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ARTICLE · 04 SEPTEMBER 2025

InDisputes – Evaluating Targeted Anti-Avoidance In Irish Tax Appeals

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The Irish Tax Appeal Commission (the "TAC") recently rejected a taxpayer's (the "Appellant") claim for capital gains tax ("CGT") deferral under section 586 TCA. This decision offers an insight into the approach of the TAC in considering targeted anti-avoidance provisions under Irish tax legislation.

IrelandTax
Tomás Bailey
Tomás Bailey
Aidan Fahy
Aidan Fahy
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The Irish Tax Appeal Commission (the "TAC") recently rejected a taxpayer's (the "Appellant") claim for capital gains tax ("CGT") deferral under section 586 TCA. This decision offers an insight into the approach of the TAC in considering targeted anti-avoidance provisions under Irish tax legislation.

Background Facts

Section 586 TCA provides for a deferral of CGT on certain share exchanges. However, deferral is subject to a targeted anti-avoidance provision and, in particular, section 586 TCA does not apply unless the relevant share exchange "...does not form part of any arrangement or scheme of which the main purpose or one of the main purposes is the avoidance of liability to tax."

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