This is the second in a two-part series of articles that reviews the possible impact of anti-avoidance measures on business decisions in the context of recent judgments of the courts and tribunals and discusses the crucial role that evidence plays in support of the commercial legitimacy of impugned or contemplated transactions. As noted in the first article, the Irish courts have yet to consider the meaning of the concept of a mainly tax-driven non-genuine commercial transaction; however, recent Supreme Court and Court of Appeal decisions in England and Wales provide some judicial clarification. Although not binding, such authorities are persuasive in this jurisdiction, specifically where similar statutory wording is under consideration.
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