Cases Submitted

The lists below provide a guide in relation to the classification of activities as trading. Opinions on the classification of activities as trading are arrived at with reference to the facts and circumstances specific to each case. The key issues, in the decision making process are the activity, authority and skill levels within the company. Advance opinions are given only in cases where it is clear that the facts as outlined show that a company will be carrying on trading activities. In certain cases, it is not possible to give an opinion as ultimately whether or not a company is trading will depend on how an activity develops and the degree to which the company's income arises from such activity.

Cases submitted to Revenue for an opinion on the classification of activities as trading activities which were finalised in the period December 2002 to March 2004

List of cases submitted to Revenue for an opinion on the classification of activities as trading activities: December 2002 to March 2004
  Date Received No of Employees in Ireland Description of Activity Opinion Given Reason
1 Dec-02 None Provision of aircraft warehousing facility until airline is in a position to take full ownership and delivery of aircraft. Under the arrangement an Irish SPC will take an assignment of a purchase contract between an aircraft manufacturer and an airline and will enter into an agreement with the manufacturer to store the aircraft until required by the airline. The SPC will charge the airline a fee for the warehousing arrangement. Not Case 1 SPC is a conduit company, there is no real activity, it did not negotiate the original purchase contracts and merely takes assignment of the contract, There is no real profit motive in the transaction.
2 Dec-02 1 senior Manager. Work outsourced to other group companies who would have in excess of 35 employees engaged in the activity. Construction and operation of an electricity generation project. Case 1 confirmed Case 1 confirmed on basis that the company will be generating and selling electricity. The senior manager has overall responsibility for the operations including the outsourced operations
3 Jan-03 5 The company will be involved in web hosting, online marketing of pharmaceuticals, marketing and distribution of medical devices and health and beauty products, and administrative and support services for online and retail sales and marketing organisations within the worldwide group. Case 1 confirmed Case 1 confirmed on the basis of the level of activities involved and staff with the appropriate level of skills and expertise are employed by the company
4 Jan-03 Not stated Franchise operation No opinion given Not enough information given in relation to operation of company. Further information requested in May 2003 but the case was not pursued by agents.
5 Feb-03 Not stated Joint venture company established to finance the purchase of aircraft. The company will set up an SPC for each transaction. The SPC will borrow from its parent or a 3rd party and on-lend or finance lease to the airline. Not Case 1 Not Case 1 as the SPC is essentially passive. The characteristics of a trade are absent. The activities undertaken are not sufficient to be regarded as trading activities. The real decision making and planning takes place elsewhere
6 Mar-03 None Company will be responsible for the group's global brand management activity for which it will receive royalty income from group companies and third parties Not Case 1 Under the new structure, the work involved in targetting, evaluating and negotiating contracts with suitable partners would be undertaken by other group companies. The company is carrying on investment activities from which royalties are derived. Case IV is the more appropriate classification.
7 Mar-03 Outsourced initially Company will be involved in (1) group financing and treasury operations and (2) charter of vessel on a long - term basis to other group company (1) Case 1 confirmed (2) Not Case 1 (1)Case 1 confirmed for finance and treasury activities. The Irish company will be actively managing the business and will make the strategic decisions in relation to the financing and treasury operations. The outsourcing arrangement will be managed and controlled by Irish resident directors who have the appropriate level of expertise in this area (2) In relation to vessel charter, the companies will not be carrying on sufficient activities to be regarded as trading. The companies are not involved in the strategic and high level decision making process and it seems that the real authority, responsibility and decision making lie elsewhere in the group. The income in this case arises from ownership of an income bearing asset rather than from trading
8 Mar-03 No additional employees Company wants to treat (as an extension of it's Case 1 trade) the income arising from licensing to a US subsidiary of the right to use an existing customer relationship. Not Case 1 Unable to confirm Case 1 treatment. There is not sufficient ongoing work involved in maintaining the customer relationship for the exploitation of the customer base to be regarded as a trading activity.
9 Mar-03 4 Company will provide agency treasury services to other group companies involving investment and cash management services Case 1 confirmed Case 1 confirmed on the basis that the company will be carrying out real trading activities, and that the company's employees possess the requisite skill and expertise to undertake the transactions and that the company exercises decision-making and control and directors will hold meeting in Ireland.
