InDisputes – Land Development: When Is A Taxpayer Trading?

In the recent case 196TACD2025, the Irish Tax Appeals Commission ("TAC") considered two interesting points; (i) whether a taxpayer was carrying on a trade of land development and entitled to claim loss relief and (ii) whether the taxpayer could object to Revenue issuing its notice of assessment outside the statutory time limit when that objection had not been included in the taxpayer's Notice of Appeal.

The determination provides a useful insight into the factors that TAC will consider in determining whether a trade of land development is being carried out, including:

1. the impact of any funding arrangements put in place by a taxpayer in connection with their land development activities;