Tax Appeals Commission determination 14TACD2017 regarding Capital Acquisitions Tax, 2017

• Administrative Decision Number: 14TACD2017
• Year: 2017
• Date: 17 December 2013
• Respondent: REVENUE COMMISSIONERS

14TACD2017

BETWEEN/

NAME REDACTED

Appellant

V

REVENUE COMMISSIONERS

Respondent

DETERMINATION

Introduction

1. This is an appeal against an assessment to Capital Acquisitions Tax (‘CAT’) raised on

[DATE REDACTED] March 2016, originally €370,684 and subsequently reduced to

€365,473, in respect of the period [DATE REDACTED] May 2011 to [DATE

REDACTED] November 2011. The Appellant filed a Notice of Appeal on [DATE

REDACTED] April 2016.

2. The appeal concerns the question of whether the Appellant is entitled to claim a credit

pursuant to section 104 of the Capital Acquisitions Tax Act 2003 (‘CATCA 2003’) for

capital gains tax on the disposal of the land as against the additional capital

acquisitions tax arising from the clawback of the agricultural relief.

Facts

3. The Appellant inherited agricultural property valued at €1.7 million on the death of

his uncle (‘the disponer’) in 2011 to which he was entitled to claim agricultural relief

pursuant to section 89 CATCA 2003. The CAT payable in respect of the inheritance

after agricultural relief amounted to €34,141.00 which was duly paid. In April 2015,