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Tax UK
(?)

2023/24 expenses and benefits/employment related securities 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. 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 PAYE Settlement Agreement (“PSA”). The 2023/24 deadline to apply for a PAYE settlement agreement is 5 July 2024, with payments due by 22 October 2024 (19 October 2024 if not paying electronically).  HMRC is running a webinar later this week on 27 June on how to use the PAYE online service to submit forms P11D and P11D(b). The webinar will provide an overview of these forms, examine the benefits of submitting them online, and consider payrolling of expenses and benefits. However, it will not cover how to calculate the value of benefits. You can book onto the webinar here.  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 next month:  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. 

Jun 24, 2024
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Tax UK
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Further update on HMRC services

Our last update on HMRC services covered the announcement by the Financial Secretary to the Treasury before the dissolution of Parliament of an additional £51 million in funding for HMRC to help deal with the pressures on its phonelines and address declining service levels. Earlier this month, the Institute attended a bespoke meeting with HMRC during which HMRC advised that it is working to source additional resources using this £51 million.   This will take some time and we therefore remind you that HMRC previously advised that even if additional funding was received, quarters one and two of 2024/25 are likely to see a further decline in services. HMRC’s longer term strategy is still to move most taxpayers to digital services.   At the above bespoke meeting, the Institute and the other Professional Bodies discussed and highlighted a number of pain points in the UK tax system and in particular pointed out the lack of agent service for areas such as changes to tax codes.   The Institute will continue to monitor this issue and engage with HMRC and the new Government as it considers the way forward. We welcome your feedback at any time on HMRC services by email.  

Jun 24, 2024
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Tax UK
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This week’s miscellaneous updates – 24 June 2024

Ahead of next month’s election, the Institute for Fiscal Studies recently published an article on reform of Inheritance Tax and an assessment of the previous government’s record on tax between 2010 and 2024. HMRC is currently conducting taxpayer education research and its latest schedule of live and recorded webinars for tax agents is available for booking. Spaces are limited, so take a look now and save your place. And finally, Belarus has unilaterally suspended its Double Tax Agreement with the UK, although the UK considers it to still be in force.  Institute for Fiscal Studies publications  The Institute for Fiscal Studies (“IFS”) has published an article on options to make inheritance tax (“IHT”) fairer which it says would also raise more revenue. In the article, the IFS notes that despite the highest rate being 40 percent, the availability of reliefs and exemptions means that the effective rate of IHT peaks at 25 percent for estates worth between £3 million and £7.5 million and declines to just 17 percent on estates worth £10 million or more.   The article also considers the potential impact of removing the special treatment of AIM shares, imposing a cap on agricultural and business property relief, and ending the tax-free passing-on of pension pots.  The IFS has also published an assessment of the government’s record on tax between 2010 and 2024. Not surprisingly, it notes that a common theme has been a move towards greater complexity. Since 2010, more than a dozen new taxes have been introduced and many existing taxes have been made more complicated. The IFS notes that, taken together, the changes have ‘made the tax system harder to understand and harder for taxpayers to navigate’.   HMRC taxpayer education research  HMRC has recently updated its guidance on genuine HMRC contact to flag that it is currently conducting a new research initiative. As a result, taxpayers may be contacted by HMRC or by People for Research with an invitation for them to take voluntarily participate in a focus group to understand how HMRC can improve education for taxpayers.   Belarus unilaterally suspends Double Taxation Agreement with the UK  Last month, HMRC confirmed in an update on GOV.UK that Belarus Council of Ministers has unilaterally suspended provisions of many of its Double Tax Agreements, including the 2017 UK-Belarus Double Taxation Convention. 27 countries have been impacted with provisions affected from 1 June 2024.   The Council Resolution has suspended provisions relating to dividends, interest, and capital gains. The same Resolution also introduces discriminatory taxes on dividends and other income in respect of businesses located in one of the 27 countries with effect from 1 April 2024. This means that Belarus is not honouring agreed limits on what it may tax at source and has placed other restrictions on the conduct of business by non-Belarusians in Belarus.  The UK-Belarus Convention does not permit this unilateral action. The UK Government views this action with utmost seriousness and has asked Belarus to reverse its action. It considers the treaty to remain in force and is continuing to comply with its terms. Next steps are being considered and more information will be provided in due course. 

Jun 24, 2024
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Brexit
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EU exit corner, 24 June 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 and Cabinet Officer Borders bulletins are also available. The Windsor Framework Democratic Scrutiny Committee has published another report, this time on Regulation (EU) 2024/1252 which aims to establish a framework for ensuring a secure and sustainable supply of critical raw materials.  Windsor Framework Democratic Scrutiny Committee report  The most recent Brexit and Beyond Bulletin from the NI Assembly’s EU Affairs team features the Windsor Framework Democratic Scrutiny Committee's report on Regulation (EU) 2024/1252 that aims to establish a framework for ensuring a secure and sustainable supply of critical raw materials.  According to the Committee, most of the regulation does not fall within the scope of the Windsor Framework, although some articles of it do make technical amendments to a number of EU Regulations that do apply under it.   However, the Committee concluded that having considered its commissioned legal advice, the replacement EU act does not significantly differ, in whole or in part, from the content or scope of the regulations which it amends.  Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:  Submit a claim using the second-hand motor vehicle payment scheme if you do not have a UK business establishment;  Reference Document for The Customs (Northern Ireland: Repayment and Remission) (EU Exit) (Amendment) Regulations 2023;  Check if you can pay less duty if your goods are imported into authorised use;  Data Element 2/3: Documents and Other Reference Codes (Union) of the Customs ;Declaration Service;  Software developers providing entry summary declaration support;  Search the register of customs agents and fast parcel operators;  CDS Declaration Completion Instructions for Exports;  List of customs training providers;  Attending an inland border facility; and  External temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service. 

