Revenue loses €30k appeal

A partner in a film distribution company could not be made liable for a €30,000 income tax bill 10 years after he filed a €63,000 loss in his self-assessed returns because of a four-year time limit for re-opening of a compliant taxpayer’s affairs, the Supreme Court has ruled.

The court dismissed an appeal by Revenue against a High Court decision in favour of Hans Droog who had claimed tax relief for 1996/97 on his IR£50,046 (€63,558) share of losses in Taupe Partners which was involved in the acquisition, distribution and licensing of films.

In 1998, he received an assessment for 1996/’97 which was in accordance with his return and which allowed relief for his loss.

Ten years later, however, in 2007, Revenue notified him that the loss transaction was a tax avoidance measure and he had, therefore, paid IR£24,022 less tax than he should have.

Mr Droog appealed Revenue’s notice and an Appeals Commissioner found the tax avoidance claim was out of time.