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Tax UK
(?)

Revenue and Customs Brief — VAT treatment of voluntary carbon credits

From 1 September 2024, the sale of voluntary carbon credits will be standard rated for VAT purposes if the place of supply is the UK. Revenue and Customs Brief: VAT treatment of voluntary carbon credits (VCCs) sets this out in change in treatment in more detail.  VCCs are tradable certificates that verify the reduction or removal of one metric tonne of carbon dioxide (or equivalent greenhouse gases) from the atmosphere. These differ from compliance market credits which are used within regulated emissions trading schemes.   This change in treatment reflects HMRC’s changed view that a secondary market for VCCs has emerged, and that businesses now incorporate VCCs into onward supplies.   As a result, from 1 September 2024, the sale of most VCCs will be treated as a taxable supply for VAT at the standard rate, if the place of supply is the UK. However, certain VCCs activities will continue to fall outside the scope of VAT. More detail is available in the Brief, and in the relevant HMRC manual.   

Jul 08, 2024
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Tax UK
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This week’s miscellaneous updates – 8 July 2024

In this week’s miscellaneous updates, HMRC has advised that some 2022/23 self-assessment tax returns have yet to be processed and some taxpayers have had voluntary Class 2 National Insurance Contributions (NICs) incorrectly refunded. HMRC is also running a range of webinars over the next two weeks on various topics relevant to employers.   Delays in processing some 2022/23 self-assessment returns  HMRC has advised there is currently “a small backlog in processing returns for 2022/23”. Over the next few months “additional resource is to be brought in to help manage the existing backlog.” HMRC will advise in due course on how this may impact when filing 2023/24 returns if the taxpayer’s 2022/23 return has not been processed at that time.  Erroneous refunds of voluntary Class 2 NICs paid via Self-Assessment  HMRC has asked us to share the below message. We will update you on any further developments when details are available.  “We are aware some taxpayers with profits below the small profit threshold (voluntary payers) who have paid Class 2 NICs via SA may have had their Class 2 NICs refunded in error. Unfortunately, we are not able to identify how many, or which taxpayers are affected.   Background  An issue caused a payment file to be processed later than usual, which meant files which should have been processed on 02/02/2024 were not processed until 05/02/2024. We are now putting measures in place to make sure this does not happen again.  What this means for taxpayers  Affected taxpayers will have received a customer service message advising their payment has been paid too late and either:  Received a refund of Class 2 NICs  Not received a refund of Class 2 NICs with payment showing as a credit in SA or with payment allocated to an outstanding balance in SA, or   With payment allocated to a different SA debt.  We apologise for any inconvenience caused.   Taxpayers can check their account online or in the HMRC App to see if their Class 2 NICs are recorded on their NI record. If the year is not showing as full or they are unable to access their online accounts, they can ring the NI helpline for assistance. We have updated our advisor guidance accordingly.   The Agent Online Forum team will proceed to update the relevant thread.”  HMRC webinars for employers  HMRC is holding the following webinars over the next two weeks on a range of topics relevant to employers. Click each link below to book onto the webinar.  10 July: tax implications of an employee having more than one workplace   9 and 11 July: reimbursing employees for travel costs  16 July: tax treatment of phones, internet and homeworking. 

Jul 08, 2024
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Tax
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EU exit corner - 8 July 2024

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.   Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:  Data Element 2/3: Documents and Other Reference Codes (Union) of the Customs Declaration Service Appendix 1: DE 1/10: Requested and Previous Procedure Codes  Making an export declaration using a pre-shipment advice  4-digit to 3-digit procedure to additional procedure code correlation matrix for imports;  Making an export supplementary declaration  Making a full export declaration  Notice to exporters 2024/12: export declarations move from CHIEF to CDS from 4 June 2024  Report a problem using the Customs Declaration Service  Notices made under the Customs (Export) (EU Exit) Regulations 2019  Appendix 2 C21i: DE 1/11: Additional Procedure Codes  Authorised Consignee Temporary Storage (ACTS) location codes for Data Element 5/23 of the Customs Declaration Service  Check if a business holds Authorised Economic Operator status. 

Jul 08, 2024
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News
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Tax transparency and the sustainability drive