Jun 24, 2024
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Tax UK
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Recent VAT publications and guidance updates, June 2024

We have compiled the latest updates to various HMRC VAT publications, briefs, and guidance. Pay the VAT due on your One Stop Shop VAT Return;  Updates on VAT appeals;  Help with VAT apportionment of consideration — GfC2 Guidelines for Compliance;  Food products (VAT Notice 701/14);  VAT on movements of goods between Northern Ireland and the EU;  VAT Assessments and Error Correction;  Revenue and Customs Brief 7 (2024): VAT Treatment of Voluntary Carbon Credits;  VAT Assessments and Error Correction;  Appoint a tax representative if you are a non-established taxable person registering for VAT in the UK;  Cancelling your VAT registration (VAT Notice 700/11);  Group and divisional registration (VAT Notice 700/2);  Draft regulations: amendments to the VAT (Refund of Tax to Museums and Galleries) Order 2001;  VAT Flat Rate Scheme;  VAT Registration;  Forms for claiming a VAT refund if your business is registered in a country outside the UK;  Get your postponed import VAT statement; and  VAT Assessments and Error Correction. 

Jun 24, 2024
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News
(?)

What you should know about the Charity VAT Compensation Scheme

Charities can reclaim a portion of their VAT costs based on non-public funding ahead of the 30 June deadline. Liam Farrell explains how to do it Charities are entitled to claim a refund of a proportion of their VAT costs based on the level of non-public funding they receive, but the deadline to submit the application – 30 June – is fast approaching. Making a claim Where the total amount of eligible claims from all charities in each year exceeds the capped amount, claims will be paid on a pro-rata basis. The cap on this has increased to €10 million from 1 January 2024. To qualify for this scheme, a charity must, at the date of claim and at the time the qualifying expenditure was incurred: be registered with Revenue and hold a charitable tax exemption (CHY) under section 207 Taxes Consolidation Act (TCA) 1997; and be registered with the Charities Regulatory Authority (CRA). For a charity to submit a claim, they must have: a tax registration number issued by Revenue; bank account details; and a registered Charity Number (issued by the Charities Regulatory Authority). A claimant must also hold a current tax clearance certificate when making a claim. Claims for VAT compensation must be submitted through e-Repayments on Revenue’s Online System (ROS). These claims, along with any supporting documentation, must adhere to the required format and meet the deadlines specified by Revenue. Claims can be submitted annually between 1 January and 30 June for eligible VAT paid in the previous calendar year. Claimants may amend their claims until 30 June of the submission year, but not thereafter. The maximum claim amount is €1,000,000, the minimum claim amount is €500, and the minimum repayment is €5. Additionally, claimants must declare and certify that all information provided is correct. To support a claim, detailed documentation is required, including a breakdown of total income, qualifying income and qualifying expenditure. VAT records, such as invoices and receipts, must be retained by charities for six years. There must be evidence that the goods and services claimed were used for charitable purposes, that the VAT was paid in the relevant year, and that the income used for calculations was received in that year. The most recent set of audited accounts, corresponding to the financial year of the claim or the claim submission year, is also necessary. Furthermore, claimants must provide evidence that the charity was not entitled to a VAT deduction or refund under other legislation and must show compliance with the VAT Consolidation Act 2010, the Taxes Consolidation Act 1997, the Stamp Duties Consolidation Act 1999, and related secondary legislation. Qualifying income The proportion of a charity’s income that is privately funded is known as ‘qualifying income’. This excludes publicly funded income and income already excluded from the total income calculation. To calculate qualifying income, a charity should deduct from its total income for the year to which the claim relates all non-qualifying income. Some examples of non-qualifying income are Charitable Donations Scheme repayments, Charities VAT Compensation Schemes refunds, county council grants and charity shop income, among others. Qualifying expenditure Expenditure in respect of which a VAT refund may be sought under this scheme is described as “qualifying expenditure”. Conditions apply to the calculation of qualifying expenditure are as follows: compensation may be sought in respect of VAT which was paid in the State on certain expenditures and in the year to which the claim relates; that expenditure must have been for goods or services used by the charity only for its charitable purpose; and if a charity is entitled to receive any relief, refund, repayment or deductibility under any other scheme or legislation administered by Revenue, it may not include that amount in the calculation of a claim. What next? Applications under the scheme should be submitted by 30 June 2024 in respect of calendar year 2023. It is important to note that claims submitted after the 30 June deadline will not be accepted under any circumstances. Liam Farrell is Director of Accounts & Business Advisory Services at Azets

Jun 21, 2024
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News
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Getting DORA ready

