Irish Revenue Commission Loses Tax Residency Case
Irish businessman Mr Denis O'Brien has successfully appealed against the Revenue
Commission concerning his residency status for tax purposes, the Irish Times
reported at the weekend. The case concerns Mr O'Brien's sale of his stake in Esat Telecom to British
Telecom for IRP230 million in 2000 whilst he was resident in Portugal. At the
time, capital gains tax was levied at 0% on Portugal compared to 20% in Ireland. At the same time as ruling in favour of O'Brien, the Supreme Court refused
his application that his hearing be made in private to bar a Sunday newspaper
reporting on the case, in which it was alleged he owed the Revenue 55 million euros
from his time in residency in Portugal. The Court however ruled that there were
no grounds for allegations that O'Brien had acted dishonestly in his dealings
with the Revenue Commission and said any suggestion otherwise would represent a "grave
breach of the law". The Revenue Commission is said to be considering a review of the Revenue Appeal
Commission's decision in the High Court, according to the Irish Times. .
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