Companies integrating tax disclosures into sustainability efforts face a complex transparency challenge. David McGee explains why Tax is becoming an increasingly important aspect of a company’s social responsibility and overall values. This is evident in its inclusion in sustainability reporting frameworks, such as the Corporate Sustainability Reporting Directive (CSRD). The trend towards integrating tax disclosures into sustainability efforts indicates that companies face a complex and ongoing challenge regarding tax transparency and sustainability. PwC’s 2024 Tax Transparency Report analysed the tax disclosures of all 20 companies listed on the main market of the Irish Stock Exchange (Euronext Dublin) to see how prepared they are for tax disclosures under the CSRD and how it affects their tax approach. Tax policy approach We found that companies primarily make tax disclosures through a tax strategy, also known as a company's approach to tax or tax policy. We discovered that 80 percent of companies mentioned tax in their broader sustainability reports, up 14 percent on last year. This indicates that companies recognise the importance of tax as an environmental, social, and governance (ESG) metric in which their stakeholders are interested. Additionally, one more company reported on tax with reference to the Global Reporting Initiative (GRI) 207 standard compared to last year. However, few companies describe how their approach to tax links to their sustainability strategy. This may be due to simply not connecting the dots between tax and sustainability efforts. The CSRD is still in its relative infancy and, as such, the number of companies reporting a link between their tax and sustainability strategy is expected to rise in the years ahead. Broader implications Integrating economic and social impacts into tax strategy reflects an organisation’s commitment to considering the broader implications of its actions beyond mere financial gains, including its impact on communities and the environment. Here are some key steps businesses can take today: Engage the board: Increasing investor pressure on tax means tax transparency is now a board-level issue. It is essential for your board, tax function and ESG teams to fully engage with this issue and to align tax practices with sustainability strategy. Engage with your sustainability teams: Tax and sustainability teams should work closely to ensure that double materiality assessments carried out under the CSRD consider tax-related impact, risks and opportunities. This will contribute to informed decisions on the materiality of tax. Prioritise your tax strategy: Prioritise creating a formal tax strategy to guide disclosures and to control the narrative regarding your company’s tax practices and transparency efforts. Consider what, and to whom, you are reporting: Understand the material tax matters your stakeholders want to know about and why. Review your current disclosures to see if they align with stakeholder expectations and/or regulatory requirements. Consider clarity and context in communications to help your target audience understand what’s at stake. Establish optimal reporting framework: Choose a reporting framework that aligns with your company's values and stakeholder interests. If you are using an existing framework like GRI for sustainability, align your tax disclosures accordingly. Set up tax disclosure processes: Implement formal procedures and governance to uphold the integrity of both qualitative and quantitative tax disclosures. This helps to ensure accountability and consistency. David McGee is Environmental, Social and Governance Leader with PwC Ireland

Jul 03, 2024
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News
(?)

How to start your life-work balance journey

Aoife Hughes outlines what life-work balance is and the steps you can take to break unhealthy habits and achieve equilibrium Life-work balance often feels unattainable as we have a lot of time competitors, all champing at the bit to claim time and energy from us. Life-work balance can be defined as a series of habit changes, powered by a permission mindset, vision, strategies and systems. The metric of success is time to invest into your self-care. Here, I outline some key steps you can take to achieve the ultimate life-work balance. Permission to embrace self-care First, build a permission mindset to invest time into your self-care. This is a term that often incurs frustration as we feel we ‘don’t have time’ to invest into self-care. Self-care can be seen across three lenses: physical, emotional and social health. They can be interlinked. Self-care is a strategy to manage emotional stress to ‘find calm in the chaos’. We all experience chaos in life. ‘Big’ chaos can involve life-changing events such as moving house, having children or falling ill. ‘Small’ chaos is the day-to-day stress from getting to work on time, deadlines and cooking dinner. Building boundaries and prioritisation are critical components to managing self-care and stress. To deal with the chaos, and care for yourself, identify when you are stressed by noticing when your heart starts racing and you can’t concentrate. Manage this by inhaling for four seconds, holding your breath for seven seconds and exhaling for eight seconds. Future vision Design your ideal life-work balance by visualising what you want. Then, define your core values. These values are the deeply-held beliefs that guide your behaviours and decisions. Building awareness about limiting beliefs that impact your thoughts, emotions and habits is key to implementing change. Creating your goals involves change – something that is not easy as we are not conditioned for change. We are wired to stay within our comfort zone as we don’t have any emotional connection with something that we have not yet experienced. To achieve your goals to reach your vision, you need to break old habits and start building new ones. You can do this by identifying one goal to help you reach your vision. Change one limiting belief to build or break a habit to reach your goal. And if you need extra help, the How to Run Your Home Like a Business Framework supports habit changes with strategies and systems to manage the physical and mental load that comes with home and family life to make room for self-care. Building strategies Building a strategy to manage your home and family life involves identifying your ‘partner in the business’. This can be your roommate, family member or life partner. Create a plan for the work associated with the home and family. Look at the projects and tasks that need to be completed on a daily, weekly, monthly, quarterly and annual basis – just like how you would approach project management in the workplace. Next, look at your internal team, which could be your immediate family, and identify who your ‘village’ are. Leadership and asking for help are key to achieving success with implementing your strategies. Finally, identify what projects you would like to complete in your home. Manage when you would like to have these projects completed by creating a prioritisation plan. Systems management Now that you have your strategies and team in place, building systems and delegation are the final components. Identify what your key pain points are in terms of managing the physical and mental load that comes with home and family life. Give yourself permission to set a budget and invest in solving problems by expanding your team with external suppliers. For example, hiring a cleaner to manage weekly tasks will lighten the physical and mental load that comes with the home. The key cyclical tasks related to the home are cooking, laundry and dishes. They come with a heavy workload as they need to be managed regularly. Delegate ownership around these tasks by playing to the strengths of each partner. Delegation can be challenging. Working with the ‘progress over perfection’ mantra and accepting that tasks may be approached in a different manner, can help to overcome some of the challenges. Leverage planning tools and applications to streamline the systems you create to save time. Identify who owns a task that needs to be managed weekly, then create a system and schedule this task with an online calendar or app. Begin at the start Life-work balance is a fitness – you decide how far you want to take it. The hardest part is starting. Once you build your permission mindset and vision, however, you’ll soon find that the rest will fall into place. Aoife Hughes is the founder of FRAZZLE

Jul 03, 2024
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News
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The importance of neurodiversity for small businesses in Ireland