As entities prepare for the introduction of the Digital Operational Resilience Act, IT security and compliance will be front of mind for many, writes Jackie Hennessy With the Digital Operational Resilience Act (DORA) on the way, entities must move from preparation to implementation and take steps towards demonstrating how their practices comply. Financial entities will need to demonstrate appropriate security and resilience of critical information and communication technology (ICT) systems and applications to comply with DORA. The level of compliance efforts will vary depending on the size and complexity of your entity. A risk-based approach, appropriate security and resilience testing are necessary to address potential vulnerabilities and to prove compliance in meeting the evidence requirements of the European Supervisory Authorities. By focusing on long-term resilience, entities can establish a resilient foundation, which will aid them in their steps towards DORA compliance. Resilience means learning from the past, to improve the present, and to prepare for the future.  To make entities ready for DORA, there are five key actions to assist those in the preparation phase. These actions will enable entities to effectively manage their digital operational resilience. 1. Determine strategic priorities To enhance business practices, organisations must aim to achieve a transformation towards a resilient end-to-end IT and operations environment. To ensure strong risk management, a focus should be placed on achieving a broad agile transformation that takes into account risks associated with ICT suppliers and continuity measures. Additionally, it is necessary to aim to increase your organisation's agility in serving digital channels by implementing strong business continuity management (BCM) measures. 2. Implement resilience and incident management measures To ensure effective implementation of your DORA program, it is crucial to ensure leadership support, as well as translation of strategic and regulatory requirements into operational measures. It is essential to enable control owners and line management to manage compliance requirements in a risk-based way, including the automation of controls related to digital resilience, to manage the complexity of (compliance) requirements effectively. Think big and start small – for example, by organising a workshop with relevant middle-management players to align and agree on the implementation strategy of your DORA program. 3. Manage third-party risks To ensure effective management of ICT risk related to third-party providers, it is essential to conduct complete monitoring of all ICT-related third-party risks throughout all relationship phases. This involves the classification and analysis of providers and their management bodies, record-keeping of relevant information, managing proportionality, managing compliance and creating a third-party risk assessment process risk strategy. By undertaking these steps, comprehensive management of ICT risk in relation to third-party providers can be ensured. 4. Test digital operational resilience To ensure operational resilience, it is crucial to test critical functions more frequently than non-critical, at least once per year. The program for testing digital operational resilience must be based on relevant threat scenarios. Best practice is to implement an appropriate test set-up for each threat, to test the resilience effectively. Moreover, every three years, entities are required to perform threat-lead penetration testing that simulates a realistic and advanced cyber-attack. This simulation helps organisations to prepare and train for real cyber-attacks. 5. Implement measures for resilience and ICT incidents To establish strong operational resilience measures and incident management, it is essential to accomplish resilience testing from a wider perspective, which – beyond technical security testing – includes regular crisis simulations. It is important to improve business continuity plans and ICT crisis scenarios to ensure that uncontrolled disruptions are avoided due to slow and ineffective incident management. Moreover, accomplishing mature threat intelligence and assessing top continuity risk scenarios is crucial to enhancing resilience and preparedness in critical situations. By understanding these measures, strong operational resilience can be established, ensuring smooth and uninterrupted operations. Jackie Hennessy is a Partner at KPMG 

Jun 21, 2024
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News
(?)

Four steps to avoid fraud in your organisation

Scammers are targeting victims with new tactics, causing financial loss and mental distress. Ola Opoosun explains how organisations can protect themselves with the SCAM checklist From convincing phone calls and text messages requesting financial information to elaborate online scams, scammers are always looking for new ways to catch people off guard.   In 2023 alone, UK Finance reported that scammers stole £1.17 billion through unauthorised and authorised fraud. In fact, scammers target those who they perceive as more vulnerable, including the elderly, with data showing that an older person falls victim to fraud every 40 seconds.   While the financial impact of scams can be costly, they can also leave people feeling embarrassed and unsettled and can have a lasting impact on our confidence, especially in a workplace situation.  Three in ten (29%) say that being a victim of fraud has harmed their mental health, leading them to seek help with anxiety and depression.   How can organisations stay alert to scams and prevent them from happening to themselves and their clients? The golden rule of avoiding scams is to be vigilant.   Knowing what to look out for and feeling confident enough to check or challenge what you're being asked to do, especially where something doesn't feel quite right, is very important.    If you ever find yourself in a situation where you’re unsure what to do, our handy acronym “SCAM” can help you put together a quick checklist to help you work out if a request for financial and personal information is genuine or not.  S – Sender  If you receive a message out of the blue, ask yourself: is it a complicated email address, or one that's familiar yet not quite right? An unknown phone number?  Don’t assume that an email address, postal address, website or phone number is always authentic.   Always stop and check the sender’s address or number to make sure it’s legit. C – Chasing  If you get a call out from someone requesting sensitive or urgent information relating to their account, it could be a scam. Time pressure can be an obvious red flag as scammers might use tactics to convince you to make a hasty decision without thinking things through. However, a trusted organisation would never rush you into make an important decision such as transferring money or sharing credit card numbers.   Remember to stop and take the time to think through your decision and question if it seems like suspicious activity.   A – Action  An online, phone or email scammer will likely try one of a number of ways to get you to send money or personal information but it’s important to remember that a genuine organisation would never ask you for security details, especially out of the blue.   M – Mistakes  Scammers impersonate trusted companies, organisations and even people. If you receive an email or text with spelling errors or strange wording, these are tell-tale signs that can be a big giveaway that it’s a scam.  Scammers are hoping that people will overlook typos. You should carry out an online search of the number or email address to see if it's legitimate before replying to the message.   Falling victim to a scam  It’s important to remember that anyone can fall victim to a scam. Falling victim to a scam is nothing to be embarrassed about.   If you’re worried that you have been scammed online or through another method, your organisation’s financial security has been compromised, or you spot any fraudulent activity on accounts, involve your leadership team as soon as possible so they can contact the proper authorities and minimise risk to the company. With scams becoming increasingly sophisticated, it’s important to be more vigilant and feel confident to check or challenge what you're being asked to do.   Trust your instincts and remember “SCAM” to protect yourself and your organisation.   Ola Opoosun is Head of Support Services at caba

Jun 21, 2024
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Technical Roundup 21 June

