Budget 2025 needs to tackle rising business costs, tax complexity and housing shortages to enhance Ireland’s global competitiveness and support domestic and foreign enterprises, writes Tom Woods On 1 October, Budget 2025 should prioritise addressing key competitive challenges in the Irish economy, such as attracting, supporting and scaling Irish and foreign businesses, as well as tackling rising employment costs, international talent competition, and affordable housing availability. Tax simplification Ireland is facing a rapidly changing global tax environment, and the outcome of the US elections could significantly impact this environment and Ireland's attractiveness as an investment location. US tax measures designed to lower the US corporate tax rate to one more comparable with OECD peers and to protect the US tax base are scheduled to expire at the end of 2025. Despite this uncertainty, Ireland has a unique chance to present itself as a stable and secure destination for FDI. It is vital the opportunity is taken in Budget 2025 to introduce measures that will strengthen Ireland's competitive edge and attractiveness for inward investment. Ireland needs a broad and flexible participation regime that will support it as an international holding company location. We have called for introducing a participation exemption for foreign dividends to complement the participation exemption in place for capital gains. A branch exemption should also be introduced. Simplification of the tax code needs to be a priority in Budget 2025 to support enterprise and entrepreneurship. According to the KPMG Enterprise Barometer 2024, six in ten domestic businesses and entrepreneurs are concerned about the administrative complexity associated with the Irish tax system, particularly for smaller enterprises and entrepreneurs. Our pre-budget submission calls for the establishment of an Office for Tax Simplification to review the tax code, remove duplication, and simplify the system. By doing so, we can drive reform of overly complex tax rules that are adding to the cost of doing business and compromising competitiveness. This is particularly important now that the 12.5 percent corporation tax rate is less of a competitive advantage. SME investment SMEs employ more than 1.2 million people and are critical to our economic success, so they need access to capital and talent to develop and grow their businesses. Enhancements to the Key Employee Engagement Programme (KEEP) and the Special Assignee Relief Programme (SARP), as well as introducing a super deduction for payroll costs of highly skilled technology workers would help level the playing field for SMEs competing with multinational corporations in a tight labour market. Budget 2025 could also incentivise investment in SMEs by simplifying the Employment Investment Incentive Scheme (EIIS) and enhancing Capital Gains Tax (CGT) Entrepreneur's Relief. It is also critical to reverse the changes made to the CGT Retirement Relief in the last Finance Act. The availability of CGT retirement relief is vital to the development of multi-generational family-owned businesses and farms. These businesses and farms are the bedrock of the Irish economy, employing millions. Last year's changes will operate as a barrier to the transfer of Irish businesses and farms to the next generation. Employment cost reduction Ireland's high cost of employment has become a real concern for domestic businesses and foreign investors. Budget 2025 should introduce measures to reduce the cost of employment. Ireland needs a personal tax regime that attracts and retains skilled individuals. This is important for Irish and foreign-owned companies assessing Ireland as an investment location. The entry point to Ireland's marginal income tax rate is uncompetitive compared to many other jurisdictions, making it difficult to attract talent and highly skilled workers. We recommend raising the point at which the marginal rate applies to €50,000. We also recommend the introduction of an earnings cap of €75,000 on Employee PRSI and €100,000 on Employer PRSI, similar to social security caps in other countries, increasing workers' take-home pay, helping employers manage employment costs and supporting businesses growing and developing talent. Housing crisis The housing crisis is adversely impacting Ireland's attractiveness for investment. According to new data from the Central Statistics Office, 69,000 people emigrated from the Republic of Ireland in the 12 months to April 2024, the highest level of emigration since 2015. There were also significant inflows, but this is a missed opportunity to keep talented people in the Irish labour market. Several budgetary measures could be introduced to increase the housing supply, including incentivising employers to build and provide residential accommodation to employees with a corresponding benefit-in-kind (BIK) exemption for employees earning less than €50,000. Reintroducing a targeted and controlled form of Section 23 relief could also encourage the conversion of properties above retail units to residential use and encourage individuals to finance the development of new residential units for letting. Green technology Our ambitious climate goals will undoubtedly present challenges and opportunities for individuals, communities, and businesses. Tax policy could be used as an effective tool to encourage innovation in green technologies to help us meet these targets. The Government has several challenges to address, but strong exchequer returns should put the Government in a good position to deliver on a budgetary package of €1.8 billion in additional spending and €1.4 billion in tax measures as set out in the Summer Economic Statement.  Tom Woods is head of tax at KPMG in Ireland

Selling a business is a complex process and accountants have a crucial role to play in ensuring their clients achieve the optimal financial outcome. Niall Gaughan explains how As the financial landscape continues to evolve, accountants in Ireland are finding themselves at the forefront in helping to guide clients through the intricate process of selling a business. Beyond the immediate considerations of the sale itself, the post-sale period is critical to ensuring optimal financial outcomes. In this article, we explore the key elements accountants should consider when advising clients on selling a business, focusing on the importance of securing future financial stability, fostering strategic partnerships and succession planning. Anticipating the post-sale landscape Accountants must highlight the importance of proactive planning before a sale. Understanding the details of the financial landscape post-sale allows business owners to make informed choices that can have a significant impact on tax responsibilities, wealth preservation and overall financial health. This can help to ensure that clients are well-equipped to navigate any complexities that may emerge after the deal closure. Securing future financial stability Securing future financial stability post-sale is a critical consideration for both business owners and their advisors. Central to this endeavour is expert tax advice. Accountants play a pivotal role in guiding clients towards understanding the tax implications associated with a business sale. By carefully examining available reliefs, exemptions and allowances, accountants can help maximise after-tax returns, providing a solid foundation for the future. For instance, a comprehensive understanding of various reliefs can lead to substantial tax savings, laying the groundwork for securing the financial future of both the seller and the business. Fostering strategic partnerships When navigating the complexities of a business sale, fostering strategic partnerships is crucial. Accountants must pay careful attention to the strategic structuring of the sale, assessing alternatives such as selling shares or assets with a keen eye on the potential implications for both buyers and sellers. By leveraging their expertise and collaborating closely with other advisors, accountants can help clients select a structure that not only aligns with their financial goals but also fosters long-term strategic partnerships. These partnerships are crucial because they can provide significant tax advantages and facilitate a seamless transition process. Moreover, by aligning the interests of all parties involved, strategic partnerships lay a strong foundation for ongoing collaboration, which is essential for future growth and success. Securing the future beyond the sale Post-sale success is not solely contingent on immediate financial gains. Accountants should advocate for robust succession planning, especially within family businesses, considering factors such as family dynamics, business continuity and long-term financial objectives. By engaging in proactive succession planning, clients can safeguard their wealth, ensuring its sustained growth and the realisation of personal and family goals. This approach not only secures the financial future of the business but also aligns with the long-term vision and values of the family, setting the stage for continued success across generations. A strategic partnership for wealth management In the post-sale phase, a private banker with specialised competencies can support the unique requirements of handling the proceeds from a business sale. The business owner’s accountant can play a key role in selecting a private banker suited to their unique needs. Their competencies should include: Wealth preservation expertise: A private banker who understands wealth preservation strategies can help the client build a lasting legacy. Investment strategy: Competent private bankers should be adept at devising investment strategies aligned with the client's risk tolerance and financial goals, ensuring the continued growth of their wealth. Diversification and risk management: A private banker should be able to assist clients in diversifying their investment portfolio, mitigating risks associated with concentrated assets and optimising long-term returns. Personalised service: The ability to craft personalised financial plans that encompass the client's lifestyle, philanthropic aspirations and intergenerational wealth transfer, is a key competency for a private banker in this context. Clients are now keen to understand more about philanthropic options and sustainability. A good private banker should be able to facilitate access to deep knowledge and subject matter experts in these areas. Clients need a secure financial institution with a strong credit rating that offers immediate returns on their funds post-sale. Confidentiality and direct access to a private banker can help, as they will have access to expertise in financial markets and the ability to educate clients who are often experts in their fields – but not necessarily in financial management. Ensuring post-sale success The role of the accountant supporting a client through a business sale extends beyond the realms of financial statements and tax calculations. By proactively addressing the considerations outlined – expert tax advice, strategic structuring, succession planning and selecting the right private banker – accountants can guide their clients towards post-sale financial triumph. Niall Gaughan is a Director with Barclays Wealth in Dublin