Small businesses can sometimes feel left out of the conversation on neurodiversity, believing such initiatives are reserved solely for large businesses. Mark Scully explains why it is so important for small businesses to embrace neurodiversity and how  Neurodiversity is the idea that all people experience and interact with the world around them in many ways. There is no one "right" way of thinking, learning, and behaving. Under the neurodiversity lens, differences arising from neurodivergences, such as dyslexia, dyspraxia, autism or ADHD, are not viewed as deficits. Instead, these differences can give rise to certain strengths as well as unique perspectives. The importance of neurodiversity in the workplace has gained significant attention internationally and Irish workplaces are finally beginning to embrace this, such as Bank of Ireland’s roll out of its Neuroinclusion Policy. The commentary around neurodiversity initiatives can make it seem that they are the preserve of large organisations, however, leaving smaller businesses feeling that they don’t have the scale, resources or time to deal with such matters. Neurodiversity initiatives in small businesses Based on the most recent available CSO (2021) statistics, 69 percent of people are employed by SMEs. Importantly, almost 50 percent of all employees in Ireland are employed in businesses which employ less than 50 people, being small enterprises (22%) or micro enterprises (28%). So, it is paramount to emphasise the important role small businesses can play in embracing neurodiversity, as well as to challenge misconceptions and barriers that may stand in the way. “We will cross that bridge when we come to it” Some businesses may see neurodiversity as something to be dealt with in the future when they are forced to react to it, e.g. when a new employee is neurodivergent. However, businesses may be surprised by the likelihood that they may already have neurodivergent employees. Research published in the British Medical Bulletin in 2020 estimates between 15 percent and 20 percent of the population is neurodivergent, with the current view being that it is the higher end of this range. Taking this 20 percent rate, and by using the most recent European Disability Forum’s employment rate for disabled people in Ireland of 32.6 percent as a proxy (which likely understates the employment rate for all neurodivergent people, excluding autistic adults who face significant barriers to employment), we can estimate the probability of at least one neurodivergent person working in a business of a particular size. Based on those assumptions, we can arrive at conservative probability figures: In a business employing more than 10 people, there is a more than 50 percent chance that at least one person in that business is neurodivergent. In a smaller business with five people, this probability is 25 percent. In a larger business with 35 people, this probability increases to 90 percent. While rough, this calculation is intended to illustrate a key point: the probability that you already have a neurodivergent employee is much higher than you think. If your business is larger than a micro enterprise, there is no point waiting to cross the bridge – you likely already crossed it without even realising it. “We don’t have a budget for this.” If financial cost is significant constraint, there are numerous free or low/subsidised cost resources available to help: There are excellent not-for-profits/charities in Ireland that provide support, advice and resources on supporting adults with more common neurodivergences such as autism, ADHD, dyslexia and dyspraxia (DCD). Some organisations that were previously solely autism-focused have now broadened their remit to wider neurodiversity, such as Specialisterne Ireland. There are government-backed information and support programmes such as Employers for Change to assist employers in recruiting and retaining disabled employees. Specialisterne Ireland has recently collaborated with international organisations across the EU to roll out neurodiversity resources aimed at SMEs which are freely available to use. The Department of Social Protection will shortly roll out a revised scheme to replace the existing Reasonable Accommodation Fund and Disability Awareness Support Schemes. This revised scheme should hopefully make funding more easily available to subsidise costs of disability (including neurodiversity) awareness trainings for employers. Often, the most beneficial workplace adjustments for neurodivergent employees do not involve financial outlay. Instead, an understanding and willingness on the part of the employer to adopt a different way of working or communication to best suit that person’s cognitive style or sensory needs can be incredibly helpful. Any such adjustment depends entirely on what works for that individual and their needs but can include: flexible working arrangements; asynchronous communication to allow time to process information; being permitted to use noise cancelling headphones; taking movement breaks; being provided more prescriptive instructions to facilitate task breakdown; chunking work to minimise transitions, etc. But even where financial cost is involved for reasonable accommodations e.g. text-to-speech software, there are government supports available. “We don’t have the time for this.” Every business should embed diversity, equality and inclusion (DEI) initiatives, including neurodiversity, as part of its long-term strategy. This can involve reviewing the recruitment process, reviewing the physical environment for accessibility and updating policies and procedures. Smaller businesses can feel that a such an undertaking is beyond their capacity, however, and therefore avoid taking any steps at all. Inclusion is a continuing journey – there is no finish line. The key is to take one step and then another. Here are some small practical steps you can take today: Let your people know that neurodiversity is something you want the business to embrace. Invite them to provide feedback and help. Often, you will be surprised to find that people are more than willing to help, particularly where they or a family member is neurodivergent. Make your people aware. Online neurodiversity awareness trainings suitable for all employees generally range from 60 to 90 minutes in length. Train your leaders and managers. Typically, more in-depth neuro-inclusion training aimed at leadership and human resources range from two to three hours. It is important that neurodivergent employees have some way of making their voice heard, especially if they do not feel comfortable yet to share their neurodivergence. An anonymous survey to request feedback on neurodiversity in your workplace can be generated and circulated (via a third-party intermediary, if necessary, to ensure confidentiality and anonymity of feedback). Conclusion Neurodiversity is not just the domain of large businesses and multinationals – small businesses must readily embark on the neuro-inclusion journey if we are going to foster an inclusive workplace for all employees in Ireland. Mark Scully ACA is the founder of Braver Coaching and Consulting, an executive coaching and neurodiversity consultancy.