Welcome to the latest edition of Technical Roundup. In developments since the last edition, the International Accounting Standards Board (IASB) has issued amendments to IFRS 9 Financial Instruments which seek to address diversity in accounting practice by making the requirements more understandable and consistent.  Accountancy Europe has issued a series of publications summarising the ESRS’ provisions and their views on ESRS aspects that merit further guidance and clarification. Read more on these and other developments that may be of interest to members below. Financial Reporting The IFRS Foundation’s hybrid annual conference will be held in London on 24–25 June 2024.  Delegates will hear from a range of experts in financial reporting, accounting and sustainability. The International Accounting Standards Board (IASB) has issued amendments to IFRS 9 Financial Instruments which seek to address diversity in accounting practice by making the requirements more understandable and consistent. The UK Endorsement Board has issued its draft comment letter in response to the IASB’s Exposure Draft on Business Combinations – Disclosures, Goodwill and Impairment. Comments from stakeholders are welcome until 1 July 2024. The UK Endorsement Board has also issued its draft comment letter in response to the IASB’s Exposure Draft on Contracts for Renewable Electricity. Comments are welcome until 19 July 2024. The IASB has issued a call for papers for the 2025 IASB Research Forum. The deadline for submissions is 31 March 2025. The European Financial Reporting Advisory Group (EFRAG) has issued its draft comment letter in response to the IASB’s Exposure Draft on Contracts for Renewable Electricity. Comments are welcome until 15 July 2024. The IASB has agreed to finalise revisions to IFRS Practice Statement 1 Management Commentary by making targeted refinements to its proposals set out in the Exposure Draft Management Commentary. The IASB expect to issue the revised statement in the first half of 2025. IFRIC (the IFRS Interpretations Committee) has issued its June 2024 update, which summarises the decisions reached at its recent public meeting. Auditing and Assurance Following public consultation to obtain stakeholders’ views earlier this year IAASA has published its Feedback Paper on its Consultation on the Adoption of a Sustainability Assurance Standard in Ireland.  IAASA intends to adopt the International Standard on Assurance Engagements 3000 Revised (ISAE 3000), Assurance Engagements Other Than Audits or Reviews of Historical Financial Information. Adoption will take place when the European Corporate Sustainability Reporting Directive (CSRD) is transposed into Irish law giving IAASA the statutory power to adopt sustainability assurance standards in Ireland.  It is not intended to insert any additions Irish-specific requirements in IASAE 300 beyond any required to ensure that it applies to sustainability assurance engagements in Ireland and that sustainability assurance providers are subject to appropriate ethical and quality management requirements.    IAASA invites potential members and advisors to enquiry/investigation committees IAASA undertakes statutory enquiries and investigations under the Companies Act 2014 and its own regulations. The preliminary stages are undertaken by the executive. From time to time, IAASA may need to establish committees to carry out full enquiries/investigations, where the matter cannot be settled by mutual agreement before that stage. Membership of these committees, including chairpersons, is selected from a panel of eligible appointees. IAASA is seeking to update this panel, and expressions are particularly welcome from members of prescribed accountancy bodies. In addition, these committees will retain their own legal advisor to act on the committees’ behalf. IAASA is also seeking to establish a panel of suitably qualified individuals for this role. The closing date for receipt of expressions of interest is 15 July 2024. Please see IAASA’s website for more information. Sustainability IAASA have published a Feedback Paper on its Consultation on the Adoption of a Sustainability Assurance Standard in Ireland Accountancy Europe has issued a series of publications summarising the ESRS’ provisions and their views on ESRS aspects that merit further guidance and clarification. They have summarised the existing ESRS’ provisions on these concepts and where applicable, incorporated EFRAG’s guidelines. So far published in this series are Materiality Assessment and Value Chain with more to follow in due course. Accountancy Europe has also published its June 2024 Sustainability update and its June 2024 Newsletter. The International Sustainability Standards Board (ISSB) has issued its June 2024 Update. This includes a summary of their recent meeting on 12 June in Frankfurt. The ISSB has also issued its June 2024 Podcast. The European Financial Reporting Advisory Group (EFRAG) have finalised the first three Implementation Guidance documents to assist preparers and other relevant stakeholders in applying the European Sustainability Reporting Standards. The Implementation Guidance documents cover the following topics; Materiality Assessment Value Chain Detailed ERS Datapoints The three European Supervisory Authorities (EBA, EIOPA and ESMA – ESAs) have published a joint Opinion on the assessment of the Sustainable Finance Disclosure Regulation (SFDR). The ESAs call for a coherent sustainable finance framework that caters for both the green transition and enhanced consumer protection, taking into account the lessons learned from the functioning of the SFDR. EFRAG and the Taskforce on Nature-related Financial Disclosures (TNFD) have jointly published a mapping of the correspondence between the European Sustainability Reporting Standards (ESRS) and the TNFD's recommended disclosures and metrics. This was prepared to assist companies in understanding the commonalities between the ESRS and the TNFD and the mapping details the disclosures and core metrics recommended by the TNFD and required under the ESRS.  This assessment highlights that all 14 TNFD recommended disclosures are reflected in the ESRS.  Click here for an article from IDA Ireland on Sustainability and Finance: How Ireland meets the industry’s emerging skills need. Sanctions and anti-money laundering Click here to read some information on the ending of an exemption contained in the EU ban on provision of accounting services to Russia. The exemption was intended for the exclusive use of Russian entities which are subsidiaries of EU companies and companies established in certain other allied jurisdictions. The exemption expires on 20 June 2024. The AML Regulation (the single rule book), the AML Directive and the regulation establishing AMLA were published in the official journal on 19 June 2024. The texts will enter into force 20 days from publication and will fully start applying after 3 years. New and forthcoming legislation Further to our item in the last edition of round up, click for an information guide on company law changes to be effected upon commencement of the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024. Dept. of Enterprise Trade & Employment (DETE) news The Department of Enterprise, Trade and Employment is hosting the second annual Trade Horizons Conference in Dublin Castle on Thursday, 4 July. The theme for Trade Horizons 2024 is 'Trade for a Sustainable Future', exploring how policymakers and businesses can work together to advance action on the drive for net zero carbon emissions.  The Minister for Finance and DETE recently published a series of Artificial Intelligence: Friend or Foe’ reports. The three reports are entitled “Artificial Intelligence: Friend or Foe? Summary and Public Policy Considerations’, ‘Artificial Intelligence: Friend or Foe? A Review of How AI Could Impact Ireland’s Economy’ and ‘Artificial Intelligence: Friend or Foe? An Analysis of How AI Could Impact Ireland’s Labour Market’. Readers can read the press release here and get details of the reports here. DETE has also published a pages on Sustainability is good for business which provides lots of useful links including those to training and grants available. Other The Corporate Enforcement Authority (CEA) has published its first annual report covering a period from July 2022 to December 2023. Click here for the CEA press statement. The annual report provides a comprehensive account of the steps taken to establish the CEA's presence amongst its stakeholders, and of the work undertaken to establish the organisation's operational capability. The Report includes 17 case studies that illustrate the breadth of the CEA's impact and demonstrate a considered and graduated approach towards the deployment of the CEA’s enforcement powers. Case studies range from use of incorrect registered office address to incorrectly claiming audit and group exemptions and breach of director’s loan provisions. There is also a case study on supervision of the implementation of the terms of a SCARP rescue plan. On SCARP generally the annual report writes that a process advisor must submit their final report, that is, after developing a rescue plan, to the CEA. Unlike auditors’ indictable offence reports, which by their nature identify potential offences, process advisors’ reports are submitted to the CEA for information on the rescue process and plan. If a report indicates potential wrongdoing or other issues, the CEA can investigate as considered necessary or appropriate. The CEA wrote that it received 51 reports in the period and each report is examined. In Central Bank of Ireland (CBI) news, CBI recently published its second Quarterly Bulletin of 2024. You can access details here. CBI Director of Consumer Protection, Colm Kincaid, spoke on the Future of Customer Engagement and Banking Channels at the June BPFI National Banking Conference. In June 2024 CBI issued its latest Insurance newsletter which includes three articles which may be of interest. One is on the Individual Accountability Framework, one on Double Materiality - Climate Risk Guidance and the CSRD, and one on getting ready for DORA. Accountancy Europe has issued its June 2024 SME update. Technical Roundup is taking a break for the summer and the next Roundup will be issued on Friday 6 September. Any updates during this period will be published on the technical hub on the Institute's website.               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.

