1 both the Appellant and his spouse were directors and >15%
shareholders in REDACTED, trading as REDACTED.
5. In Year 1, PAYE-related taxes, deducted from salaries paid to employees and the
directors were not fully remitted by the Company to the Respondent. The Company
entered the Examinership process on X date, Year 1. The Examiner failed to source
new investors and the Company was placed into a creditors liquidation on Y date,
Year 1. At the commencement of the Examinership there was a PAYE/PRSI liability of

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