Disposal of business/farm on retirement

30/04/1997

Query

Must ten year requirement be absolute with regard to terminally ill.

Decision

Revenue accepted that the requirement of S.598 was met in one case where very exceptional circumstances applied. A sole trader was terminally ill. The business required a high level of personal input by him. His wife did not consider that she could manage the business in the period of some months before his death. Had a request made to Revenue without the traders knowledge. The assets had been in the traders' possession for nine years.

Capital Gains Tax

Section 598, Taxes Consolidation Act, 1997

Origin: Direct Taxes International and Administration

File ref:4107/97




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