Jun 21, 2024
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Corporate Enforcement Authority's first annual report

The Corporate Enforcement Authority (CEA) has published its first annual report covering a period from July 2022 to December 2023. Click here for the CEA press statement .The annual report provides a comprehensive account of the steps taken to establish the CEA's presence amongst its stakeholders, and of the work undertaken to establish the organisation's operational capability. The report includes 17 case studies that illustrate the breadth of the CEA's impact and demonstrate a considered and graduated approach towards the deployment of the CEA’s enforcement powers. Case studies range from use of incorrect registered office address to incorrectly claiming audit and group exemptions and breach of director’s loan provisions. There is also a case study on supervision of the implementation of the terms of a SCARP rescue plan. On SCARP generally the annual report writes that a process advisor must submit their final report, that is, after developing a rescue plan, to the CEA. Unlike auditors’ indictable offence reports, which by their nature identify potential offences, process advisors’ reports are submitted to the CEA for information on the rescue process and plan. If a report indicates potential wrongdoing or other issues, the CEA can investigate as considered necessary or appropriate. The CEA wrote that it received 51 reports in the period and each report is examined.

Jun 20, 2024
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Sustainability
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ISAE 3000 to be adopted for sustainability assurance engagements

Following public consultation to obtain stakeholders’ views earlier this year IAASA has published a Feedback Paper and the responses received on its Consultation on the Adoption of a Sustainability Assurance Standard in Ireland.  IAASA intends to adopt the International Standard on Assurance Engagements 3000 Revised (ISAE 3000), Assurance Engagements Other Than Audits or Reviews of Historical Financial Information. Adoption will take place when the European Corporate Sustainability Reporting Directive (CSRD) is transposed into Irish law giving IAASA the statutory power to adopt sustainability assurance standards in Ireland.  The effective date of the standard will be for the assurance of sustainability reporting for years starting on or after 1 January 2024, as required by the CSRD.  The Department of Enterprise, Trade and Employment is currently working on the transposition of the CSRD into Irish law.  It is not intended to insert any additions Irish-specific requirements in IASAE 300 beyond any required to ensure that it applies to sustainability assurance engagements in Ireland and that sustainability assurance providers are subject to appropriate ethical and quality management requirements.    The Feedback Paper is available on this link. The Responses Received are available on this link.

Jun 20, 2024
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**Update**Expiry of an exemption from EU prohibition on providing accounting services

This item has been updated since its original publication on 20 June 2024 following coming into force of 14th EU package of sanctions. Readers will be aware that since June 2022 there has been an EU ban on the provision of accounting services to the Russian government and legal entities and persons established in Russia. The banned services include accounting, auditing, including statutory audit, bookkeeping or tax consulting services. Click for more information on the ban on provision of accounting services on  the Institute’s website. Within the regulation imposing the ban there is an exemption for the provision of services intended for the exclusive use of Russian entities which are subsidiaries of EU companies and companies established in certain other allied jurisdictions (The list of jurisdictions has been updated in the 14th package). However, with the 12th package of sanctions, introduced in December 2023 came a wind down of the exemption permitting the provision of restricted business services to those subsidiaries. This wind down had originally been set for 20 June 2024 after which a licence from EU Member States will be required to continue providing services to Russian affiliates. However, the 14th package of sanctions extended this wind down date to 30 September 2024. The 14th package also introduces an exemption from the ban whereby EU nationals that are residents of Russia (and were so before 24 February 2022) are permitted to provide the prohibited professional services, excluding software, to EU/Western-owned subsidiaries who are their employers. This information is provided as resources and information only and nothing in these pages 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 pages. 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 these pages, 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 in these pages.