Jul 03, 2024
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Ethics
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The Ukraine crisis: Ethical considerations for accountants working overseas

As people across the world condemn the attack by Russia on Ukraine, they also want to show their support through donations and using their influence for humanitarian intervention. Professional accountants will find themselves in positions of influence with many stakeholders including clients, employers, employees, and local communities.  Níall Fitzgerald, Head of Ethics and Governance outlines some practical considerations for accountants and business leaders in this context:    Fundraising for humanitarian or other reliefs People and organisations are looking to help the millions of Ukrainians displaced by the invasion by donating directly or running fundraiser events. Be aware of fraud risk and recommend controls that ensure the safeguard of any monies raised and that they are used for the purpose for which they were raised. Ensure the necessary licences are obtained for any public fundraising activity. Be clear on the purpose for the funds and how they will be channelled to the beneficiaries. Ensure compliance with national charity law and check that charitable donations are only made to a properly registered charity in your jurisdiction. Social media Understandably, many people and corporates are sharing their views on Russia's  invasion of Ukraine via social media. The distinction between when a view is a personal view or that of the organisation where a person works is not always clear. If you are an officer of a company, e.g. a director, chief executive, or the public relations officer, and you are commenting on a matter related to your area of responsibility, then it is very difficult to separate your view from the corporate view. For this reason, many organisations will have clear corporate social media policies in place and that is the first reference point if in doubt. However, before reacting to a colleague's personal post, it is important to also consider their right to hold and express an opinion. There can be a cultural aspect to this within an organisation, especially where respect, tolerance, diversity and inclusion, and psychological safety are highly valued. The specific circumstances of the person expressing the view might also be taken into account, for example their emotional proximity to the issue.  Developing corporate positions Many organisations are using their influence for good by publicly denouncing the invasion of Ukraine, with some going further to withdraw from investments and business operations in Russia, and any dealings with Russian state-owned entities. These decisions are not always the most straightforward to implement. Legal and other expert advice should be sought to consider how an organisation can address contractual obligations, restructure, and relocate operations. Many Russian citizens are against the actions of the Russian Government, and Russian employees, contractors, etc., should receive fair treatment and not be discriminated against. Reporting progress and being transparent on these positions, including any setbacks, is very important as corporates will be held to account by stakeholders and members of the public to honour their commitments. Careful thought should be given before making any wide-sweeping statements. The global economy, with its complex interconnected markets, creates practical difficulties when seeking to divest of everything connected to Russia.   Whistleblowing and speaking up Clearly defined and well-communicated whistleblowing and speaking-up policies and procedures can increase an organisation’s awareness of any weaknesses in it’s internal controls and practices relating to sanctions, anti-money and anti-bribery and corruption compliance. Communicating to employees the organisation’s position in relation to this crisis and reminding them about whistleblowing and speaking-up policies and procedures, promotes a safe environment in which individuals feel comfortable to raise any concerns about the organisation’s actions, or inactions. Corporate reporting While the scale of the impact of this crisis on organisations will differ, it will dwarfed by the impact on millions of Ukrainians. Organisations have important social obligations and responsibilities to corporate stakeholders. Accountants should ensure transparency and accountability in corporate reporting by highlighting the impact of the crisis on the organisation’s operations, asset valuations and exposure to liabilities. Examples of the sources of this impact include: supply-chain disruption; the cost of ceasing operations in Russia or the conflict/invasion zones; rising commodity prices; inaccessibility of certain markets due to trade or travel restrictions; difficulty maintaining required levels of capital reserves; and loss of key customers. Accountants will have a central role in collecting, measuring, and reporting the necessary information and ensuring it is reported in accordance with legal and regulatory requirements and relevant reporting frameworks. They should also understand the limitations to their expertise and call for the involvement of experts where necessary. Directors and senior management will need to consider expert advice when making highly judgemental decisions on values and estimates and in determining the future implications for the organisation.    Boundaries between personal life and professional life Negative emotions, such as anger and fear, increase the risk of self-defeating behaviours. The developing situation in Ukraine will understandably evoke such emotions in many. In this context, it is useful to refer to guidance issued by the CCAB bodies, in July 2021, to help accountants consider and distinguish if their personal behaviour could be viewed as conduct that might discredit the profession. While the facts and circumstances of every situation will differ, the CCAB guidance provides some examples of such behaviours, including the use of seriously offensive or threatening language causing distress, or threatening behaviour, towards a client or a member of the public outside of the work environment.  This non-exhaustive list of considerations may need to be reconsidered as the crisis in Ukraine develops. In many situations, increasing ethical awareness or the ability to address an ethical dilemma requires reflection. Professional accountants may find it useful to refer to, or circulate to professional accountancy staff, the Chartered Accountants Ireland Ethics Quick Reference Guide available from our Ethics Resource Centre. This article was adapted for members overseas from an article written by Níall Fitzgerald on the Institute’s Ethics Resource Centre.

