Donnelly Neary & Donnelly make complaint to the European Commission against the Government of Ireland alleging discriminatory tax treatment of Uk residents under the Inhertiance Tax legislation in the Republic of Ireland.
The European Commission have accepted that the Irish Government have a case to answer in the matter and that in the absence of a satisfactory response enforcement proceedings will be bought against Ireland by the EU in respect of this breach of its traty obligations.
This case follows the successful prosecution of Spain by the Commission concerning the discriminatory treatment of UK citizens under its Capital Gains Tax regime whereby Spanish citizens were charged a lower tax rate then other EU citizens.
In the present case an Estate in which we are acting is unable to claim business relief for Capta Acquisitions Tax as the beneficiary is not resident in the Republic of Ireland even though he owns and carries on business as a farmer both in the UK and in the Republic of Ireland with farms only a few miles apart.