Jun 20, 2024
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Professional Standards
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Consultation – proposed changes to UK Audit Regulations

The attention of Institute firms with UK audit registration is drawn to an open consultation in relation to proposed changes to the UK Audit Regulations. The UK Audit Regulations are issued jointly by Chartered Accountants Ireland (the Institute), the Institute of Chartered Accountants in England and Wales (ICAEW) and the Institute of Chartered Accountants of Scotland (ICAS).  This consultation is being hosted by ICAEW.    The consultation proposes to make changes to the UK Audit Regulations which would require UK audit registered firms to notify their registering body when they are appointed as auditors to certain entities. The consultation is available to read here.  Feedback can be provided, by 6 September, via the online consultation portal or by emailing professionalstandards@charteredaccountants.ie.

Jun 20, 2024
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Changes to company law in 2024

Read more on changes to company law to be implemented by the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024. 2024 Amendments to Companies Act 2014

Jun 17, 2024
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News
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Building resilience at a time of relentless change

As businesses navigate technological disruptions, economic fluctuations and global crises, leaders must prioritise investing in resilience, writes Neil Hughes Resilience is defined as the ability to adapt to change positively, recover from difficulties and persist in facing challenges. The pace of change in business today is relentless, and for business leaders, resilience is a more crucial attribute than ever. Organisations need leaders capable of staying focused, being consistent and remaining inclusive under pressure. Building a resilient workforce can help organisations to navigate change more effectively, sustaining competitive advantage, growth and long-term success. Best practice suggests several key areas of focus for leaders and organisations to consider. Prioritising wellbeing and mental health According to a 2023 survey by the Chartered Institute of Personnel and Development, 76 percent of UK employees reported that mental health support at work directly contributes to their overall job satisfaction. Mental health is foundational to resilience. Business leaders should strive to create a supportive environment that prioritises mental health through comprehensive wellness programmes. This includes providing access to mental health professionals and resilience tools to support employees in managing stress and adapting to change. Encouraging open conversations about mental health can foster a culture where employees feel safe and supported. Fostering a resilient and inclusive team culture Resilience should be embedded within the organisational culture. Leaders must foster a workplace culture that encourages collaboration, open communication and psychological safety, where small wins are recognised, feedback is encouraged and acted on and failures are seen as learning opportunities rather than setbacks. Creating an inclusive culture where diverse perspectives are valued can enhance problem-solving and innovation. Regular team-building activities, training focused on resilience, and creating a safe space for employees to voice their concerns can significantly boost team morale and cohesion. Investing in continuous learning and development Continuous learning is critical to building a resilient workforce. By investing in ongoing training and development programmes, leaders can equip employees with the skills needed to adapt to new challenges. Offering opportunities for professional growth helps employees stay current and confident in their roles. Encouraging a growth mindset, where challenges are seen as opportunities for learning, can foster resilience and innovation. Role modelling resilience and self-care To lead effectively, business leaders need to invest in their own wellbeing and resilience. Resilient leaders are those who continuously learn, adapt, and maintain their physical and mental health. This involves regular training, seeking coaching or mentorship, and embracing a growth mindset. Leaders who prioritise self-care practices such as regular exercise, adequate sleep, and mindfulness activities can manage stress more effectively, maintaining mental agility. . Leaders play a critical role in modelling resilience and those leaders who prioritise resilience not only enhance their capacity to grow and move forward in the face of adversity but also inspire their teams to do the same. Whilst building resilience involves effort, commitment and time, it can be the protective layer required to equip leaders, their teams and organisations to face the challenges of the ever-changing landscape of work. Neil Hughes is a Director in People and Change Consulting at Grant Thornton Northern Ireland

Jun 14, 2024
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News
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Organisational culture and employee retention

Sandra Healy explains the importance of a strong organisational culture and how it can lead to satisfied and long-term employees Organisational culture is the personality of the organisation, shaping how employees interact with each other, management and customers. A strong organisational culture can have a significant impact on employee retention because it creates a sense of belonging and purpose. When employees feel that they are part of a community that shares their values and goals, they are more likely to stay with the company for the long term.  A positive organisational culture can also lead to greater employee engagement. When employees feel that their work is meaningful and that they are making a difference, they are more likely to be motivated and productive. This can lead to better business outcomes, such as increased revenue and customer satisfaction.  On the other hand, a negative organisational culture can have the opposite effect. If employees feel that they are not valued or that their contributions are not recognised, they may become disengaged and demotivated leading to high turnover rates.  Organisational culture can impact employee retention in other ways, as well. A strong culture of work-life balance can help employees feel that they are able to maintain a healthy balance between their personal and professional lives. Similarly, a culture of learning and development can help employees feel that they are growing and developing professionally.  Key components to a good organisational culture  A strong organisational culture is built on a foundation of shared values and beliefs that guide the behaviour of employees. These values and beliefs are communicated through various channels, such as company mission statements, vision statements, and core values. When employees understand and embrace these values, they are more likely to feel a sense of belonging and purpose within the organisation.  Another key component of a strong organisational culture is effective communication. Leaders who communicate regularly and transparently with their employees can help to build trust and foster a sense of community within the organisation. Employee recognition and appreciation are also important components of a strong organisational culture. When employees feel that their contributions are valued and recognised, they are more likely to feel motivated and engaged in their work. Finally, a strong organisational culture is one that promotes work-life balance and employee well-being. When employees feel that their personal needs and well-being are valued by the organisation, they are more likely to feel satisfied and committed to their work. Measuring organisational culture Measuring the current organisational culture can be done through various methods: Surveys can be distributed to employees to gather their opinions on the company's values, communication, leadership, and overall culture. Interviews with key personnel such as managers and executives can provide insight into the company's goals and how they align with the culture. Focus groups can also be conducted to gather opinions from a diverse group of employees. These methods can help identify areas where the company's culture is strong and where it needs improvement.  Another way to measure the organisational culture is to look at employee turnover rates. High turnover rates can indicate a negative or toxic culture, while low turnover rates can indicate a positive and supportive culture. Exit interviews can also provide valuable feedback on why employees are leaving and what can be improved to retain them.  Once the current organisational culture has been measured, the company can identify areas for improvement by analysing the data collected from surveys, interviews, focus groups, employee turnover and exit interviews, then create an action plan to address the areas that need improvement. Improving the organisational culture is an ongoing process. The company should regularly measure the culture and make adjustments as needed. This will help ensure that the culture remains strong and supportive, leading to greater employee engagement and retention.  Best practice One of the best practices for building a positive and inclusive organisational culture is to establish a clear set of values and principles that guide the organisation's actions and decisions and then communicated to all employees and integrated into all aspects of the company's operations. Organisations must also encourage open communication and collaboration among employees by engaging everyone in regular team-building activities, open-door policies, and opportunities for feedback and input. When employees feel that their voices are heard and their contributions are valued, they are more likely to feel invested in the success of the organisation and less likely to seek opportunities elsewhere.  Creating a supportive and inclusive work environment is also crucial for building a positive organisational culture. This means promoting diversity and inclusivity in all aspects of the workplace, from hiring practices to daily interactions among employees. Finally, it is important to create formal recognition programs, such as employee of the month awards or performance bonuses, as well as through informal gestures such as thank-you notes or public praise. When employees feel that their hard work and dedication are appreciated, they are more likely to feel motivated and committed to the organisation over the long term.  Sandra Healy is Founder of Inclusio