10 Mar-03 2 initially Partnership formed to purchase vessels. Partnership will then lease the vessels to each of the partners who will in turn sub- lease to group operating companies. Irish partner will be managing partner and be responsible for fleet management as well as negotiating and arranging for own leasing activities Case 1 confirmed Case 1 confirmed because the Irish company will be the managing partner and in addition to having full authority to negotiate and manage its own leases, has also been given authority under the Partnership agreement to manage the entire fleet as well as responsibility for allocating the vessels between the partners.
11 Apr-03 outsourced to employees of two other companies Two companies involved. Both will acquire and lease aircraft. Case 1 confirmed The companies will be actively seeking new customers and negotiating leases for the aircraft. Activities will be carried out by people with the appropriate knowledge and expertise, the companies will have responsibility for strategic decisions and each will act independently in carrying out its trading activities. The Directors of the companies will take an active part in the management of the outsourcing contract and will be responsible for setting the strategic policy of the companies
12 May-03 3 increasing to 7 after one year The Irish company will be responsible for the management, control and development of money transfer services. This will involve treasury management and administrative activities Case 1 confirmed Case 1 confirmed on the basis that the Irish company is a genuine stand-alone operation, staffed by people with appropriate skills and experience and that real strategic business decisions will be made by the company
13 Jun-03 2 - 3 The company will provide cash management and pooling services, foreign exchange hedging and processing and financial settlement of payment for other group companies Case 1 confirmed Case 1 confirmed on basis that the activities will be carried on by people with appropriate skills and experience and that the real strategic business decisions will be made by company.
14 Jul-03 Outsourced to other group company which has 44 skilled employees The company will be responsible for funding UK operations of the group and in particular its inventory funding requirements. This will involve a series of short term loans which close out on a fortnightly basis Case 1 confirmed Case 1 confirmed on the basis of the level of activity to be carried on. The Directors of the company will be responsible for strategic business planning and agreeing parameters and loan agreements
15 Aug-03 17/20 within 2 years Company will (1) licence other group companies to use a proprietary system which will enable information to be delivered to clients over the internet. The Irish company owns the software, hardware and infracture and (2) also provide helpdesk and on-line sales in the provision of international media information. (1) Not Case 1 (2) Case 1 confirmed (1) Unable to confirm Case 1 for this as the income flows from ownership of an asset rather than being generated from activities undertaken by the company. The Irish company did not have full control and responsibility for the licensing and development of the system. All of the key decisions makers in this area are located abroad and report to other group companies. (2) Case 1 confirmed for income from on-line sales and help desk functions as there will be sufficient activities in these areas to constitute a trade
16 Sep-03 1 Irish company will conduct financing activities with other group companies in various jurisdictions around the world. Initially this will consist of one long term loan. Further loans may be made but this is dependant on other factors within the group Not Case 1 Unable to confirm Case 1 treatment. The company was not actively involved in sourcing and negotiating the loan arrangement. The decision to make the loan was made elsewhere in the group. The profits were not generated by the company's activities
17 Oct-03 12 The company subcontracts the manufacturing activities to a group company abroad and is also responsible for European sales of the products Case 1 confirmed The subcontracted activities are part of an existing Irish trade. The company will be managed by six senior executives who have responsibility for the day to day management of the trade including the outsourced operations. Revenue was satisfied that the executives had the capacity, in a restructured scenario, to manage the outsourced activities. The Irish company is also responsible for quality control of the goods and a team of six will audit the subcontractor to ensure that technical standards are met
18 Oct-03 None The company is being established to develop, manufacture, market and sell a technological system. No opinion given It would not be appropriate to give an opinion on trading status. The strategic decisions and day to day management of the company will be carried out by a board of directors that will not be based in Ireland. The company does not have any senior personnel based in Ireland with the authority and skills to carry out the functions involved in the management of the R&D , and manufacture and sale of the company's products. The R& D phase of the operation would not be regarded as trading.
