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The High Court has dismissed an appeal by way of a case stated from the Tax Appeals Commission, and affirmed a determination that an individual did not transfer his quarry business to a newly incorporated company, thereby holding him personally liable for income tax on the trade for the years assessed. The original decision by the Tax Appeals Commission found that despite the individual's claims and certain company resolutions suggesting a transfer, the essential elements of the quarry business—including the quarry license, machinery, and trading activities—remained with the individual. The High Court concluded that there was no error in law or fact in the Commission's decision, as the evidence did not support a transfer of the business to the company.
Tax Appeals Commission, High Court, quarry business, transfer of business, income tax liability, company incorporation, corporate tax, VAT, Relevant Contracts Tax (RCT), PRSI, revenue audit, amended assessments, evidence, documentary proof, extraordinary general meeting (EGM), resolution, burden of proof, Finance (Tax Appeals) Act 2015, EU Charter of Fundamental Rights, European Convention on Human Rights, undisclosed agent, conveyance of land, trading activities, licensing, machinery ownership.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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