Why Are Investment Brokers Able to Avail of CGT Treated ETF's? Are They Taking a Risk?

I get your point Sarenco. But Revenue aren't idiots. They know that they would lose that case in front of a judge.
Tax challenges go first to the Tax Appeals Commissioner. It’s pretty rare for it to go to the the High Court.

And public sector in general and Revenue in particular, are risk averse and would avoid this like the plague.
Very much the opposite. Revenue are both the standard setter for, and the collector of, taxes. A taxpayer would need to demonstrate clearly that Revenue were applying own rule inconsistently or in breach of the law
 
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