The Commercial Court delivered its decision in the case of Kinsella v Revenue Commissoners on Tuesday, 31 July 2007, in favour of the taxpayer. The case dealt with the application of the Ireland-Italy tax treaty to Irish capital gains tax.

In Summary:

• The Ireland/Italy tax treaty applies to Irish Capital Gain Tax pursuant to the provisions of Article 2 of the treaty
• For the purposes of compating the period or periods of days in the relevant fiscal year, presence in Ireland is to be determined in accordance with TCA 97 s.819 (4) i.e. an individual is deemed to be present in the State for a day if that individual is present in the State of the end of the day.