Jun 14, 2024
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News
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Managing cyber threats in the AI age

Businesses need clever strategies to counter the cyber security challenges arising from the emergence of artificial intelligence, writes Puneet Kukreja The enormous power of generative artificial intelligence (GenAI) and large language models (LLMs) is just beginning to be understood. Its capacity to automate and accelerate business processes is only starting to be explored fully. As is the case with the deployment of any new technology, however, GenAI brings with it new cyber vulnerabilities. Cyber security matters are emerging as a key concern for technology leaders in Ireland amid the surge of AI-enabled cyber attacks. According to the EY Ireland Tech Leaders Outlook Survey 2024, the percentage of respondents who identified elevated cyber risks and the management of data protection and data flows as critical challenges has risen to 61 percent, up from 53 percent in 2023. Like the move to the cloud over a decade ago, the technology will create new cyber exposures and increase the attack surface for cyber criminals. For example, consideration needs to be given to securing the LLMs that gather and analyse data from various departments within the organisation. Ensuring the secure collection and transmission of this data is paramount, as is the fortification and security of the model itself. Monitoring emerging vulnerabilities closely This is not a reason to shy away from the technology. It is simply a reminder that it must be treated in the same way as any new IT investment from a cyber security point of view. Few organisations would risk connecting an unsecured PC or laptop to their network and the same approach should apply to AI. AI in cyber security is a double-edged sword. Where it empowers organisations with enhanced security capabilities, it also equips cyber criminals with similar tools by enabling individuals lacking advanced coding skills to leverage GenAI and create malicious code efficiently. With just a few prompts, GenAI can quickly generate code to identify and exploit vulnerabilities within an organisation's network, a task achievable within minutes. Change approach, not budget The good news for organisations and for Chief Information Security Officers (CISOs) is that they do not necessarily have to make significant new cyber security investments to restore the balance. The first step is to focus on what you already have. It is not a question of a new investment in cyber security, rather a new approach. In the same way as the cloud changed the shape of organisations’ networks and cyber defences had to be extended to cover the new expanded perimeter, existing defence systems will need modification to bring GenAI models within their orbit. Stolen credentials present a grave peril to organisations. To bolster security beyond passwords and multi-factor authentication (MFA), organisations can deploy AI-driven solutions that monitor user behaviour for unusual login patterns or atypical actions. These systems scrutinise user interactions with critical infrastructure and can swiftly detect unauthorised access attempts or transactions. Adopting this strategy enhances cyber security defences by integrating AI technology that can strengthen existing measures and counter new threats with speed and efficacy. Procurement processes will also play an important role. Organisations must ensure that they are not buying trouble when they invest in GenAI. They need to interrogate vendors very closely to ensure that the systems they are acquiring are secure and do not bring increased vulnerabilities with them. Of course, organisations will need to invest in upgrades to guard against the AI-driven increased sophistication of phishing and other cyberattacks, but this can be accommodated within normal cyber budgets. Finally, it cannot be emphasised enough that GenAI will not offer a silver bullet to organisations seeking to bolster their cyber defences. Humans: the last line of defence While organisations exploit the potential of advanced AI, they need to be mindful of the advent of new cyber vulnerabilities. Using existing cyber security measures to protect AI systems and applying rigorous due diligence to the purchase of such systems will help deal with the heightened threat, as will increased awareness of the new environment. While it undoubtedly offers the ability to further automate certain elements of cyber defence and to enhance threat detection, this will not replace any of the existing cyber security systems in place or the human as the last line of defence. Puneet Kukreja is Cyber Security Leader at EY

Jun 14, 2024
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Press release
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75% say value that chartered accountants provide could not be replaced by AI - Chartered Accountants Ireland

