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Revisions to general anti-avoidance regime

Ireland

The process the Revenue Service must follow to successfully withdraw a tax advantage following a transaction constituted as tax avoidance has been altered. Taxand Ireland examines these revisions.

The main revisions are:

  • There will be no time limit for raising a notice of assessment under the GAAR provisions 
     
  • The surcharge which becomes payable on a Revenue Service finding that a transaction constitutes tax avoidance resulting in a tax advantage has been significantly increased from 20% to 30% of the amount of the tax advantage
     
  • The New GAAR removes the taxpayer’s right to appeal the opinion formed by Revenue that the transaction fell within the general anti-avoidance provisions on certain specified grounds.

Discover more: Changes to Ireland’s general anti-avoidance regime


Your Taxand contact for further queries is:
Martin Phelan
T. +353 1639 5139
E. martin.phelan@williamfry.ie

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Also published in Thomson Reuter's TaxNet Pro

Taxand's Take

The alterations will apply to transactions entered into on or after 23 October 2014.

Taxand's Take Author

Martin Phelan
Taxand Board member
Ireland

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