Jul 02, 2024
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Tax UK
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Tax policies of biggest local parties

Ahead of the UK’s general election on Thursday 4 July, we take a look at the tax policies of the two largest parties in Northern Ireland.  The DUP’s tax policies and promises  The Democratic Unionist Party (DUP) published its full manifesto last week. The party continues to argue that further work is needed on the Windsor Framework and “we will continue to argue the case for the full primacy of the United Kingdom internal market, and we will continue to reject the undermining of its integrity………..In October, as part of the NI Assembly vote on the current arrangements, we will not hesitate to vote against their continued application and, drawing upon the new mechanisms at our disposal, we will continue our quest through the inbuilt review.”  A lower rate of corporation tax for Northern Ireland also featured, something which the Institute has been campaigning on for many years. The Institute is currently developing a briefing paper on the benefits, challenges, and potential mitigations to any challenges of a lower rate of corporation tax for Northern Ireland which it plans to use as a mechanism to drive this issue forward.   The DUP’s analysis of a lower rate of corporation tax for Northern Ireland features on page 29 of their manifesto and reads as follows:  “Lowering the rate of corporation tax in Northern Ireland has been a longstanding DUP policy. This would boost Northern Ireland as an attractive investment opportunity, building on the strength, skill and ingenuity of our workforce. The minimum effective 15% rate in the Irish Republic places firms in Northern Ireland at a competitive disadvantage and we want to see this addressed. We continue to advocate for a reduction in corporate tax across the United Kingdom and DUP MPs opposed the increase in the main UK corporation tax rate from 19% to 25% in 2023.   The DUP believes there are a number of fundamental issues that require resolution with the Treasury before the powers to vary corporation tax rates - which are already provided for in law - can be enacted. We are clear that progress must be based on solid foundations. That means ensuring a process of implementation that protects spending on public services in the short to medium-term.”  DUP MPs will also campaign to:   Oppose the freeze on the personal tax allowance and higher rate income tax threshold  Seek further reductions in national insurance  Support an increase in the starting age for employee national insurance  Encourage the government to explore the merits of moving to single tax on all income, replacing income tax and national insurance  Freeze vehicle excise duty  Abolish VAT on domestic electricity bills  Maintain the freeze on fuel duty  Oppose any increase in insurance premium tax   Increase the tax-free childcare allowance from 20 percent to 35 percent  Remove the cap on tax free childcare above £2,000  Scrap VAT on school uniforms  Support the triple lock on state pensions   Support the personal allowance for pensioners always being above the amount of the state pension  Increase the VAT registration threshold for SMEs to £100,000 and then uprate it in line with inflation  Drive up the number of SMEs benefiting from tax reliefs  Ensure the national insurance liability for small businesses is fair: the Employment Allowance should be uprated in line with increases to the national living wage  Promote greater awareness of capital allowances and R&D tax reliefs among local businesses  Explore the potential introduction of an online sales tax targeting online corporates and marketplaces  Support robust efforts to crack down on global tax evading corporations  Aim for the VAT system to be better utilised to incentivise investments that promote improved productivity through low-carbon and green technologies  Continue to campaign for a reduction in VAT for hospitality across the UK, and   Expand UK research & development tax relief for small and medium sized enterprises to include capital expenditure.  In its 2022 Assembly Election manifesto, the DUP also argued that the necessary capacity did not exist for Northern Ireland to devolve additional fiscal powers. That remains its position at this time.   Sinn Fein’s tax policies  Sinn Fein published its full manifesto in mid-June, a 10 page document which did not contain any detail on tax pledges. However publicly, the party has taken a slightly different position to the DUP on the devolution of more fiscal powers arguing that although there are "important considerations" about the political and administrative capacity for Stormont to take on new responsibilities, the experiences of Scotland and Wales demonstrate that this capacity can be developed over time which "it is not a reason in itself to not consider devolution". 

Jul 01, 2024
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Tax UK
(?)

Mind the 2022/23 tax gap

The latest Tax Gap publications for 2022/23 were published last month by HMRC and set out how the tax gap has increased by £1.7 billion to £39.8 billion in absolute terms. In percentage terms the tax gap is 4.8 percent (5.2 percent 2021/22) of the £823.8 billion total theoretical tax liabilities for 2022/23. The tax gap is the difference between what HMRC expects the total tax take for 2022/23 to be, and the actual tax received. According to the statistics in the publications which are linked below, small businesses accounted for nearly two thirds of unpaid tax.   The largest components of the tax gap by tax type are the Corporation Tax gap and the Income Tax, National Insurance Contributions and Capital Gains Tax gap, both at a 34 percent share, followed by the VAT gap with a 20 percent share. As in previous years, the tax gap from small businesses is the largest component of the tax gap by taxpayer group which was a 60 percent share in 2022/23.   There was also strong year-on-year growth in HMRC’s tax receipts in these two years, most likely due to fiscal drag. You can read the published receipts figures on GOV.UK.  The 2022/23 Tax Gap publications are as follows:  Measuring tax gaps tables  Quality report: Measuring tax gaps, and  Measuring tax gaps 2024 edition: tax gap estimates for 2022 to 2023.   

