This was an annual charge from 2009 to 2013 in respect of residential property that was not the owner’s principal private residence.

The Revenue indicated at the outset that the charge was not deductible in calculating the net profit rent on a let property as the charge was not one of the authorised deductions under Sec 97 TCA 1997.

The High Court has now held that the charge is one of the expenses authorised by Sec 97 and is accordingly tax deductible in computing profit rent.

There is a time limit of four years for seeking amendment to an Income Tax liability.

No claim can be made for any calendar year that ended four years or more prior to the date of claim.

Thus any claim for the tax years 2012 and prior are now statute barred so that the only year for which relief can now be claimed for this charge is 2013.

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