19 Nov-03 None The company will acquire a share in a fleet of aircraft which will be leased to US airline Not Case 1 Unable to confirm Case 1 as there is insufficient activity in the company to constitute a trade. The company will not be actively seeking business
20 Nov-03 None- work outsourced The parent company will loan money to a new company to acquire title to two planes which newco will then lease to an airline for a seven year period Not Case 1 Newco has not been involved in the negotiations leading to the purchase and on- lease of the planes. It is not actively involved in a trade of leasing. It will not be actively seeking new business. Correctly assessable Case IV
21 Nov-03 4 Company will act as inter group financing and treasury company. Case 1 confirmed Confirmation given on the basis that company will be actively involved in negotiating and arranging loans for other group companies and also cash pooling and currency management requirements of group.
22 Nov-03 3+ The Irish branch will be responsible for the investment management functions of the reinsurance operations of a large multi-national insurance group. It will be responsible for actively trading the existing corporate bond portfolio of the group. This will involve new purchases, sales of existing bonds,swaps etc. Case 1 confirmed Case 1 confirmed on the basis that the branch operation will be actively trading the portfolio and is responsible for and has the capacity to make the key strategic decisions on purchases, sales etc
23 Jan-04 None Special purpose company set up to purchase and on lease aircraft. The company is being set up solely to purchase and on-lease to a specific customer. Not Case 1 The company was not involved in the negotiation or decision making process Nor will it be looking for new business. As such it is not carrying on a Case 1 trade. Income is more appropriately taxed under Case IV
24 Feb-04 Outsourced to company who will have already have 5 employees engaged on this type of work and may have to engage one other depending on future volume of business Irish company will lend to other group companies, place surplus cash on deposit and undertake hedging activities for the group. Case 1 confirmed The company will deal with a large number of customers and transactions annually. The work is outsourced but Irish directors evaluate and have responsibility for ongoing decisions on loans, approval of credit limits, interest rates etc.
25 Feb-04 2-3 Irish company will licence third parties to exploit trademarks in Europe and Asia. In the long term the company also Intends to expand its activities to include distribution and the provision of certain shared services for other group companies. Case 1 confirmed The company will be actively trading with the licences. Company employees are responsible for continuous monitoring and review of existing licences and licensees, seeking out potential new licensees, ensuring maintenance of brand image by driving and advising on marketing strategies.
26 Feb-04 Outsourced initially Established to protect and exploit the IP of a non-resident Not Case 1 Unable to confirm that activites of company constitutes a Case I trade because the company is not involved in the key activities giving rise to the income. None of the main players in the case are located in Ireland and the company's involvement is essentially passive. Case IV would apply if company resident in Ireland
27 Mar-04 12 The company will serve as the primary group entity that enters into third party foreign exchange and other derivative transactions for the group Case 1 confirmed Case 1 confirmed on the basis of the level of activities involved and that the employees and company management involved possess the appropriate level of skills, expertise and authority necessary.
28 Mar-04 None - outsourced Established to carry on an aircraft leasing and financing trade in Ireland. Not Case 1 Not satisfied that activities of company constitute a Case I trade. Would expect that a leasing company would have been actively involved in acquisition and leasing of asset. Company was not involved in negotiations leading to purchase and on - lease of asset nor will it be seeking other business. In these circumstances the income is more correctly assessable under Case IV
29 Dec-03 7 Trading in and supply and distribution of products outside the State Case I confirmed Case I confirmed on the basis that(1) a senior manager will always be present to make strategic decisions,(2)contracts are concluded in Ireland and(3)any outsourced business is actively managed by the Irish company and appropriately charged in the accounts.
30 Mar-04 5 It is not possible to publish details of this case as to do so would enable the company to be identified Not Case 1 It is not possible to publish details of this case as to do so would enable the company to be identified

Cases submitted to Revenue for an opinion on the classification of activities as trading activities which were finalised in the period April 2004 to December 2006

List of cases submitted to Revenue for an opinion on the classification of activities as trading activities: April 2004 to December 2006
  Date Received Employees Description of Activity Opinion Given Reason
31 May-04 10 Expanding existing operation to include dealing in offshore funds. Case 1 confirmed Case 1 confirmed on the basis that the company can show that investments in the funds were acquired as trading stock, there is a sufficent volume of business and the company is responsible for the management of the investments and does not act as a conduit.
