Case Law

Palmer v Moloney and anor 1999 STC 890 considered the meaning of “full-time working officer” or “employee”.

Disposal of milk quota nearly a year after disposing of farm and ceased farming did not constitute a disposal of the whole or part of a business. Wase v Bourke 1996 STC 18

In Davenport v Hasslacher 1997 STC 254 it was held that the phrase “during a period” meant “throughout the entire period of 10 years, and not “at any time during that 10 year period”.

Taxpayer’s claim for retirement relief in respect of shares that were chargeable business assets as used for the purpose of farming was denied. 28TACD2019

The Applleant stated that his mother claimed section 598 TCA 1997 relief on a disposal to a third party regardless of the desciption of the claim on her tax return and that a subsequent sale by the Applleant should not trigger a clawback of retirement relief under section 599(4) TCA 1997. 140TACD2020

This appeal considers whether the base cost of property for CGT purposes was the value at the date of grant of probate or the value on the date the Appellant became beneficially entitlement in possession to the property in question. The appeal also considered entitlement to Retirement Relief focusing on the meaning of a “chargeable business asset”. 156TACD2020

Entitlement to Retirement relief 23TACD2023