Tax Appeals Commission determination 140TACD2020 regarding Capital Gains Tax, 2020

• Administrative Decision Number: 140TACD2020
• Year: 2020
• Date: 12 May 2020
• Subject Matter: Capital Gains Tax
• Respondent: THE REVENUE COMMISSIONERS

140TACD2020

BETWEEN/

[APPELLANT]

Appellant

-and-

THE REVENUE COMMISSIONERS

Respondent

DETERMINATION

Appeal

1. This is an appeal against a Notice of Assessment to Capital Gains Tax for the

year 2014 dated 6 June 2017. The balance due on the assessment is €112,859.

The appeal relates to the application and interaction of section 598 and section

599 of the Taxes Consolidation Act, 1997 on the disposal of an asset.

Background

2. The return of income, charges and capital gains of [Mrs A] for the year 2013,

received by revenue online service on 13 November 2014, shows a disposal of

2.84 hectares of land for consideration of €495,000. The tax return, under the

heading ‘Claim to Reliefs – Self’ shows ‘Retirement Relief – Within the

Family’. The Self-Assessment to Capital Gains Tax of [Mrs A] for the year 2013

dated 14 November 2014 shows the amount of chargeable gains as nil and

amount of tax payable as nil.