32 Aug-04 5 Film Production and Distribution Case 1 confirmed Case 1 confirmed on the basis the company will be actively involved in the production and distribution of the films
33 Aug-04 1 initially increasing to 6 - 10 by 2008 Group asset management services. Case 1 confirmed Case 1 confirmed on the basis that the company will also provide asset management services to third party companies and that the Director of the company has full responsibility and authority to make decisions on behalf of the company.
34 Sep-04 2 It is not possible to publish details of this case as to do so would enable the company to be identified Case 1 confirmed It is not possible to publish details of this case as to do so would enable the company to be identified
35 Oct-04 10 Manufacturer and distributor expanding existing operations to include manufacture and sale of new products where part of the operations are subcontracted Case 1 confirmed Case 1 confirmed on the basis that the Irish company has overall responsibility for the management of the subcontracted functions and that a team of highly skilled individuals will be employed in these operations.
36 Nov-04 1 Financial Services - lending to overseas traders Case 1 confirmed Case 1 confirmed on the understanding that the Board of Directors together with the general manager of the company will be responsible for the strategic direction and policy of the company and that the general manager will carry on the activities and functions connected with the loans.
37 Dec-04 19 Corporate Treasury Case 1 confirmed Case 1 confirmed on the basis that the company will actively manage the surplus cash of the group and its currency risk and will be responsible for negotiating and managing external debt requirements.
38 Dec-04 50 initially increasing to 350 by 2006 Operations Centre to include sales, distribution, localisation, IP management and related support and back office functions. Case 1 confirmed Case 1 confirmed on the basis that the activities of the company will be undertaken by personnel located in Ireland and that individuals with appropriate expertise and skills are employed by the company.
39 Feb-05 4 initially Corporate Treasury Case 1 confirmed Case 1 confirmed on the basis that the company will be carrying out real trading activities, and that the company's employees possess the requisite skill and expertise to undertake the transactions.
40 Dec-04 120 Sales and distribution of goods outside the State where part of the distribution function is outsourced Case 1 confirmed Case 1 confirmed on the basis that the activities of the company currently constitute a trade and that the company undertakes the day-to-day management of the outsourced business.
41 Mar-05 8 initially increasing to 25 in medium term Group administratrive headquarters. Case 1 confirmed Case 1 confirmed on the understanding that the company's employees will have the requisite skills and expertise and that it will charge an arms length fee for the services provided to other group companies.
42 Mar-05 36 Financial Services - lending. Case 1 confirmed Case 1 confirmed on the basis that loans are advanced on properties located in Ireland and that the company's employees have the necessary skills and expertise to carry out the transactions.
43 Oct-04 100 SPC used to house portfolio of aircraft. Case 1 confirmed Case 1 confirmed on the basis that the SPC would be leasing a number of aircraft and would be responsible for remarketing or selling the aircraft at the end of the lease period.
44 May-05 2 Group Treasury and Finance Company Case 1 confirmed Case 1 confirmed on the basis that the day to day operations are managed in Ireland by staff with appropriate skills
45   20 initially Inter Group service provider and intermediary. Case 1 confirmed Case 1 confirmed on the basis that the activities of the group as a whole were considered to be trading.
46 May-05 5 initially Financial Services - lending Case 1 confirmed Case 1 confirmed on the basis that the company is involved in a large variety of funding activities and is not merely investing in bonds and other securities.
47 Jun-05 Not stated An existing aircraft leasing group created a number of SPV's to hold aircraft which were on lease to various operators. Management of the leases and aircraft would be out sourced to the parent company. Case 1 confirmed Case 1 confirmed on the basis that the activities of the group as a whole were considered to be trading.
48 Jun-05 415 Treatment of royalty income (as add on to existing trade) Case 1 confirmed Case 1 confirmed on the basis that the Royalty Income represents only a small % of the profits of the company and cannot be separated from the trading income of the company.
49 Jun-05 7 initially The company is engaged in R & D with a view to patenting the resulting IP and granting licenses for use of the IP developed. The company also intends to acquire existing patents from its parent company. Case 1 confirmed The proposed acquisition of patents would not of itself constitute a trading activity. However, it was agreed that if the company carries out all of the proposed R & D and licensing activities then those activites would constitute a trade and income from the proposed activities would be taxable under Case 1.
