Supreme Court judgment: Ronan McNamee v Revenue Commissioners

The Supreme Court, this morning (22/06/2016), delivered its judgment in the case of Ronan McNamee v the Revenue Commissioners.

Speaking following the judgment, Revenue Chairman, Niall Cody, said:

"This morning's judgment is welcome. It confirms and clarifies that Revenue followed fair and proper procedures in forming an opinion under the general anti-avoidance provisions set out in section 811 of the Taxes Consolidation Act 1997. This is an extremely important judgment in the context of Revenue's strategy of challenging tax avoidance."

This case involved a judicial review of the process Revenue deployed in challenging transactions under the general anti-avoidance legislation, contained in section 811 of the Taxes Consolidation Act 1997. A Notice of Opinion under section 811 issued to Mr. McNamee seeking to withdraw the tax advantage claimed by him in relation to certain financial transactions. The Applicant had sought an order quashing Revenue's notice of opinion, issued by a nominated officer of Revenue, under section 811.

The High Court, in a decision of Mr. Justice Brian J. McGovern on 27/11/2012, found the Applicant was not entitled to any of the reliefs sought.

The Applicant appealed to the Supreme Court against the decision of Mr. Justice Brian J. McGovern. In a unanimous decision, the Supreme Court, today, upheld the validity of the notice of opinion issued by Revenue and dismissed that Applicant’s appeal.

[Ends: 22/06/16]