Comments from Cróna Clohisey, the Institute’s Director of Advocacy and Voice in relation to Ireland’s tax base and our tax system appeared in a recent piece in The Sunday Times. 

Revenue has published the Pre-filing Notification Forms for the R&D Tax Credit. Companies are now required to notify Revenue of its intention to file a claim for the R&D Tax Credit for accounting periods commencing on or after 1 January 2024. The pre-filing notification must be in writing in the form prescribed by Revenue and must be filed at least 90 days before the claim for the credit is made. The forms are available on Revenue’s R&D Tax Credit page and at the links below:  Research and Development pre-filing form 766C  Research and Development pre-filing form 766D 

As readers will know, the Tax Administration Liaison Committee (TALC) is the forum where practitioners can make recommendations to achieve more effective and efficient tax administration. The Institute attends TALC under the auspices of the Consultative Committee of Accountancy Bodies – Ireland (CCAB-I). There are several committees operating under TALC. Below we bring you updates from recent meetings of Main TALC, the TALC Indirect Taxes Sub-committee, and the TALC Direct and Capital Taxes Sub-committee.  Main TALC  The September meeting of Main TALC took place last week at Revenue’s Bishop’s Square offices. The agenda included an update from Revenue Technical Services (RTS), Enhanced Reporting Requirements (ERR), and Pillar Two. At the meeting we also raised the matter of customer service standards, noting certain issues which have been brought to our attention by members in recent months. Revenue acknowledged our concerns and committed to a full discussion at the December meeting of the group. We also noted the ROS downtime on Saturday 7 September.  On RTS, Revenue informed the group that it will be hosting webinars on 26 and 27 November 2024 to assist taxpayers making submissions to the RTS. The purpose of the webinars is to enhance the quality of submissions made to it and input has been sought from Main TALC on specific areas of focus for the webinars. The group noted that the webinars will be of great benefit to taxpayers.  Regarding ERR, Revenue updated the group on returns submitted to date. The latest data shows that returns have been made by 41,797 employers for around 665,000 employees representing in-scope benefits of €975 million. The majority of the payments made relate to travel and subsistence.  Lastly, on Pillar Two, Revenue noted that it is significantly increasing its resources to manage Pillar Two. There has also been a significant body of work throughout the summer to prepare for the commencement of Pillar Two compliance cycles in 2025.  TALC Indirect Taxes Sub-committee  At the recent meeting of the TALC Indirect Taxes Sub-committee, the group discussed various matters including issues arising with RCT and the VAT reverse charge mechanism, the status of the EU VAT in a Digital Age (ViDA) file, the recent VAT Modernisation (VATMod) consultation, and the categorisation of certain psychotherapeutic and counselling services for VAT purposes.  On the status of ViDA, Revenue officials noted that at the ECOFIN meeting in June, a Member State had exercised its veto due to a perceived issue with the “deemed supplier” obligations. A further update will hopefully be available at the next meeting in November.  Regarding the recent VATMod consultation, Revenue informed the group that a findings’ report issued. In total, there were 1,100 responses. The group agreed to arrange a meeting to discuss the findings’ report and Revenue acknowledged the quality and breadth of feedback provided.  TALC Direct and Capital Taxes Sub-committee  At the recent meeting of the TALC Direct and Capital Taxes Sub-committee, the group discussed various matters including RCT and the VAT reverse charge mechanism, the review process for Tax and Duty Manuals (TDMs), the tax treatment of Islamic financial transactions, TAC determination 44TACD2024, and the requirement to provide a breakdown of distributions from an Approved Retirement Fund (ARF), as well as various guidance updates.  The issue regarding RCT and VAT reverse charge relates to a question on the part of an RCT contract which the VAT reverse charge applies to. Revenue noted that the reverse charge only applies to construction services. The matter is also being considered by the TALC Indirect Taxes Sub-committee and officials from Revenue are aware of the discussions in both groups.  On the TDM review process, practitioners noted that issues with wording applied to TDMs while under review. There is a concern that the phrase, “The guidance may not reflect Revenue’s current position” is too broad. In the absence of a specific explanation on what is actually under consideration at a particular time, it casts any technical position into uncertainty until such time as the manual is refreshed or reinstated. Revenue will consider betters options in this regard but also noted the importance of appropriate wording.  In relation to 44TACD2024, practitioners queried whether this would influence Revenue’s approach to dealing with ARFs. Revenue noted that the case was determined on its facts and does not have precedential value. 

Last week, the Court of Justice of the European Union (CJEU) handed down the final judgment in Commission v Ireland (C-465/20 P). The case concerned tax rulings provided to two companies in the Apple Group which approved the methods used by those companies to determine their taxable Irish profits in relation to the trading activity of their respective Irish branches. In 2020, the General Court annulled the Commission’s decision that the tax rulings constituted illegal State-aid.   The Commission appealed the decision and in November 2023, Advocate General Pitruzzella’s opinion recommended that the CJEU should set aside the judgment of the General Court and refer the case back to that court. Rather than referring the case back to the General Court, the CJEU instead gave final judgment in the matter and so the matter is now concluded. In a press release issued last week, it was noted that  the CJEU “considers that the state of the proceedings is such that it may give final judgment in the actions”.  In a statement issued last week, the Minister for Finance, Jack Chambers TD noted that the country’s tax system is built on certainty and predictability. The minister acknowledged that many of the largest multinational companies operating in Ireland have been doing so for many decades and are significant employers. He also observed that the global tax environment has changed dramatically over the last decade and that the Irish Government has been at the forefront of these developments.  In a subsequent press release on the Escrow Fund (in which the contested taxes have been held), the Department of Finance noted that the funds will be released following the issue of tax assessments by the Revenue Commissioners. In relation to the matter of a third country adjustment (i.e., where overseas’ tax authorities deem tax to be arising in their country), the department stated it was not aware of any such claims at this time. 