50 Sep-05 1 part time plus outsourced Group Treasury and Finance Company Case 1 confirmed Case 1 confirmed on the basis of the level of activity in the company. It will provide treasury services to the parent as well as financial and investment advice to customers of its parent company and to 3rd parties
51 Oct-05 16 Company acquired the rights to commercialise a particular drug. Case 1 confirmed Case 1 confirmed on the basis that employees have the necessary skills and expertise to conduct the business and to manage the licences.
52 Nov-05 4 The company is primarily engaged in marketing and selling group products to Irish customers. It will also provide technical support to European customers. Case 1 confirmed Case 1 confirmed on the basis that the employees have the necessary skills, knowledge and expertise to carry on the business activities and will actively seek out new business.
53 Nov-05 3 Reorganisation of finance company. Case 1 confirmed Case 1 confirmed on the basis that the company is originating international lending opportunities in addition to managing an existing loan portfolio.
54 Dec-05 Not stated It is not possible to publish details of this case as to do so would enable the company to be identified Case 1 confirmed It is not possible to publish details of this case as to do so would enable the company to be identified
55 Jul-06 50 increasing to 100 in 2 years Company established to supply employees to affiliate companies and third parties worldwide for a fee. Case 1 confirmed Case 1 confirmed on the basis of the high level of activity involved in managing the seconded employees, HR and foreign employment law issues and the payroll process.
56 Jul-06 2 Group financing company Case 1 confirmed Case 1 confirmed on the basis of the level of activities involved and that staff with the appropriate level of skills and expertise are employed by the company
57 Jul-06 Outsourced Finance company established to lend money, manage cash and give financial advice. Case 1 confirmed Case 1 confirmed on the basis that the company has a high level of activity including credit analysis, negotiating and monitoring loans and managing cash balances.
58 Dec-06 32 at present - 50 - 60 by 2007 Established company whose activity consists of acquiring and developing pharma IP to commercialisation and earning profit by direct sales and licensing propose to establish new division to manage (1) alliances with new pharma companies, (2) existing licences and negotiate new agreements for existing and new products Case 1 confirmed Case 1 confirmed on the basis that the level of the company's current activities and proposed expansion were such as to qualify to be taxable under Case 1.
59 Dec-06 2 initially Investment management company Case 1 confirmed Case 1 confrmed on the basis that the company is actively managing the investments and the board of Directors and staff employed have the relevant skills and expertise to manage the company.

Cases submitted to Revenue for an opinion on the classification of activities as trading activities which were finalised in the period January to December 2007.

List of cases submitted to Revenue for an opinion on the classification of activities as trading activities: January to December 2007
  Date Received Employees Description of Activity Opinion Given Reason
60 Jan-07 1 part time director Company set up to exploit IP. No Opinion Given Unable to give advance opinion. From the information supplied it seems that the company is essentially passive. It did not appear to have the resources to actively manage the IP portfolio.
61 Jan-07 7 initially - 3 to be based in Ireland with responsibility for accounting and order processing, the remaining employees to be resident in the US. Irish Company set up to distribute wines and spirits in the US. No Opinion Given Unable to give advance opinion. The income earning activities of the company take place in the US. The goods are manufactured by the parent company, outside of Ireland and shipped directly from the manufacturer to the US customer. Title to goods is transferred from the parent to the Irish company and then to the US customer. The parent company remains responsible for marketing. The goods are sold in the US by US based employees of the Irish company. Ultimately, the extent to which all of the company's income will be classified as arising under Case 1 will depend on how the activity develops and the extent to which the income arises from the company's activities. Given the proposed structure, it is possible that the Irish company would have a permanent establishment in the US and the question of attributing profits between the US permanent establishment and the Irish entity would arise.
62 Jan-07 3 Joint Venture aircraft company. No Opinion Given Unable to give advance opinion. The main income earning activities of the company were subcontracted to companies outside Ireland. While subcontracting an activity does not of itself preclude a company from carrying on a trade, it was difficult to see how, given the resources available to the company, it could be responsible for carrying on activities consistent with earning the income from its own activities.
