In appeal case 127TACD2022, the appellant received €700,000 from the company but retained 50% ownership and control with his wife. The Commissioner held that the Appellant fell foul of the anti-avoidance provisions of TCA 1997 s 586(3)(b) and 598(8) and that the assessment for CGT should be upheld.

The case was distinguished from 22TACD2017, where the taxpayer retained 30%, intended to divest fully within six years, and did not control the company.