Jul 01, 2024
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Tax UK
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Final reminder: 2023/24 expenses, benefits, employment related securities and PAYE settlement agreement deadlines  

Do you complete expenses and benefits returns? Or do you complete online filing for employment related securities? If so, you have a key role to play in ensuring returns are submitted by the 2023/24 filing deadline of 6 July 2024 and payments are made on time. The 2023/24 deadline to apply for a PAYE settlement agreement (PSA) is 5 July 2024, with payments due by 22 October 2024 (19 October 2024 if not paying electronically).  By way of reminder, from 6 April 2023, forms P11D and P11D(b) can only be submitted online by employers (except for the digitally excluded). Also, since 6 April 2023, an online service is available for employers and their agents to apply for a PSA.   It should also be noted that where Enterprise Management Incentive (EMI) options are granted on or after 6 April 2024, although the statutory reporting deadline is 6 July following the end of the tax year, some plan rules require the employer to notify HMRC within 92 days of grant. If this is the case, failure to report within the deadline can lead to the option lapsing or becoming non-tax advantaged. We recommend that employers check any EMI plans urgently to ensure this deadline is not missed.     Here’s a reminder of the key deadlines:  6 July 2024 - deadline for submitting all 2023/24 P11D(b) and P11D forms, and the employee must receive their copy of the P11D  6 July 2024 – deadline for online reporting of the 2023/24 annual return in respect of employment related securities  19 July 2024 - deadline for non-electronic payment of Class 1A National Insurance Contributions (NIC) for 2023/24, and   22 July 2024 - deadline for electronic payment of Class 1A NIC for 2023/24.   Looking ahead to the future, we also remind you that from April 2026, the reporting and payment of income tax and Class 1A National Insurance Contributions on benefits in kind must be done via payroll software.  

Jul 01, 2024
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Tax UK
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EU exit corner, 1 July 2024

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 and HMRC is warning about issues with license data flows between the Customs Declarations Service (“CDS”) and the Department for Business and Trade's (DBT) electronic licensing systems.   CDS licensing issues  HMRC has become aware of issues with licence data flows between the CDS and the DBT’s electronic licensing systems (also known as SPIRE/LITE). According to HMRC, these are temporary issues which happen if a CDS export declaration contains errors that impact the licence. If this occurs, the declaration cannot progress to cleared. HMRC has published guidance for declarants on how to deal with the issue and is currently working on a resolution with the DBT. An update will be provided in due course.  Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:  Authorised Consignee Temporary Storage (ACTS) location codes for Data Element 5/23 of the Customs Declaration Service  Known error workarounds for the Customs Declaration Service (CDS)  Claim repayment or remission of charges on rejected imports  How to claim a repayment of import duty and VAT if you've overpaid  Transit newsletters — HMRC updates  Internal temporary storage facilities (ITSFs) codes for Data Element 5/23 of the Customs Declaration Service  Data Element 2/3: Documents and Other Reference Codes (Union) of the Customs Declaration Service, and  Apply for release of a private vessel on payment of Customs Duty and VAT.   

Jul 01, 2024
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Professional Standards
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Revised CPD Regulations

The Institute has issued revised CPD Regulations with effect from 1 July 2024.  The minor changes to the CPD Regulations facilitate a planned simplification of the Institute's Individual Annual Return process for members. To access these regulations, please click on the link provided.

Jun 28, 2024
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Guidance from the CRO on filing B10 Forms

The Companies Registration Office have recently issued a guidance note in relation to The Do’s & Don’ts when filing B10 forms. The guidance note highlights some of the common issues that occur with filing B10 forms and assist presenters to avoid making mistakes when filing B10 forms. This is a very useful document and following the guidance should assist in ensuring that B10s are not rejected. Please note that the guide is not legal advice and should not be taken as such. If you have any further queries, please email the relevant CRO section at: companyofficers@cro.ie

Jun 28, 2024
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Company Law
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When contracts go wrong - remedies, termination and heads of loss

On 19 June, continuing with the Legal Series with A&L Goodbody, the Ulster Society hosted a webinar on 'When contracts go wrong - remedies, termination and heads of loss'. James Flanagan, Partner in A&L Goodbody’s Litigation team presented on when contracts go wrong, including managing disputes, how to prepare for termination and what constitutes loss, such as indirect or consequential loss. When Contracts Go Wrong - June 2024 slidedeck

Jun 26, 2024
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News
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New US reporting law impacts Irish firms

Sean Nolan and Joe Struble outline how the introduction of the new Corporate Transparency Act will impact Irish companies operating in the US Irish companies with business ties to the United States are now subject to new regulatory requirements under the US Corporate Transparency Act (CTA) 2021, which took effect on 1 January this year. This new legislation imposes stringent reporting obligations on both US and foreign companies, including those from Ireland, as part of a broader effort to combat financial crimes such as money laundering and terrorist financing. The legislation, while US-based, has significant implications for Irish businesses due to the global nature of modern commerce and close economic ties between Ireland and the US. The CTA also applies to individuals who own investment properties in the US through investment companies. What is required? The CTA mandates that all companies, including foreign entities registered to do business in the US, file a beneficial ownership information report with the Financial Crimes Enforcement Network's (FinCEN) new Beneficial Ownership Secure System (BOSS). This system is designed to increase transparency by disclosing the identities of the beneficial owners of companies, thereby reducing the potential for illicit activities facilitated through corporate anonymity. We are seeing a surge in requests for compliance assistance from Irish businesses uncertain about their obligations under the new US law. This emphasises the importance of compliance given the severe penalties for non-compliance, which include a daily default penalty of US$500 and potential imprisonment. Compliance burden The legislation reflects a strong commitment by law enforcement agencies in both Ireland and the US to tackle financial crime. It also introduces a significant compliance burden for legitimate businesses, however, which must now ensure they are fully prepared to meet these new requirements. For entities formed in 2024, the deadline to file their BOI reports is within 90 days of formation. Entities formed before 2024 have until 1 January 2025 to file. The required information includes detailed personal data about the beneficial owners, such as names, addresses, dates of birth and identifying numbers from documents like passport or driver’s licence. The BOSS database will be accessible to various US agencies, including those involved in national security, intelligence and law enforcement, as well as to state and local and enforcement agencies with court authorisation. This broad access aims to enhance the US government's capabilities in preventing, detecting and prosecuting international crime and terrorism. CTA filing requirements For Irish-owned companies operating in the US, analysing the CTA filing requirements and preparing an initial filing for a foreign-owned company can be complex. This is because of the limited availability of exemptions and the challenges in documenting beneficial ownership. The new Corporate Transparency Act aligns with several aspects of the European Union’s directives aimed at preventing money laundering and terrorist financing, which have been part of Irish law since 2016. The Act represents a significant shift towards greater corporate transparency and could set a precedent for future legislation in other jurisdictions, impacting global business operations. The implications of non-compliance could extend beyond financial penalties, potentially complicating future business dealings in the US due to criminal records against company owners or principal shareholders. Sean Nolan is a partner with Clark Hill in Dublin and Joe Struble is a corporate attorney with Clark Hill in San Antonio in the US

Jun 25, 2024
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News
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Thought leadership: an essential tool in professional services marketing

Thought leadership can be highly effective in professional services marketing, especially for accountancy firms. By showcasing expertise, firms can enhance their reputation and attract clients. Mary Cloonan explains how In today's competitive business-to-business landscape, thought leadership has emerged as a vital marketing strategy, especially for the accountancy profession. By establishing themselves as industry experts, firms can differentiate their services, build trust and attract high-value clients. Outlined below are seven steps you can take to enhance your firm’s marketing offering through the medium of thought leadership. Establish authority: thought leadership positions firms as knowledgeable leaders in their field. By consistently sharing insights, research and expert opinions, they demonstrate their expertise and reliability. Enhance brand visibility: regular publication of thought-provoking content can help firms stay top-of-mind among potential clients and industry peers. This increased visibility can lead to greater brand recognition and credibility. Build trust and relationships: clients are more likely to trust and engage with firms that provide valuable, insightful content. Thought leadership can foster long-term relationships by demonstrating a deep understanding of industry challenges and solutions. Drive business growth: thought leadership content can generate leads by attracting professionals seeking expert advice. It helps in converting prospects into clients by showcasing the firm's ability to solve complex problems. Validate and engage: content published by thought leaders acts as a validation point, which can reinforce your firm's expertise. This content can be shared on social media and forwarded to clients and prospects, further extending its reach and impact. Differentiation: in a crowded market, thought leadership sets firms apart. By sharing unique perspectives and innovative solutions, firms can differentiate themselves from competitors. Continuing Professional Development (CPD): Hosting, or offering to participate in, CPD events and workshops can help to educate clients on industry trends and also demonstrate the firm's expertise, fostering a culture of continuous learning and professional growth. How to implement thought leadership content To implement your thought leadership content, consider the following: Content creation: publish whitepapers, blogs and research reports regularly and bear in mind that this can be more effective if the research is industry-specific. Speaking engagements: participate in industry conferences and webinars. Social media: leverage platforms like LinkedIn to share insights and engage with your audience. Client education: host CPD events to educate clients on industry trends. The power of thought leadership For accountancy and advisory firms, thought leadership can be more than just a marketing tactic. It can offer a strategic approach to building authority, fostering trust and driving growth. By consistently demonstrating expertise and providing value, firms can create lasting client relationships and achieve sustainable success. Moreover, leveraging published content as validation on social media and for client communications amplifies its effectiveness with a view to building credibility with prospective clients. Mary Cloonan is the founder of Marketing Clever.

Jun 25, 2024
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News
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Workplace conflict: incidence, impact and resolution

Organisational practices and culture often drive workplace conflicts. Ian Brinkley examines the impact of conflict and how it can be resolved and prevented in the future The modern workplace is often a place of harmonious or at least tolerable relationships, but sometimes things go wrong. Ranging from one-off tiffs to more serious and systematic incidents, conflict can occur even in the best run workplace. In early 2024, the Chartered Institute for Personnel Development (CIPD) conducted a large-scale workplace survey in the UK focused on the incidence, impact and resolution of conflict. What is conflict? According to the survey, conflict included feeling humiliated or undermined at work, being shouted at or in a heated argument, verbal abuse, unfair allegations, sexual and physical harassment, intimidation and assault and discrimination for a protected characteristic such as race, gender, disability or age. (The survey question did not mention religion.) About 25 percent of the UK workforce reported at least one form of conflict in the preceding 12 months. The most common conflicts involved being humiliated or undermined at work, being shouted at, followed by verbal abuse and discrimination linked to a protected characteristic. The most serious incidents, such as sexual and physical assault were thankfully rare. Most attention focuses on formal processes such as industrial tribunals, grievances and mediation as a means to resolve disputes. However, in practice, very few reported conflicts ever make it to this stage – just one percent ended up in employment tribunals, for example. The most common reactions are informal. About half of those who reported conflict reported that they let it go. Involving managers and HR was the second most common way of resolving conflict. Unresolved conflict About two-thirds of conflicts are either fully or partially resolved. However, one-third are not resolved at all. Unresolved conflicts may not be escalated because they are not serious enough, especially “one-offs”, or because people fear the repercussions if they do. The survey does not tell us directly which is more likely, though evidence on the impact of the conflict suggests the former is more common. Most people who reported conflict also said they had good working relations with managers and colleagues. However, they were more negative when it came to specific actions – for example, whether they were always treated fairly. We think this apparent contradiction is down to people making a distinction between working relations in general and specific incidents. Conflict also had relatively little impact on voluntary effort. Those who reported conflict were almost as likely to say they were willing to work harder than they needed to in order to help their organisation and just as likely to say they would help colleagues under pressure or make innovative suggestions. However, we do find a clear negative association between conflict and a range of other indicators of the quality of work. For example, those who report conflict are much more likely to say work had adversely affected their mental health and that they experienced excessive workloads and work pressures most or all of the time. We cannot tell from the survey whether the conflict was the cause of these negative impacts or whether workplaces, where work quality was already poor, are more likely to suffer conflict. Both are likely to be true. A decrease in workplace conflict The survey asked about conflict in 2019 and since then there has been a significant decrease from 30 to 25 percent of the workforce. There are, however, two important caveats. First, the improvement was largely confined to older white males in permanent, higher-skill white-collar jobs without disabilities. There was little or no improvement for the young; those in temporary or zero-hours jobs and short-hour contracts or those with disabilities, ethnic minorities and women. Non-heterosexual workers also saw less conflict over this period, but it still remains at a high level. In 2024, the latter groups reported significantly higher levels of conflict than the former, and since 2019 that gap has widened. Second, the fall in conflict has also been greatest for those groups that saw the biggest rise in home-working. Those who work at home are less likely to report conflicts such as being shouted at or subject to verbal abuse. Reducing workplace conflict No strategy to improve the quality of work can fully succeed unless the incidence of conflict is reduced, especially among the “left behind” groups. Improving the relative bargaining power of those who are more likely to report conflict may help. Legislative change focusing on formal dispute resolution may be justified but is unlikely to make much difference to the overall incidence of workplace conflict. The biggest impact is going to be from organisational practice. Improving work quality in workplaces with below-average work quality is an obvious priority, but even well-run organisations can suffer conflict. In both cases, mitigating some of the underlying causes of conflict, such as excessive workload combined with helping line managers manage conflict better in the future, will be required if progress is to be made over the next five years. Ian Brinkley is a labour market economist

Jun 25, 2024
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Company Law
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Increased size limits for Irish companies signed into law

The Department of Enterprise Trade and Employment has announced that 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 come into operation on the 1 July 2024. The purpose of the Regulations 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.  The Regulations, which transpose delegated Directive 2023/2775/EU, amend the Companies Act 2014 increasing company size thresholds as set out below. These size thresholds are contained in sections 280A to 280I of the Companies Act 2014, with company size being typically determined based on the company meeting two out of the three size criteria (with other relevant factors also applying). The increased size criteria are as follows; micro company –a balance sheet total of not greater than €450,000, a net turnover of not greater than €900,000 and no more than 10 average employees. small company – a balance sheet total of not greater than €7.5 million, a net turnover of not greater than €15 million and no more than 50 average employees. medium sized company – a balance sheet total of not greater than €25 million, a net turnover of not greater than €50 million and no more than 250 average employees. large company –continues to be defined as a company that does not qualify as micro, small or medium (ie. balance sheet total of greater than €25 million, net turnover of greater than €50 million and more than 250 average employees). Group size thresholds have also increased as set out below; small group- group balance sheet total of no greater than €7.5 million net (or €9 million gross), group turnover no greater than €15 million net (or €18 million gross) and no more than 50 average employees of the group. medium group- group balance sheet total of no greater than €25 million net (or €30 million gross), group turnover no greater than €50 million net (or €60 million gross) and no more than 250 average employees of the group. The measures apply for financial years beginning on or after 1 January 2024, enabling companies to benefit from the adjusted thresholds immediately.  Companies may elect to apply the measures on or after 1 January 2023. Please see the DETE announcement. Chartered Accountants Ireland are delighted to see this regulation signed into law, giving clarity to companies on size thresholds, and their reporting requirements.      

Jun 24, 2024
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Tax
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Local property tax direct debit guidelines

Revenue has updated the Tax and Duty Manual which outlines procedures to make an application to pay Local Property Tax (LPT) by SEPA monthly direct debit. Paragraph 4 of the manual has been revised to include Andorra and the Vatican City in the list of countries in the SEPA area, and the screenshots to demonstrate online procedures in appendix 7 have been refreshed.

Jun 24, 2024
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Tax
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Associated companies relief clarification

Revenue has updated the Stamp Duty Manual which provides guidance on the exemption from stamp duty on conveyances and transfers of property between associated companies. The exemption is provided under section 79 SDCA 1999 and is generally referred to as “associated companies relief”. The manual has been updated to clarify the treatment that may apply where the transferred property comprises shares in a company that is liquidated or dissolved within a two-year period following the transfer, resulting in the extinguishment of those shares (section 5.3.1).

Jun 24, 2024
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