Does your Northern Ireland based company or client support a lower rate of corporation tax for the region? If so, read on for how you can participate in our campaign to reignite the path to a lower rate of corporation tax for the region.   The Corporation Tax (Northern Ireland) Act 2015 contains the legislation for how a lower rate of corporation tax would work practically in Northern Ireland. However, this is subject to very specific rate-setting arrangements which mean that this rate-setting power may not be exercised unless Treasury regulations have been made. These Treasury regulations are subject to very specific conditions specifically the continued commitment of the NI executive to “take all the actions necessary to demonstrate that its finances are on a sustainable footing for the long term”.  The support of the Institute’s members for a lower rate of corporation tax in Northern Ireland has now waned in recent years with a recent Ulster Society survey showing that approximately two thirds of our members continue to support this initiative.  On foot of this ongoing support combined with the restoration of the Northern Ireland Assembly and a new government in Westminster, Chartered Accountants Ireland is embarking on a new campaign to engage with and equip policy makers with the information and tools necessary to pursue a lower rate of corporation tax for the region as one of a range of economic levers to drive growth and employment.  We are seeking companies in Northern Ireland who support this campaign and who are prepared to tell us why they support a lower rate and what it would mean for them and the region. These quotes will be included in a position paper which is expected to be launched before the end of 2024. Contact tax@charteredaccountants.ie to participate.    

In this legislative update, the Chancellor has confirmed that a tax road map for business will be outlined at the Budget on 30 October and the sunset clauses of the Enterprise Investment Scheme (EIS) and Venture Capital Trust (VCT) scheme have officially been extended to 2035. A date has also been announced for the 2025/26 Scottish Budget.  Business tax roadmap  As part of its pre-election manifesto, the new government promised that a business tax roadmap for the duration of this parliament would be delivered in order to provide businesses with certainty over the coming years when planning investments. Although no specific timetable was provided in the manifesto, this was promised within the first six months.   During recent Treasury questions, the Chancellor has now confirmed that an outline of this roadmap will be published at the Budget. This will include a commitment to cap corporation tax at 25 percent for the duration of the current parliament. Full expensing (100 percent first year allowances for new plant and machinery expenditure of companies) will also be retained.  Given the Chancellor’s comments, it seems that what will be announced on Budget Day will only be an outline of the roadmap which is likely to be finalised thereafter in conjunction with wider stakeholder input.  EIS and VCT scheme sunset clauses extended   Finance Act 2024 extended the EIS and VCT scheme to shares issued on or before 5 April 2035. However, this was subject to domestic and international subsidy obligations being met. It is now confirmed that these formalities have been completed hence earlier this month The Finance Act 2024, Section 11 (Extension of Enterprise Investment Scheme Relief and Venture Capital Trusts Relief) (Appointed Day) Regulations 2024 were laid.   This means that the sunset clauses are now officially extended from 6 April 2025 so that shares in a company (for EIS relief) or in a VCT that are issued before 6 April 2035 will qualify for relief, subject to the relevant conditions being met.  Scottish Budget date   Scotland’s 2025/26 Budget will be presented to the Scottish Parliament on 4 December 2024. This will set out the Scottish Government’s proposals for devolved taxes (such as the Land and Buildings Transactions Tax) and the income tax rates paid by Scottish taxpayers (other than on dividends and interest). It is also expected that the Scottish Government will publish its Tax Strategy on the same day which aims to set out the medium-term objectives for the Scottish tax system.  

During the summer, the Exchequer Secretary to the Treasury published a Written Ministerial Statement that also featured an update on the UK’s Pillar 2 legislation. The update confirmed that the Undertaxed Profits (UTPR) rule will be implemented in the UK for accounting periods beginning on or after 31 December 2024. Draft legislation was also published on the Country-By-Country reporting anti-avoidance rule. HMRC has provided more detail in an email to Chartered Accountants Ireland which reads as follows: “OECD Pillar 2: The government is publishing draft legislation to translate an internationally agreed anti-avoidance rule into UK legislation. The draft legislation stops attempts by multinational enterprises to avoid Pillar 2 top-up tax by exploiting a temporary simplification in the rules. The legislation will apply from 14 March 2024 and will prevent multinational enterprises that enter into certain avoidance transactions from accessing the simplification.  In addition, to provide certainty for affected businesses, the government is confirming that the UK will introduce the Undertaxed Profits Rule (UTPR) of Pillar 2 for accounting periods beginning on or after 31 December 2024 and will continue efforts to ensure the UK rules are effective and up to date.   The draft legislation on the anti-avoidance rule can be accessed on gov.uk here and we welcome any comments to pillartwoconsultation@hmtreasury.gov.uk.”  HMRC has also published further guidance on the multinational Top-up Tax and Domestic Top-up Tax for consultation. HMRC is seeking views on this further draft which includes new and updated pages of the manual. This release of the draft HMRC guidance manual includes all previously released pages (including updates in some cases) in addition to newly drafted pages.  HMRC invites comments from stakeholders on this draft guidance. Publication of the manual will begin following the review of consultation responses. Feedback is requested by 23 October to pillar2.consultation@hmrc.gov.uk.  A supplementary release of draft guidance will also follow in due course. This will include remaining draft guidance on flow-through entities, joint ventures, the insurance sector, additional top-up amounts, and the undertaxed profits rule (UTPR).  

In this week’s miscellaneous updates, a new form should be used to apply for healthcare cover in the EU and certain other countries and HMRC has published updated guidance on avoidance and evasion. The UK and Romanian governments have also agreed a reciprocal arrangement for VAT refunds and HMRC has issued a reminder that as the PAYE electronic payment deadline for September 2024 falls on a Sunday, payment must be made by 20 September. And finally, HMRC is holding a webinar on paying the national minimum wage in the care sector.  New form for applying for a healthcare certificate  HMRC has published a new form (CA8454) which should be used to apply for healthcare cover in the EU and certain other countries (Iceland, Liechtenstein, Norway or Switzerland). The form can be used if a person wishes to apply for the S1 healthcare certificate for their dependents, or themselves and their dependents, when taking maternity, paternity or adoption leave in those countries. A new interactive guidance tool intended to help workers find the correct form to use is also available.  Updated HMRC avoidance and evasion guidance   HMRC has published updated versions of the following documents:  a list of litigation decisions where it is HMRC’s view that tax avoidance was involved, and details of live corporate criminal offences (CCO) investigations. This legislation means it is a criminal offence if a corporation fails to put into place reasonable procedures to prevent associated persons from criminally facilitating tax evasion. According to this publication, at the time of writing HMRC currently has 11 live investigations and a further 28 live opportunities under review.  UK and Romania agree reciprocal VAT refund arrangement  The UK and Romanian governments have agreed a reciprocal arrangement for VAT refunds. Under the EU’s 13th Directive, UK businesses not established in Romania will be able to claim refunds of VAT paid on goods and services in Romania relating to their business activities. Businesses will be entitled to claim VAT incurred on or after 22 August 2024.   All claims must meet the eligibility criteria and application requirements set out by the Romanian tax authorities (Agenția Națională de Administrare Fiscală, ANAF/ National Agency for Fiscal Administration) to be paid.  Reminder: earlier September PAYE electronic payment deadline   HMRC has reminded employers in the August 2024 Employer Bulletin that as the September 2024 electronic payment deadline falls on a Sunday, to ensure that an electronic payment reaches HMRC on time, cleared funds must be paid into HMRC’s account by Friday 20 September 2024, unless the employer is using faster payment.  National Minimum Wage webinar  Paying the National Minimum Wage (NMW) correctly and protecting workers’ rights is a vital part of being an employer in the care sector. HMRC recognises that this is not always straightforward, and mistakes are easy to make.  HMRC, Gangmasters and Labour Abuse Authority (GLAA) and the Employment Agency Standards (EAS) inspectorate all work to support employers in avoiding those mistakes and get things right first time.   HMRC’s National Minimum Wage team are offering live webinars where they will be joined by colleagues from the GLAA and the EAS to talk through common issues found in the care sector, and how employers can protect workers’ rights. There will also be a panel of experts on hand from all three organisations to answer questions. 

