Tax Appeals Commission determination 07TACD2017 regarding Capital Acquisitions Tax, 2017

Administrative Decision Number07TACD2017
Date01 September 2010
Subject MatterCapital Acquisitions Tax
1. This appeal relates to the question of the availability of an exemption in accordance
with section 86 of the Capital Acquisitions Tax Act 2003 (‘CATCA 2003’) commonly
referred to as ‘dwelling-house exemption’. The dwelling-house, the subject matter of
the exemption claim, is located at [ADDRESS REDACTED] (hereafter ‘the dwelling-
2. In January 20XX, the Appellant was the owner of a property at [ADDRESS
REDACTED] a two-story duplex apartment unit (hereafter ‘the apartment’). The
parties to this appeal each accept that the Appellant disposed of this property by way
of assignment, on 25 January 20XX. The parties disagree in relation to the date upon
which the Appellant became beneficially entitled in possession, to the dwelling-
3. The matter at issue in the appeal relates to whether the Appellant was, at the date of
the gift of the dwelling-house, beneficially entitled to any other dwelling-house or to
any interest in any other dwelling-house in accordance with s.86(3)(b) CATCA 2003.
The parties to this appeal differ in relation to the date of the gift of the dwelling-house.
4. The Respondent, in disallowing the claim for exemption, raised a notice of assessment
to Capital Acquisitions Tax on [DATE REDACTED] 2014 in the sum of €[AMOUNT
REDACTED] in respect of the period 1 September 20XX to 31 August 20XX.
5. By deed dated [DATE REDACTED] 2004, the Appellant’s father, established a trust
(hereafter ‘the trust’). The dwelling-house was acquired by the trust on [DATE
REDACTED] 2005. The trustees were the parents of the Appellant (hereafter ‘the
6. In January 20XX, the trustees gifted the dwelling-house to the Appellant. On 21
January 20XX, the trustees signed the deed of appointment and the deed of transfer
in relation to the gift of the dwelling-house, in the presence of their solicitor, Ms. Z.,
who duly witnessed their signatures.
7. Subsequently, on 21 January 20XX, the deed of transfer was furnished to and signed
by the Appellant and was witnessed by the Appellant’s solicitor, Ms. Y. The deed of
transfer was left undated at that meeting.
8. On 23 February 20XX, Ms. Z., solicitor for the trustees, wrote to Ms. Y., solicitor for the
Appellant, indicating a completion date re the transaction of 26 January 20XX. On 26
January 20XX, Ms. Z. dated the deed of appointment 19 January 20XX, in error. A copy
of the deed of appointment was enclosed under cover of this letter together with some
other documentation.
9. Prior to submitting an e-stamping application to the Respondent, Ms. Y. dated the
deed of transfer, 25 January 20XX, in error. The Appellant contended that it should
have been dated 26 January 20XX while the Respondent contended there was no
validity to the date of 26 January 20XX, the deed having been signed by all relevant
parties on 21 January 20XX.
10. Subsequently, on 20 April 20XY, the trustees and the Appellant executed deeds of
rectification. The deeds of rectification provided that the trustees and the Appellant
agreed that the dwelling-house was appointed to the Appellant on 26 January 20XX

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT