O'Flynn Construction Co. Ltd before the Supreme Court
Last month, the case of O'Flynn Construction Co. Ltd v Revenue Commissioners was heard in the Supreme Court. This case concerns section 811 TCA 1997 which is the main general tax anti-avoidance provision. The case was first heard by the Appeal Commissioners which found in favour of O'Flynn Construction Co. Ltd. Revenue appealed the decision to the High Court which found in their favour. O'Flynn Construction Co. Ltd subsequently appealed to the Supreme Court. The issue before the Supreme Court is whether or not the transaction was a tax avoidance transaction under tax legislation.
A judgement from the Supreme Court is likely to take some time to issue.