In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit. The most recent Trader Support Service bulletin is also available as is the latest Brexit and Beyond newsletter from the Northern Ireland Assembly EU Affairs Team.  Miscellaneous updates to guidance and publications  Internal temporary storage facilities (ITSFs) codes for Data Element 5/23 of the Customs Declaration Service,  External temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service,  Top-up your Customs Declaration Service duty deferment account,  Pay into your Customs Declaration Service cash account,  Pay for imports declared using the Customs Declaration Service,  Moving Rest of World sheepmeat, poultry and beef to Northern Ireland. 

Northern Ireland's economy faces a pressing skills gap, impacting productivity and growth. Collaborative efforts between business, government, and education are crucial to addressing this workforce challenge, writes Christine Patton Despite the good news stories of a strong jobs market and low unemployment rate across the Northern Ireland economy, attention has turned to skills and the skills gap challenge faced by many sectors and employers across the region. Skills are generally broken down into three categories: Basic skills – those that everyone needs, including literacy, numeracy and basic digital skills. Essential skills – those which are transferable and applicable to almost any job, such as communication and teamwork. Technical skills – those which are specific to a sector or role and are not easily transferred.   But how important are skills to Northern Ireland’s economy? Arguably, there is nothing more important for our economic success.  For an economy to thrive, it needs a sufficiently skilled workforce across all three of the above categories. It also needs a high level of productivity – something Northern Ireland has struggled with, consistently falling behind that of its UK counterparts. Education and skills development are key drivers of productivity. Increased well-being also contributes to local economic development, with skills significantly correlated with life outcomes.   However, there are challenges to achieving a sufficiently skilled workforce. Given the rate of acceleration of new technologies, sustainability targets, an ageing population, and the growing emphasis on placemaking, developing the skills pipeline and closing the skills gap will not be an easy task. For employers specifically, it can be a struggle to attract the right people with the skill sets required. The 2024 Business Barometer report published by Open University in partnership with the British Chambers of Commerce, has found that nearly half (44%) of organisations in Northern Ireland are still reporting worrying skills shortages. In recognition of the skills imbalance and the challenges employers face, the Institute of Directors, in partnership with Grant Thornton, MCS Group and SONI, established a Skills and Workplace Forum to identify key skills issues. To promote prosperity and flexibility to respond to future opportunities, the report made five recommendations: Reduce economic inactivity – Northern Ireland must widen our labour market, increasing our talent pool to better support employers to build diverse, more successful teams. Greater engagement with schools – Northern Ireland needs to improve the targeting, timeliness, effectiveness and efficiency of all age career guidance. We need new ways of informing and motivating young people and adults about careers and skills for a lifetime of work. Improve access and widen participation – We need to change how we think about learning and skills and be responsive to all young people’s circumstances as well as new and emerging technologies and trends. Make childcare work for everyone – The Northern Ireland Executive needs to provide specific support to community-based social enterprises (such as women’s centres) to scale up sustainably, enabling them to provide affordable childcare solutions to parents in Northern Ireland. Change access to the apprenticeship levy – We need to change how the apprenticeship levy operates locally so it’s ringfenced for labour market partnerships, skills and lifelong learning (similar to Skillnet). As we look towards the future of the Northern Ireland economy, skills shortages must remain to the fore. To make progress in closing the skills gap, there must be a genuine partnership between business, government, education, and training providers. All parties must play a key role in stimulating the local skills system through strong collaboration and engagement to work towards a better future and, as the Skills Workforce Forum report put it, ‘realise the full potential of our workforce, which is our greatest asset’. Christine Patton is Manager of Economic Advisory at Grant Thornton NI

The Charities (Amendment) Act 2024 modernises Ireland's charity regulations, enhancing trustee accountability, financial transparency, and regulatory oversight, ensuring a more trustworthy, well-governed sector, writes Keith Doyle The Charities (Amendment) Act 2024 brings in a variety of changes aimed at modernising the regulatory framework for charities in Ireland. These updates place a strong focus on improving governance, transparency, and accountability across the sector. Key reforms for charity trustees One of the most notable changes introduced by the Act relates to the responsibilities and obligations of charity trustees. Trustees are seen as central figures within any charity, and the new regulations place greater emphasis on ensuring they understand their duties. The Act formalises the expectations for trustees, including the requirement to act in the best interest of the charity, maintain proper oversight of the charity's activities, and avoid conflicts of interest. Additionally, trustees are required to have a clear understanding of their charity’s financial situation, ensuring funds are used appropriately to achieve the charity's objectives. To support this, the Charities Regulator will now have expanded powers to investigate trustee conduct and hold them accountable if they fail to meet their obligations. In cases of serious misconduct, trustees may face removal from their position, fines, or even prosecution. This shift is aimed at protecting the reputation of the sector by ensuring all charities are managed to a high standard. Financial reporting and thresholds The Act also updates the financial thresholds for charities. Smaller charities will now have less stringent reporting requirements, while larger organisations will need to meet more comprehensive financial reporting standards. The purpose of these changes is to balance the regulatory burden between smaller and larger charities while still maintaining transparency. Under these new guidelines, all charities must ensure they keep accurate financial records and submit annual reports to the Charities Regulator. In line with this, there will be greater scrutiny of how charities use their funds, particularly for larger organisations. The goal is to ensure that funds raised from the public are spent appropriately and in accordance with the charity's objectives. Mismanagement of funds, even in smaller charities, will be subject to investigation and penalties. Charities should review the amended requirements for financial reporting and determine where they fall on the new thresholds for reporting. For instance, the Amendment Act has raised the threshold requiring that the accounts of a charitable organisation be audited from €500,000 to €1,000,000. On the other hand, while the previous Act exempted a charitable organisation that is a company from this audit requirement, this exemption has now been removed. Enhanced role of the Charities Regulator The Charities Regulator plays a central role in overseeing the charitable sector, and the new Act significantly enhances its powers. The regulator will now have broader authority to conduct investigations, inspect records, and take enforcement actions where necessary. This includes the ability to freeze bank accounts, remove trustees, and impose sanctions on charities that fail to comply with the new regulations. The Act also introduces provisions for the regulator to provide more guidance and support to charities, helping them navigate the new compliance landscape. These new powers and supports are intended to strengthen the sector by encouraging best practices and ensuring public confidence in how charities operate. Streamlining administrative processes Another focus of the Act is to simplify the administrative burden on charities with the aim to make it easier for organisations to comply with regulations without being overwhelmed by paperwork or unnecessary procedures. For example, the Act introduces measures to simplify the registration process for new charities, as well as changes to how charities can update their details or amend their governing documents. By streamlining these processes, the hope is that charities can focus more on their core mission of providing services and less on administrative tasks. However, these simplified processes are balanced by the increased expectations for accountability and governance. Will there be guidance for charities to assist with good governance? The Charities Regulatory Authority (the Authority) has welcomed the introduction of the new legislation and has announced plans to develop guidance for charity trustees and those involved in managing or advising charities as the changes being introduced under the Act are commenced. While any such guidelines or codes of conduct developed by the Authority will not have the same effect as legislation, the Act provides that charities and charity trustees shall have regard to them. It is, therefore, clear that it will be expected of charities that any such guidelines or codes of conduct will be taken into account and adhered to by charity trustees and this is something which they must bear in mind when ensuring that they meet their annual governance code compliance requirements. Trustworthy charitable sector Overall, the Charities (Amendment) Act 2024 introduces a range of reforms that will have a significant impact on how charities operate in Ireland. By strengthening governance, enhancing transparency, and expanding the powers of the Charities Regulator, the Act aims to foster a more accountable and trustworthy charitable sector. These changes will ultimately benefit the public, donors, and the charities themselves by ensuring that charitable organisations are held to the highest standards of governance and compliance. Keith Doyle is Audit & Assurance Partner at Azets

Blurred lines between WhatsApp use for personal communication, interaction with colleagues and business purposes can create serious risk for organisations and employers. TerriSue Cosgrove explains why Of late, WhatsApp has had a starring role in dismissals that end up in the Labour Court, official enquiries across public and private sectors and even criminal proceedings. From communication deemed unprofessional or unfortunate that damages reputations, to comments or disclosures that merit court or employment law proceedings, many are unaware of the extent to which WhatsApp messages can be risky in the workplace. From an employment law perspective, employers should be aware that they may be found vicariously liable for a claim where an employee says something problematic – for example, discriminatory or defamatory -- in a WhatsApp message. Lately, we have seen many cases coming before the Workplace Relations Commission (WRC) involving inappropriate messaging, with serious consequences, including job loss. In these cases, businesses are typically held responsible and may face WRC fines. Privacy Often when employees use WhatsApp, either on their personal phone or a business device, they are unaware their messages can be accessed and may be disclosed to judge their conduct at work.  Any message in connection with work duties, or within a WhatsApp group – even one only sometimes used for legitimate work purposes – may create liability for either party. There is some ambiguity, and employees can reasonably expect privacy, but where WhatsApp is commonly used for work purposes, not all messages will be deemed private if contentious issues arise. While messages may be encrypted, employees must remember that all written, video and audio communication can be recorded and shared. We have a misplaced belief that instant messaging disappears without a paper trail. With any work gossip shared digitally, however, it takes only a second for someone to take a screenshot to send to a line manager. And, if you use WhatsApp on a company phone, your employer can legitimately access files you send, via device management software, network monitoring or company wi-fi. Policy The practical importance of having a social media and/or electronic communications policy in the workplace cannot be underestimated. Controls to manage the online security risks of a Bring Your Own Device (BYOD) situation are also important. The company’s privacy or IT policy should inform employees about the extent to which their company devices are monitored, and that all monitoring is undertaken in line with internal policy and data protection principles.  It should also ask staff not to use private communication channels for work purposes, both to protect sensitive company data and employees themselves. A code of practice on the Right to Disconnect policy legislation should be adhered to. Continuous messaging on platforms like WhatsApp, especially outside of working hours, can prevent employees from fully disconnecting, leading to stress and burnout. Using personal WhatsApp for business, especially on public wi-fi, makes companies vulnerable to loss of business-related data on employee-owned devices. Phones must be appropriately protected with encryption, security updates, auto-screen lock and password protection.  Staff might also make unauthorised disclosures of confidential company or client information. Whether deliberately or inadvertently, this can damage the business directly, or allow client claims for breach of confidence or data. Again, this highlights the need for a strong communication policy. It is essential to not only have a policy but also train employees regularly on its use. Clear policies, robust procedures and staff training on appropriate communication and behaviour will minimise risks. This should include notifying employees that WhatsApp groups, and their use, can be monitored on work phones and that misuse can result in disciplinary action – even if the use is not specifically created or sanctioned by the employer. Own it If an employer actively encourages or allows employees to use social media as a mechanism to store business contacts, they must ensure they have control over how this information is used, especially if the employee quits work. Where an app or site is used primarily for business purposes, the employer has a stronger case in arguing ownership of it. Policy documents can make clear statements that the employer owns a social media account, and/or the data or intellectual content on it, as well as the monitoring in place to protect the legitimate interests of the business, such as client confidentiality and reputation. Companies rarely have an idea of the WhatsApp groups in operation in their organisation, or who has access to them, and 'profiles' are often just a mobile phone number. It is likely that former employees, contractors or customers may have ongoing access to business information that they shouldn’t. Employers must realise they cannot revoke access to business information once it is on WhatsApp, as data is stored on individual phones, rather than centrally. And, if employees leave, they still have company information, including potentially sensitive data, and there’s little an employer can do about it. Michael O'Connor of NexGen Cyber says it is essential that companies regularly review digital assets, assess their security controls and implement measures to protect them. This not only safeguards their assets, but also demonstrates the security protocols in place to employees, and reassures clients and business associates. Such processes ensure data is protected and clearly illustrates its value and the potential repercussions in the event that a complaint is made. TerriSue Cosgrove is Managing Director at The HR Head

The Department of Enterprise, Trade and Employment has recently confirmed changes to the procedure for notifying the Minister of proposed collective redundancies, pursuant to section 12 of the Protection of Employment Act 1977, as amended. These changes took effect from 1 July 2024 and are on foot of: Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 S.I. 324 of 2024: Protection of Employment Act 1977 (Notification of Proposed Collective Redundancies) Regulations 2024 The following is a summary of the changes: All collective redundancies must be notified to the Minister, including where the employer is insolvent. This must be done by the employer or a responsible person (a Liquidator, Provisional Liquidator, Receiver or other court-appointed officer where the employer’s business is being wound up). Notifications may now be submitted electronically to minister@enterprise.gov.ie, as well as by registered post or hand delivery. Additional information is now required in a notification including the contact details of the employer or responsible person; and if the employer is a company, its CRO number. A new optional template form (Form CRN1) has been published to assist employers and responsible persons in complying with their obligations when notifying the Minister. Further information is available on Workplace Relations Commission webpage.

If you completed a Masters Degree and as a result only need to do a 3 year training contract (as opposed to the 3.5 years) you may be looking to interview in the market before the end of this year! As such, you will need do start considering your career path and the direction you want to take. There are a number of actions that will help you when making important decisions.  Below is a list you can tick off as complete over the weeks ahead :  Action list and Key considerations as a newly qualified ACA : Build a top class CV – Template and guide here   Start a Career Plan file – Webinar here   Watch some career webinars here and articles here    Start market mapping and select your top ten preferred/potential employers – If you need advice on market mapping your Careers Team in the Institute. Follow these companies on LinkedIn and you could even reach out to other Chartered Accountants working there via LinkedIn.  Get your LinkedIn profile up to speed – Document guide available from dave.riordan@charteredaccountants.ie  Treat this as the appendix to your CV – Professional Photo and good bulleted detail.   Set up alerts on jobs boards for a variety of different roles and titles and filter into a folder for review.  Connect with a few trusted recruiters to understand the career curve of an ACA – The Career Pathway Hub here will also be a useful resource.  Explore the full spectrum of career paths that you can take post qualification  Consider whether a contract might be a good option at this particular crossroads  Connect with a few mentors and get their advice formally.  Explore the option of a stint abroad to add real-world experience to my CV  Initiate a networking mentality and start speaking to your peer group about what they are doing with their careers in the years ahead.  Examine the LinkedIn profiles of peers several years ahead of you to see what paths they have taken as they moved out of their training contract.   Establish an elevator pitch about where you want your career to go.  Based on your recent annual reviews in work write an honest SWOT analysis of your personal brand and current profile.   Start building an Interview narrative – What are your key selling points / key stories and value-add examples? Have you asked the Institute Careers Team or a recruiter for a prep session? Interview Do’s and Don’t’s document here :   Consider who your referees going to be and will they sing my praises. Give them advance notice.   If October or November 2024 is when you will be leaving your training contract then start the key actions now per the above list and don’t put off contacting your Careers Team.  Get ahead of the curve.   Dave Riordan (FCA)   Recruitment Specialist & Career Coach | Careers Team Chartered Accountants Ireland.   Dave.riordan@charteredaccountants.ie    

From April 2025, businesses and employers were due to start providing more detailed employees’ hours data through PAYE Real Time Information submissions as proposed in the draft legislation: improving the data HMRC collects from customers. HMRC has announced that this specific aspect will not now commence from April 2025 due to concerns about their being insufficient lead in time to upgrade software and the delay caused by the general election. Although a revised timeline has not yet been announced, HMRC has said that this requirement will now not apply until April 2026 at the earliest. The announcement came in the most recent HMRC News and Information Bulletin.  In response to the initial consultation examining these proposals, Chartered Accountants Ireland expressed its concern that the additional data to be collected was not warranted.  However, the April 2025 expected implementation date for the other new data to be collected is still expected to proceed as this is still viewed as being “achievable”. At present, the data in-scope are as follows:  Directors in owner-managed businesses will be required to provide the amount of dividend income received from their own companies separately to other dividend income, and the percentage share they hold in their own companies via their Self-Assessment return,  The self-employed will be required to provide information on start and end dates of self-employment via their Self-Assessment return.  HMRC did say however that “whether and when to proceed with implementing the regulations remains subject to decisions by the new government.”   A further update on these proposals and the timeline for implementing these changes will be provided in due course.  

In this week’s miscellaneous updates, HMRC has been writing to approved producers of alcoholic products in the UK to tell them about the new digital service due to be launched in March 2025 and how to get ready. The minutes from the most recent Joint VAT Consultative Committee and Guidance Strategy Forum meetings are available. We update you below on P87 (tax relief for employment expenses) processing and the National Audit Office (NAO) has published a report on tackling tax evasion in high street and online retail.  The fuel advisory rates applicable to company car users from 1 September 2024 have been published and the latest  schedule of HMRC live and recorded webinars for tax agents is also available for booking. Spaces are limited, so take a look now and save your place. And finally, check HMRC’s online services availability page for details of upcoming planned downtime and the online services affected.  P87 processing  HMRC is expected to provide a more detailed update on this issue later in September. However, we have been advised of the following in the meantime:  “HMRC has withheld the processing of some employment expense claims due to concerns about whether the relief claimed is due.   HMRC wants to make sure that customers get the tax repayments they are entitled to in as straightforward manner as possible. However, we also need to make sure that where we identify customers who are making errors, we take action to put things right for the customer and prevent similar mistakes from occurring in the future. This is why we are asking some customers to provide further evidence.  We will provide more information to customers impacted by this in due course.”   NAO report on tax evasion in high street and online retail  The NAO reported recently on tax evasion in high street and online retail in the context of HMRC estimating that tax evasion costs around £5 billion a year in lost revenue and is most prevalent among small businesses. The report examined whether HMRC, with other parts of government, is well-placed to tackle tax evasion in high street and online retail and also examined specific risk areas in more depth.   The report concluded that HMRC has had success in raising more tax from online retail by making online marketplaces liable for the VAT on sales by overseas retailers, which generated more than HMRC expected. However, significant weaknesses remain in government systems which tax evaders can easily exploit, most notably around company registrations and the ability of overseas businesses to falsely represent themselves as UK-established.  Tax evasion has been growing among small businesses, and HMRC has so far lacked an effective strategic response. Although there are good examples of localised campaigns targeting some retailers, HMRC missed earlier opportunities to tackle others, potentially allowing their market share to grow.  HMRC’s assessment of risks has also given too little emphasis to widely used methods of evasion such as sales suppression and “phoenixism”, despite identifying that they were large and potentially growing. This means HMRC may not prioritise the most effective compliance interventions. It has also not used some new powers to tackle tax evasion. While these remain untested, they will offer less deterrence.  Tackling tax evasion is not a straightforward task, and with finite resources HMRC must work with the rest of government and other stakeholders to find the most cost-effective way to reduce evasion.  HMRC’s overarching strategy to tackle non-compliance by preventing it from occurring is sensible, but it has not followed through on this principle sufficiently for tax evasion. Real opportunities exist for HMRC to work more systematically across government to reduce evasion.  The report also concluded that HMRC does not measure its overall performance in responding to tax evasion, although the examples highlighted in the report suggest high returns. The likelihood is that tighter controls and more compliance work could raise significant sums and would be cost-effective and improve value for money.   

In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit. The most recent Trader Support Service bulletin is also available as is the latest Brexit and Beyond newsletter from the Northern Ireland Assembly EU Affairs Team.  Miscellaneous updates to guidance and publications  Check if a business holds Authorised Economic Operator status,  Data Element 2/3 Documents and Other Reference Codes (National) of the Customs Declaration Service (CDS),  Get an individual guarantee to cover customs debts,  Delivery terms for Data Element 4/1 of the Customs Declaration Service,  Data Element 2/3: Documents and Other Reference Codes (Union) of the Customs Declaration Service,  External temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service,  Due diligence when making customs declarations. 

Welcome to the latest edition of Technical Roundup which is published on the first and third Friday of every month. This is the first edition of Technical Roundup since its Summer Break and we have included some updates below which occurred over the Summer. In developments since the last edition Chartered Accountants Ireland were delighted to welcome members who joined on 1 September to the Institute thereby creating the largest professional body on the island of Ireland.  IAASA recently published a consultation paper to obtain stakeholders’ views on its proposal to revise the Ethical Standard for Auditors (Ireland) and the Financial Reporting Council has issued a consultation on revisions to its Guidance on the Going Concern Basis of Accounting and Related Reporting including Solvency and Liquidity Risks. Read more on these and other developments that may be of interest to members below. Financial Reporting The International Accounting Standards Board (IASB) has published several updates over the summer months covering their recent activities, including June 2024 update and podcast July 2024 update and podcast August 2024 update The IASB has published its review of the impairment requirements relating to financial instruments, which indicate that the requirements in IFRS 9 are working as intended and provide useful information to users of financial instruments. The IASB is proposing amendments to its newest standard, IFRS 19 Subsidiaries without Public Accountability Disclosures, which proposes to reduce disclosure requirements for entities applying the standard. The comment period remains open until 27 November 2024. The IASB is proposing narrow-scope amendments to IAS 21 The Effect of Changes in Foreign Exchange Rates. The comment period remains open until 22 November 2024. The IASB is also proposing to add eight illustrative examples to illustrate how companies can apply IFRS Accounting Standards when reporting the effects of climate-related and other uncertainties in their financial statements. The comment period for these proposals remains open until 28 November 2024. The Financial Reporting Council (FRC) has issued a consultation on revisions to its Guidance on the Going Concern Basis of Accounting and Related Reporting, including Solvency and Liquidity Risks The European Financial Reporting Advisory Group (EFRAG) has issued its Annual Review 2023 which includes key developments for 2023 and Q1 of 2024. The FRC has published amendments to the FRS 101 Reduced Disclosure Framework standard. There are minor amendments to the standard including a disclosure exemption from presenting certain comparative information, and a conditional exemption for qualifying entities in respect of certain disclosures about supplier finance arrangements required by IAS 7 Statement of Cash Flows. The FRC has published thematic reviews covering offsetting in financial statements and IFRS 17 first year disclosures. IASB Exposure Drafts On 15th July, the IASB closed the comment period for their exposure draft ED/2024/1 Business Combinations—Disclosures, Goodwill and Impairment (Proposed amendments to IFRS 3, IAS 36). While broadly agreeing with the proposals, the Institute made some recommendations for the IASB to consider when finalising their response. EFRAG and the UK Endorsement Board (UKEB) also responded to the consultation with some recommendations. On 7th August, the IASB closed their comment period for their exposure draft ED/2024/3 Contracts for Renewable Electricity- Proposed amendments to IFRS 9 and IFRS 7. The Institute’s Financial Reporting Technical Committee issued a response to this and noted its overall support for the project, with some areas for improvement and clarification noted. EFRAG and the UKEB also responded to the consultation with some recommendations. IFRS 18 educational material IFRS 18 Presentation and Disclosure in Financial Statements will become effective on 1 January 2027. Some recently published educational material in relation to this new standard includes; IAASA’s policy paper, which sets out some matters for preparers to consider when applying the standard EFRAG’s summary reports on their educational sessions held over the Summer The UKEB have held some outreach activities and have also conducted some surveys on the standard Join us for some Free CPD & learn about the upcoming changes to FRS 102 on 11 September In March, the FRC issued amendments to FRS 102 and FRS 105 as part of its second periodic review of the standards. These changes will become effective in 2025 and 2026. In order to raise awareness of the requirements set out in the amended accounting standards, the FRC will be in Dublin on the 11th September for a free, in-person event. Please join us at the event to learn more about the upcoming changes, including significant changes to lease accounting and revenue recognition. Auditing and Assurance IAASA has published a consultation paper on its proposal to revise the Ethical Standard for Auditors (Ireland) and the comment period remains open until 25 October. The proposed effective date for the new standard is for audits of financial statements for periods beginning on or after 15 December 2025. IAASA has issued the July edition of its Standards Newsletter which includes updates on assurance of corporate sustainability reporting in Ireland and international developments. The FRC has published its sixth Annual Enforcement Review (Review) which provides a summary of FRC enforcement activity for the year ending 31 March 2024. The FRC has published its Annual Review of Audit Quality which covers the inspection and supervision results of the Tier 1 audit firms (BDO, Deloitte, EY, Forvis Mazars, KPMG, and PwC), which the FRC defines as the firms with the largest share of the UK PIE market. International Standard on Auditing for Audits of Financial Statements of Less Complex Entities (ISA for LCE). IAASB has published new supplemental guidance on auditor reporting and new supplemental guidance which has been added to the existing resources issued.  The IAASB guidance includes videos, webinars, and other guidance. Sustainability On 5 July 2024 Minister for Enterprise, Trade and Employment, Peter Burke TD signed into law the Statutory Instrument giving effect to the provisions of the Corporate Sustainability Reporting Directive (CSRD). This legislation was signed just before the passing of the 18-month period whereby EU Member States had to have the CSRD enacted locally. While Ireland made this deadline, not all European countries did. You can keep track of the status of the CSRD transposition across Europe using Ropes & Gray’s CSRD Transposition Tracker. On 7 August IAASA issued a letter to Audit Committee Chairs highlighting their responsibility for the process of preparing sustainability reports as well as for monitoring the assurance process. It also highlights IAASA’s expectation that compliance with these requirements may significantly impact the annual reporting timelines. On 30 August, EFRAG published its XBRL Taxonomy for ESRS Set 1, which enables the digital tagging of ESRS statements. In addition, EFRAG has published the XBRL Taxonomy for Article 8 disclosures. The digital taxonomies enable the marking up ('tagging') of sustainability reporting in machine-readable XBRL format. Over the Summer, the Global Reporting Initiative (GRI) issued some interesting publications, including; GRI best prepares companies for CSRD reporting rules which answers some questions on what the new European Sustainability Reporting Standards mean for the use of GRI standards. GRI and TNFD make reporting on biodiversity easier which introduces a joint interoperability mapping resource and gives a detailed overview of the alignment between the TNFD disclosure requirements and the GRI standards EFRAG’s ESRS Q&A platform continues to provide a useful source of information regarding the ESRS standards. The platform is regularly updated with new questions and explanations. On 5 July 2024 the European Securities and Markets Authority (ESMA) published: a Final Report on the “Guidelines on Enforcement of Sustainability Information” (GLESI), and a Public Statement on the first application of the European Sustainability Reporting Standards (ESRS). Over the Summer, the EFRAG have released a connectivity project initial paper entitled “Connectivity considerations and boundaries of different Annual Report sections” The Ecodesign for Sustainable Products Regulation establishing a framework for the setting of ecodesign requirements for sustainable products was published on 28 June 2024 and entered into force on 18 July 2024.  It expands the scope of and replaces the current Ecodesign Directive (which applies to the energy efficiency of energy using products). Please click the Dept. of Enterprise Trade and Employment link to find out more about the main features of the legislation which include putting a stop to the destruction of unsold consumer goods and promoting and procuring more sustainable products. Sanctions and anti-money laundering The Internet Organised Crime Threat Assessment (IOCTA) issued its annual assessment in July 2024.  The report highlights relevant trends in crime areas such as cyber-attacks, child sexual exploitation and online and payment fraud schemes. Charities news The Charities (Amendment) Act 2024 was enacted in July 2024 and commencement of the legislation is awaited. Anyone who deals with a charity will benefit from reading Mason Hayes & Curran LLP article which deals with a selection of the new features of the 2024 Act. See in particular a useful paragraph on financial reporting requirements. The link to the Mason Hayes & Curran LLP article is here. Also on the charities front, the Irish Charities Regulator has published a newsletter in recent weeks. Charities Regulator News Issue 29 (newsweaver.com). It contains a link to their Annual Report 2023, a very useful article and checklist for a charity which may be selling a property some information on the new Charities (Amendment) Act 2024 and an article on Charity reserves and why they matter. Dept. of Enterprise Trade and Employment news Increase in Company law thresholds come into force The European Union (Adjustments of Size Criteria for Certain Companies and Groups) Regulations 2024 (S.I. No. 301 of 2024) were signed into law on the 19 June and came into operation on the 1 July 2024. The Regulations transpose delegated Directive 2023/2775/EU . The purpose of the Regulations and the Directive is to adjust company size thresholds in line with 25 per cent inflation, thereby reducing the regulatory and administrative burden on some companies, which would otherwise become subject to audit and additional financial reporting requirements. In October 2023 the Institute, as part of the Consultative Committee of Accountancy Bodies -Ireland responded to the European Commission request for feedback on adjusting SME size criteria for inflation . Please see an Institute news item of June 24, 2024 on Increased size limits for Irish companies signed into law and click for the Dept. of Enterprise Trade and Employment (DETE) announcement referred to in the news item. Please click for a link to the page in the Institute’s technical hub dedicated to details of company law thresholds. Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024 Readers may recall a news item in our last edition of round up that this legislation had been passed and readers were given a link to an Institute guide on the company law changes. The Act was commenced in its entirety on 1 July 2024. Draft company/business law legislation has been brought forward by DETE recently Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 The General Scheme of the Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 was published by DETE in March 2024. Readers can click here for our news item on provisions which might be of interest to members. By way of update readers should note that in July 2024 DETE published the Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 (“the Bill”). The Bill includes substantially all the provisions of the General Scheme though it is worth noting that some of the provisions contained in the General Scheme in relation to the Corporate Enforcement Authority (CEA) are not included in the Bill. Click here to see the update on the proposed changes to Irish company law which we published in August 2024. Registration of Limited Partnerships and Business Names Bill (General Scheme) The heads of the General Scheme of the Registration of Limited Partnerships and Business Names Bill 2024 was published in July 2024. The General Scheme is accompanied by a Regulatory Impact Analysis.  The General Scheme proposes to repeal and replace the Limited Partnerships Act 1907 and the Registration of Business Names Act 1963. Subsequently, in August 2024 government approval was secured to commence drafting of the Miscellaneous Provisions (Registration of Limited Partnerships and Business Names) Bill. The proposed Bill would repeal and replace the Limited Partnerships Act 1907 and the Registration of Business Names Act 1963. Both Acts require updating to provide for modern business practices for those engaged in business using a business name or the limited partnership model.  Please click here for an article by law firm Pinsent Masons LLP, an article by law firm Addleshaw Goddard LLP and an article by KPMG Law LLP on the proposals. National Enterprise Hub On 10 July the Minister for Enterprise, Trade and Employment, Peter Burke TD, launched the National Enterprise Hub which brings together information and resources on over 180 government supports.  It is a free service which will make it easier for entrepreneurs to access and avail of grants funding and expert advice across a range of sectors. The hub brings together information and resources on over 180 government supports from 19 different departments and state agencies which can be accessed through the new online hub (www.neh.gov.ie). Please click here for an article by Ogier LLP on the launch of the hub. Pensions Authority The Pensions Authority published 3 publications during the summer which might be of interest. The first is Investment strategy (liquidity risk) guidance for trustees. The next is a link to the launch of the IAPF’s (which represents pension savers)  Cost Transparency Standard (CTS).The third is an information note on the Digital Operational Resilience Act (DORA). Digital resilience - DORA and NIS-2 In August 2024 the Department of the Environment, Climate and Communications published the General Scheme of the National Cyber Security Bill 2024. The Bill, when passed, will implement EU Directive 2022/2555, Network and Information Security Directive known as NIS 2. The directive must be brought into effect by member states by 18 October 2024. When implemented, in-scope entities will have imposed on them a significantly increased cybersecurity preparedness and incident reporting regime. Click to read some further information from the Dept. on the general scheme including the categories of “essential “and “important “entities (which includes for example sectors such as transport, pharmaceutical and healthcare ) and cybersecurity risk management. The three European Supervisory Authorities (EBA, EIOPA and ESMA – the ESAs) will establish the EU systemic cyber incident coordination framework in the context of the Digital Operational Resilience Act (DORA), that will facilitate an effective financial sector response to a cyber incident that poses a risk to financial stability by strengthening the coordination among financial authorities and other relevant bodies in the European Union. Other On 1 September Chartered Accountants Ireland and CPA Ireland commenced operations as one Institute under Chartered Accountants Ireland. CPA Ireland members, students, staff and services have been incorporated into those of Chartered Accountants Ireland creating the largest professional body on the island of Ireland. On 11 July The Central Bank of Ireland published the independent review of its Fitness and Probity (F&P) regime.  The review was undertaken by Mr Andrea Enria the former Chair of ECB Supervisory Board. The Corporate Enforcement Authority has this week published its September newsletter which provides an overview of the CEA’s activities in recent months. This includes information about the CEA annual report, enforcement activities, company law developments and a reminder about its upcoming annual conference on 17 October 2024. You can sign up here  to receive the CEA newsletter directly to your mailbox.          Readers, in particular employers, may find useful A &L Goodbody thoughts and insights after 18 months of the new whistleblowing regime | A&L Goodbody LLP (algoodbody.com) which was published during the summer. It is written 18 months after Ireland transposed the EU Whistleblowing Directive through the Protected Disclosures (Amendment) Act 2022 (“2022 Act”). It notes, for example, a substantial increase in the number of whistleblowing claims and discusses the question most frequently asked by its international employer clients. This is whether the employer can retain its centralised reporting channel at parent company level with the introduction of the 2022 Act or whether each legal entity in a group must have its own internal reporting channels and procedures. Readers are also reminded of the Institute resources in this area. The Institute pages on protected disclosures on the technical hub have a large volume of information and resources available on this topic. In July 2024, the Irish Dept. of Finance published the Finance (Provision of Access to Cash Infrastructure) Bill 2024. The Bill aims to ensure that sufficient and effective access to cash is available in Ireland, and that any further evolution of the cash infrastructure will be managed in a fair, orderly, transparent and equitable manner for all stakeholders. Click here for the Dept. press release and text of the draft legislation. The text of the EU Artificial Intelligence (AI) Act was published during the summer. You can click for the text of Regulation 2024/1689. The AI Act became law on 1 August 2024 and the various parts of the legislation come into effect in the coming years. Please click the link to access a European Commission page on the AI Act. IFAC, the International Federation of Accountants has published a Professional Accountancy Organisation (PAO) Strategy Planning Toolkit which is designed to equip PAOs to develop their strategic plans and develop their operating models.    This information is provided as resources and information only and nothing in the information purports to provide professional advice or definitive legal interpretation(s) or opinion(s) on the applicable legislation or legal or other matters referred to in the information. If the reader is in doubt on any matter in this complex area further legal or other advice must be obtained. While every reasonable care has been taken by the Institute in the preparation of the information we do not guarantee the accuracy or veracity of any resource, guidance, information or opinion, or the appropriateness, suitability or applicability of any practice or procedure contained therein. The Institute is not responsible for any errors or omissions or for the results obtained from the use of the resources or information contained herein.