Large energy users have a crucial role to play in embedding greater resilience in Ireland’s energy system. David Cashman explains why Following recent geopolitical developments and the subsequent supply chain disruption to energy resources here in Ireland, ensuring the security of supply is paramount. With one of the highest ratios of energy import dependency in the EU, Ireland is more exposed than other countries to sudden shocks and disruption. As a result, embedding increased resilience in our energy system is a priority, as set out in the Government’s Energy Security in Ireland to 2030 strategy. Large energy users (LEUs), such as data centres, have a vital role to play in driving this resilience. Electricity demand is projected to grow significantly in the years ahead, and LEUs account for a sizeable portion of this. With an annual usage of over 500,000 kWh, EirGrid estimates that, by 2031, LEUs will account for 28 percent of total energy demand. While the growing number of LEUs represents strong economic activity, it does mean that a small number of these large consumers will be key to ensuring the security of supply. The question then becomes: how can this security be maintained without the cost of increased emissions? The electricity system must continue to be balanced – accounting for increasingly tight capacity margins, as highlighted in the annual Generation Capacity Statement – while LEUs must play their part in delivering on emissions reduction targets. With the number of system alerts forecast to increase – coupled with delays in connecting new generation capacity (due to planning permission, environmental impacts, and supply chain constraints) – LEUs must look to introduce interim measures now that, while ensuring security of supply, do not increase emissions. Legislative and regulatory landscape Climate Action Plan 2024 builds on initiatives mandated in the 2023 plan, including the introduction of incentives to drive low-carbon consumption and increase LEU flexibility in demand. Following Climate Action Plan 2023, the Commission for Regulation of Utilities (CRU) published an initial view of a demand-side strategy – the National Energy Demand Strategy (NEDS) – for consultation. This proposes a range of initiatives and builds on the ambition set out in the Energy Security in Ireland to 2030 strategy which highlights how LEUs “can lead and contribute to this transition by…shifting energy demand away from peak times or at times of system stress and moving demand to times of high renewable generation”. A core tenet of NEDS is a review of LEUs’ connection policy, with the associated consultation closing in late February. This review will inform the development of a new pathway for LEUs to connect to the electricity and gas systems, which will minimise carbon emission increases while accounting for system capacity. This review is very much in line with the Government Statement on the Role of Data Centres in Ireland’s Enterprise Strategy, which sets out how new data centre sites will account for the additional demands placed on energy infrastructure, demonstrating a clear pathway to decarbonised services. Five key measures There are five measures LEUs can adopt now to support Ireland’s decarbonisation plans whilst ensuring security of supply: 1. Decarbonising behind-the-meter generation Implementation of cost-effective alternatives to carbon-intensive backup generation, including: Matching gas with domestic green gas certificates; and Transitioning sites’ backup generators to renewables-based, biodegradable fuels, such as hydrotreated vegetable oil. 2. Investing in behind-the-meter storage Investment in on-site, behind-the-meter storage means LEUs can utilise stored energy at peak times and times of system stress. This ensures high network charges – those associated with electricity imported from the grid – are minimised, while LEUs can ‘sell’ stored energy back to the grid (thus creating an additional revenue stream and return on behind-the-meter storage investment). 3. Unlocking flexibility in load At times of security of supply events, disruption to business-as-usual operations can lead to an increase in emissions. This can be minimised by unlocking flexibility in load: Flexible load: Reducing reliance on the electricity system by using behind-the-meter generation and/or storage to meet electricity demand. Flexible load times: Rescheduling server load processing to a time when system congestion is lower, or renewables are more abundant on the system. Flexible load locations: Relocating server load processing from one data centre to another if there is lower demand – or higher renewables outputs – in the alternative location(s). 4. Adopting Corporate Power Purchase Agreements (CPPAs) Arrangements whereby a company procures renewable electricity directly through a contractual agreement with a renewables-based generator are known as CPPAs. These are an attractive option for LEUs as they mitigate the impacts of energy price volatility whilst also reducing electricity-related emissions. 5. Implementing enhanced emissions and energy usage reporting The new Corporate Sustainability Reporting Directive – coupled with broader ESG scrutiny – places additional demands on companies regarding the disclosure of climate and environmental data. With mandatory requirements set to be introduced, LEUs should now begin to increase transparency and reporting on emissions and energy usage, starting with materiality/gap and ESG maturity assessments. Building future resilience Rising electricity demand and a dependency on energy imports mean there is an urgent need to embed increased resilience in our energy system. LEUs have a crucial role to play in driving this national resilience. This cannot come at the cost of increased emissions, however. Adoption of interim measures that will ensure security of supply without increasing emissions means LEUs are in line with broader legislative and regulatory proposals and are also building future resilience. David Cashman is Director of Power and Utilities at EY