63 Mar-07 1 Company established to purchase, manage and resell life insurance policies. No Opinion Given Unable to give advance opinion. The policies were purchased from the offshore entity that would manage and service them as well as give advice on the eventual disposals. Unable to give advance opinion as it was difficult to see how given the resources available to the company, it could be responsible for carrying on activities consistent with earning the income from its own activities.
64 Feb-07 2 Directors Whether deposit interest earned by company was part of a trade of dealing in shares. Not Case 1 Not Case 1. In order that deposit interest would be considered a trading receipt, it should be clear that the holding of the deposit is an essential part of the business of the company and that the deposit is necessarily held in the course of that business. The funds on deposit must be actively employed and at risk in the business. In this case, the money on deposit was not held for the purposes of a trade. None of the amount held on deposit was generated by share dealing transactions and only a very small portion of the amount was used for share dealing transactions. The share trading activity engaged in by the company seemed to be more of an investment than trading as the activities of the company were limited to the purchase and sale of shares through a broker.
65 Mar-07 Not stated Short term lending of own funds to 3rd parties for a fee. Not Case 1 Not Case 1. Based on the particular circumstances, it was considered that the loans in this case were more in the nature of investments. None of the normal features of a trade were present - no volume of business, no organisation or advertising etc. The company did not possess a bank or moneylenders licence.
66 Apr-07 100 Corporate Treasury Case 1 confirmed Case 1 confirmed on the basis that the company will actively manage intra group financing transactions, will be responsible for any required hedging of foreign / interest rate risks and will be able to independently make daily investing / borrowing / inter company funding decisions.
67 Apr-07 Not stated Group Finance and Shared Services Activity Case 1 confirmed Case 1 confirmed on the basis that the company will actively manage the holdings of the group, will be responsible for provision of loan finance to, and management of, foreign exchange risk of group companies and will also provide IT, HR and other services to group companies.
68 Aug-07 Not stated Company establishing SPC's to lease aircraft to the ultimate lessee. Not Case 1 Not Case 1. The SPC's were lease in / lease out vehicles. Under the proposal the SPC's would not own the aircraft and were not involved in any of the negotiations leading up to the lease transactions. The principal reason advanced for the establishment of the SPC's was the avoidance of foreign withholding taxes. The characteristics of a trade were absent. The real decision making and planning took place elsewhere. The SPC's were essentially passive and the activities to be undertaken were not sufficient to be regarded as trading activities.
69 Sep-07 None Company established to take over the operation of leases negotiated by its foreign based parent company. Not Case 1 Not Case 1. The company was established to sublease from its parent and was not involved in the negotiations of the leases. The company had one nominee director, no staff or management structure and its registered office appeared to be unoccupied and did not have a phone connection.
70 Nov-07 6 intitially rising to 40 after 4 years. Company established to hold and develop Intellectual Property Rights. Case 1 confirmed Case 1 confirmed on the basis that the activities of the company will be undertaken by personnel located in Ireland and that individuals with appropriate expertise and skills are employed by the company.
71 Nov-07 11 Company established to hold and develop Intellectual Property Rights. Case 1 confirmed Case 1 confirmed on the basis that the activities of the company will be undertaken by personnel located in Ireland and that individuals with appropriate expertise and skills are employed by the company.
72 Nov-07 30 initially increasing to 40 by the end of year 2. Company established to house a portfolio of aircraft. Case 1 confirmed Case 1 confirmed on the basis that the company would be leasing a number of aircraft and would be responsible for remarketing or selling the aircraft at the end of the lease period.

Cases submitted to Revenue for an opinion on the classification of activities as trading activities which were finalised in the period January to December 2008.

List of cases submitted to Revenue for an opinion on the classification of activities as trading activities: January to December 2008
  Date Received Employees Description of Activity Opinion Given Reason
73 - 602/2008 Jan-08 4 initially Group Funding. It is not possible to publish further details of this case as to do so would enable the company to be identified. Case 1 confirmed Case 1 confirmed on the basis that the company will actively manage the business and that the activities of the company will be undertaken by personnel located in Ireland who have the appropriate expertise and skills.
74 - 614/2008 June-08 2 initially Corporate Treasury Case 1 confirmed Case 1 confirmed on the basis that the company will actively enter into and conclude group financing transactions. The Irish Treasury Manager will have the necessary skills and qualifications to perform the day-to-day activities of the Treasury Manager function. The board of directors will control the company and will have ultimate responsiblilty for policy and management.
