That court found the commissioner, in relying on English law on mutual obligations between worker and employer, did not go against Irish law but “rather recognised the necessity to adapt to modern means of engaging workers”.The CoA found the Tax Appeal Commissioner erred in finding that there was mutuality of obligation in the contractual arrangements between Kashan and the drivers.
Revenue sought leave to bring a further appeal to the Supreme Court to have the CoA decision set aside. This was because, it said, a number of matters in the case reached the threshold of “general public importance” as required for such further appeals. The company also said Revenue’s case was focused on alleged factual errors on the part of the majority of the CoA which, Karshan contended, is not the function of the Supreme Court.
The issues sought to be appealed by the Revenue “undoubtedly go beyond a discrete issue of tax payments from 2010 and 2011, particularly due to the apparent existence of similar umbrella contractual relationships in Ireland,” the determination states.
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