Institute highlights significant value AI will still add to the work of chartered accountants as automation is embraced   Chartered Accountants Ireland has been transforming its ACA qualification since 2017 using AI powered technologies to produce accountants of the future Institute notes today’s reports from Government on impact of AI on the Irish economy and workforce Chartered Accountants Ireland has highlighted how the profession is embracing the opportunities provided by automation and the critical role that AI is playing in moving its members’ work up the value chain. As businesses grapple with increased data volumes, complex regulations and a growing need for real-time information, AI is a game-changer for accountants by enabling them to focus on critical tasks such as analytics and advisory work.  Recent research from Chartered Accountants Worldwide shows that 75% of Irish financial decision makers surveyed do not ultimately believe that the value that chartered accountants provide could be replaced by automated systems, noting the importance of human judgement and decision making in their work.  The Institute’s comments come as the Department of Enterprise Trade and Employment and the Department of Finance launch new reports today on the impact of AI on the Irish economy and workforce.  Futureproofing education for the next generation  Since 2017, Chartered Accountants Ireland has been transforming the content and delivery of its ACA qualification, using AI powered technologies such as adaptive learning, robotic process automation (RPA), and data analytics. This transformation will continue to evolve.  Crona Clohisey, Director of Public Affairs at Chartered Accountants Ireland said:  “Over the past several years, our education team has carried out extensive research on the learning and training needs of the next generation to ensure that we are producing accountants of the future. The outputs have already been put into practice with students accessing the latest advances in technology and emerging accounting practices using a blend of the most up-to-date technology and teaching methods.  “These initiatives underscore the profession’s early adoption of the benefits AI can bring, and our members’ desire to adopt it in their work. By using AI to prepare accounts and to tackle and streamline more routine tasks, chartered accountants are embracing the positive disruption brought about by AI to focus more on providing strategic business insights for informed decision-making. Accountants who do so will thrive, so our curriculum fully recognises and embraces this reality. “We note the Government’s new reports in this important area, and we look forward to continuing the journey our profession has been on to date.” Chartered Accountants Ireland is Ireland’s leading professional accountancy body, representing almost 33,000 members and educating 7,000 students. Institute members provide leadership in business, the public sector and professional practice, bringing experience, expertise, and strict standards to their work for, and with, businesses in every sector.  Commenting, Barry Doyle, President of Chartered Accountants Ireland said:  “As with every technological development over the Institute’s 136-year history, the profession has always adapted and integrated innovations, with AI being just the latest. Moving from the traditional paper ledger to automated bookkeeping for example was transformative in the services that chartered accountants were able to offer. AI will ease the administrative burden on accountants and equip them with reliable data and insights to better serve their industries. “AI will not replace human judgement or strategic decision making, but critically it will throw up a series of ethical dilemmas for organisations in the coming months and years. Our members, bound by strict codes of ethics, are well positioned to navigate these; indeed, this goes to the heart of our dual mandate, working in the interests of both the economy and society.”  ENDS  Research referenced was commissioned by Chartered Accountants Worldwide and conducted by Edelman Data & Intelligence.

Jun 11, 2024
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Tax UK
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How to report concerns about potential rogue R&D tax relief advisers

After discussions with the Northern Ireland Tax Committee about concerning behaviours of certain R&D tax relief advisers, the Institute contacted HMRC to suggest that a process could be developed to enable reporting of these concerns. In a recent meeting with HMRC, we were advised that a process is now available via what HMRC refer to as the Professional Bodies mailbox. The mailbox should only be used by members of a recognised tax or accountancy Professional Body to report concerns about a potential rogue R&D adviser and should not be used for any other purpose. As yet, HMRC has not specifically defined ‘recognised body’ for this purpose but has advised that Chartered Accountants Ireland falls within this.  When using this mailbox, please provide information about the potential breach only and not details of specific claims. HMRC will use this in their compliance strategy for R&D agents. Following receipt of the email, if HMRC requires any further information they will make contact with the person who made the initial report. The email address to use to make a report is wmbciandrprofessionalbodies@hmrc.gov.uk.   To date HMRC has not formally publicised this and is not planning to undertake any activity at the minute due to the pre-election period.  

Jun 10, 2024
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Tax UK
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This week’s miscellaneous updates – 10 June 2024

In this week’s miscellaneous updates, HMRC is encouraging students to use the HMRC app to speed up student loan applications and the latest list of non-compliant employers under National Minimum Wage legislation has been published. HMRC’s latest schedule of live and recorded webinars for tax agents is available for booking. Spaces are limited, so take a look now and save your place. HMRC has also published meeting notes from the most recent Guidance Strategy Forum and guidance has now been issued on how in-scope multinational groups can register for the UK’s Pillar Two regime.  Use the HMRC app for student loan applications  HMRC is encouraging students to use the HMRC app to speed up student loan applications. With many students planning their next steps in life, those starting university in September can ‘tap the app’ to get National Insurance and tax information they need to complete their student finance applications, HMRC has said.  Anyone applying for a student loan for the 2024/25 academic year is encouraged to start their application now to get the essential details they need via the app. HMRC has produced a video to encourage students to save time by downloading the app.  Non-compliant employers named in latest National Minimum Wage list  The Department for Business and Trade has published its annual list of employers who failed to pay the National Minimum Wage (“NMW”). This year marks 25 years since the introduction of the NMW which was increased from 1 April 2024, as was the National Living Wage.   The press release accompanying the annual report explains that if workers suspect they are being underpaid, they can visit www.gov.uk/checkyourpay to find out more about what they can do. Workers can also call the acas helpline on 0300 123 1100 or visit their website for free, impartial and confidential advice or complain to HMRC at Pay and work rights helpline and complaints.  Registration for UK’s Pillar Two regime  HMRC has issued guidance on how in-scope multinational groups can register for the UK’s Pillar Two regime. Broadly, registration via HMRC’s online service is required within six months from the end of the first accounting period beginning on or after 31 December 2023 for in scope groups. This is the first phase of HMRC’s plans to ‘go live’ with the Pillar Two Top-up Taxes online service.  

Jun 10, 2024
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