75 - 626/2008 July-08 6 Company involved in the ownership and operation of licensed premises. Case 1 confirmed Case 1 confirmed on the basis that the company was actively involved in all aspects of the management of the licensed premises.
76 - 643/2008 Oct-08 15-20 initially rising to 50-60 in 2009. Company established to hold and develop Intellectual Property Rights. Case 1 confirmed Case 1 confirmed on the basis that the activities of the company will be undertaken by personnel located in Ireland and that individuals with appropriate expertise and skills are employed by the company.

Cases submitted to Revenue for an opinion on the classification of activities as trading activities which were finalised in the period January to December 2009

List of cases submitted to Revenue for an opinion on the classification of activities as trading activities: January to December 2009
  Date Received Employees Description of Activity Opinion Given Reason
77 Feb-08 None directly. Management of the business is outsourced to another group company which has a substantial leasing operation in Ireland. Company established to purchase and lease a number of aircraft. This company is linked to case no 80 - both companies have administrative and lease management agreements with the same service provider. Case 1 confirmed Case 1 confirmed on the basis that the company, through it Board of Directors, will be responsible for all decisions regarding the acquisition, purchase and leasing of the aircraft and that the company has entered into a contract with an an existing Irish lease management company to provide administrative and lease management facilities and the Board will actively review and monitor this contract.
78 Mar-09 1 person initially Company established to hold and lease Aircraft. Case 1 confirmed Case 1 confirmed on the basis that the company, through its Board of Directors, will be actively involved in the negotiations of the terms of the leases and will also be responsible for all decisions regarding the management of the leasing business and the remarketing of the aircraft at the end of the lease period.
79 Mar-09 None directly. Management of the business is outsourced to an Irish service provider that has in excess of 100 employees in Ireland. Company established to hold and lease Aircraft. Case 1 confirmed Case 1 confirmed on the basis that the company, through its Board of Directors, will be responsible for all decisions regarding the acquisition, purchase and leasing of the aircraft and that the Directors are fully involved in all aspects of the business of the company and will actively review and monitor the service providers.
80 Apr-09 None directly. Management of the company is outsourced to another group company which has a substantial leasing operation in Ireland. Company established to purchase and lease a number of Aircraft. This case is linked to case no 77 - both companies have administrative and lease management agreements with the same service provider. Case 1 confirmed Case 1 confirmed on the basis that the company, through its Board of Directors, will be responsible for all decisions regarding the acquisition, purchase and leasing of the aircraft and that the company has entered into a contract with an an existing Irish lease management company to provide administrative and lease management facilities and will actively review and monitor this contract.
81 Jul-09 5-6 initially Company established to
1. Manage and coordinate Brand management of a group.
2. Provide Corporate Treasury Services.		 Case 1 confirmed Case 1 confirmed on the basis that the company will develop and manage the brand and provide cash management and inter group finance facilities and will employ highly skilled and specialised staff to carry out the proposed brand management and treasury activities.
82 Feb-09 2 initially Company established to acquire, licence and manage the intellectual property of the group. Case 1 confirmed Case 1 confirmed on the basis that the company will negotiate new licence agreements and will monitor all existing agreements. It will be actively involved in portfolio defence and enforcement as well as promotional activities.
83 Feb-09 1 treasury manager with up to 8 support staff. Company established to provide inter group Corporate Treasury Services. Case 1 confirmed Case 1 confirmed on the basis that the company will enter into a substantial number of treasury transactions. It will employ highly skilled and specialised staff to operate and manage a group cash pooling arrangement, negotiate new debt facilities with 3rd parties as well as inter-group loan agreements and manage the foreign exchange exposure of the group.
84 Jul-09 No new employees. The company will use the services of 8 of its existing staff and will hire in additional staff as and when necessary. Company to undertake event management services that were previously outsourced to a 3rd party. Case 1 confirmed Case 1 confirmed on the basis that the company will undertake the full range of services that are currently contracted out. The overall responsibility for the running of the event management services will lie with the company's senior management team.
85 Aug-09 1 Initially Car Park operator. Case 1 confirmed Case 1 confirmed on the basis that there is a full time employee located on the site who is is responsible for managing the cark park and collecting car park fees. The car park is open to the public and the car park has no long term contracts or reserved parking.
86 Jun-09 1 Initially Cash Pool operation involving the cash pooling of surplus cash of the company. not Case 1 Interest arising from the cash pooling and investment of a company's own surplus funds is not considered to be a case I activity.
87 Sep-09 3 Initially Company to establish finance operation in Ireland to provide funding to group companies. Case 1 confirmed Case 1 confirmed on the basis that the company will actively enter into and conclude a number of group financing transactions. The Irish Treasury Manager will have the necessary skills and qualifications to perform the day-to-day activities of the company.
88 Dec-09 20 Initially Company established to host hardware facilities and to provide IT support to group companies. Case 1 confirmed Case 1 confirmed on the basis that the company employs staff with sufficent skills and knowledge to provide the IT support to group companies.
89 Dec-09 3 Initially Company established to invest in financial instruments. No Opinion Given No Opinion Given as company was already in business and a decision as to whether the company is carrying on a trade or making investments is a matter for the company's inspector of taxes.
90 Nov-09 7 by the 31st December 2010 Not possible to give details as information could lead to identification of the company. Case 1 confirmed Not possible to give details as information could lead to identification of the company.

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Cases submitted to Revenue for an opinion on the classification of activities as trading activities which were finalised in the period January to December 2010

List of cases submitted to Revenue for an opinion on the classification of activities as trading activities: January to December 2010
  Date Received Employees Description of Activity Opinion Given Reason
91 Apr-10 Employees to be assigned from other group companies to carry out the proposed activities of the company. Company established to provide management, administrative and financial services to other group companies. Case 1 confirmed Case 1 confirmed on the basis that the company employs staff with sufficient skills and expertise to carry out the activities.
92 Feb-10 1 Initially with current Group staff to be re-assigned. Company established to manage and exploite the current and future IP of a group of companies. Case 1 confirmed Case 1 confirmed on the basis the company has recruited a senior person with relevant expertise and skill to operate the groups global IP platform. The company will be responsible for all decisions regarding the exploitation of the IP globally.
93 Dec-09 Not stated Company established to lease an aircraft for on leasing to an airline. Not Case 1 Not satisfied that activities of company would constitute a Case1 trade. The company was not involved in the lease negotiations nor was it responsible for the subsequent monitoring of the lease. In these circumstances the income is more correctly assessable under Case IV.
94 Mar-10 10 Initially rising to 20 by the end of 2011 Company established to manage the global IP of a Group. Case 1 confirmed Case 1 confirmed on the basis that company will be responsible for the worldwide marketing, sales, operation and support of the IP.
95 Mar-10 1 Initially Company established to manage and exploite the current and future IP of a group of companies. Case 1 Confirmed Case 1 confirmed on the basis that company will be responsible for the worldwide marketing, sales, operation and support of the IP.
96 Mar-10 172 initially Company established to undertake the Customer Service function of group companies. Case 1 Confirmed Case 1 confirmed on the basis that the company employs staff with sufficient skills and authority to carry out the customer service function for the group companies.
97 Sep-10 1 Initially Company established to undertake the Treasury function of group companies. Case 1 confirmed Case 1 confirmed on the basis that the company will actively enter into and conclude group financing transactions. The Irish Treasury Manager will have the necessary skills and qualifications to perform the day-to-day activities of the Treasury Manager function. The Treasury Division will be controlled by a board of directors, who will have ultimate responsibility for the policy management of the Irish Treasury Company.
98 Oct-10 1 Initially Company established to marketing products to Western Europe. Case 1 confirmed Case 1 confirmed on the basis that the company will be responsible for sale of the products throughout Western Europe. The companies staff will be responsible for the taking of orders and for the pricing, offering of credit and stock levels of the product.
99 Oct-10 6-8 Initially Company to establish an Intellectual Property licensing and management centre. Case 1 confirmed Case 1 confirmed on the basis that the company will exploit IP by all means possible. A Vice President, with the relevant expertise and skill, has been recruited to lead a team of professionals who will be responsible for seeking out potential opportunities for the exploitation of the IP product licensing and development opportunities globally.

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