CPPA use has risen sharply in Ireland in the last two years against a backdrop of price volatility and an increasing focus on the role corporates must play in reaching net zero, writes Robert Costello A Corporate Power Purchase Agreement (CPPAs) is a long-term contract under which a corporate (offtaker) agrees to buy some or all of its electricity directly from a renewable energy generator.  There are two main types of CPPAs in Ireland: Financial (virtual) CPPA – this agreement acts as a financial hedge that enables the corporation to support renewable energy projects and secure a stable energy price without physically trading power. Physical CPPA – the corporate receives physical delivery of electricity from the generator, generally through the grid. Benefits of CPPAs The State’s climate action plan aims to reduce emissions by 51 percent by 2030 and deliver 80 percent renewable electricity by 2030. It includes a target of 15 percent of electricity demand to be delivered by CPPAs. CPPAs offer an alternative route to market for generators who were excluded from the Renewable Electricity Support Scheme (RESS), were unsuccessful in RESS or for whom the terms and conditions are not commercially viable. The long-term stable income that comes with a CPPA with a financially strong counterparty gives generators the financial certainty they need to secure debt funding to build new projects.  Meanwhile, corporates benefit due to: Budget certainty, particularly given volatile market prices; Delivering additionality – the renewable energy project would not have been built without the corporate's involvement (via the CPPA); and Guarantees of origin (GOs). Key commercial considerations When negotiating a CPPA, corporates must consider that CPPAs are typically long-term contracts (about 15 years), although some short-term contracts (less than five years) have been agreed in the Irish market in the past year. The offtakers forecast energy needs to determine the size of the asset with which it can contract for some or all of the output. There are four types of contract: pay-as-produced; shaped; baseload; and pay-as-consumed. Pay-as-produced contracts are the least risky for developers (as generation is not fully predictable). Other forms of contract need a significant premium from the offtaker as the generator is taking the volume risk. CPPAs can be fixed-priced, variable or a combination of both. Fixed pricing increases cash flow certainty for both parties, helping with budgeting, project financing and protecting margins. However, it can expose offtakers if there are significant wholesale market price declines, as they are locked in at higher prices. Fostering growth CPPAs present a pathway to achieving Ireland’s ambitious climate action goals. By facilitating direct transactions between corporations and renewable energy generators, CPPAs not only contribute to decarbonisation efforts but also foster economic stability and growth. However, navigating the complexities of CPPAs requires careful consideration of key commercial factors. From contract duration to pricing mechanisms, each element demands strategic planning to mitigate risks and maximise benefits for all stakeholders. In essence, CPPAs represent more than just contractual agreements; they embody a collaborative approach towards a greener, more sustainable future. By harnessing the collective power of corporates and renewable energy generators, Ireland can accelerate its journey to a low-carbon economy while fostering innovation and resilience in the energy sector. Robert Costello is a Partner with PwC

Irish support for EU membership remains strong despite concerns about the direction it is taking and declining trust in political institutions, writes Noelle O Connell Despite a slight decline of four percent from 2023, the overwhelming majority of people in Ireland (84%) and Northern Ireland (76%) believe Ireland should remain a member of the European Union, according to the EU Poll 2024 from European Movement Ireland. While support for EU membership remains strong, however, the 2024 results indicate a notable decline in both jurisdictions on the question of whether or not the EU is moving in the right direction – down from 58 percent in 2023 to 49 percent this year. Voter concerns Ireland’s continuing support for EU membership is welcome at a pivotal time for Europe. This year’s less favourable findings on several key issues are of concern, however, and serve as a timely reminder of the continual need for public engagement, dialogue and communication on EU affairs. It also highlights the need for the EU to listen to voters’ concerns. Areas of low satisfaction with the EU’s performance include its response to issues such as migration, the war in Ukraine and the Israel-Gaza conflict. Forty-six percent of respondents in Ireland and 44 percent in Northern Ireland ranked the EU’s performance on the issue of migration as its weakest. The timing of this survey coincides with the debate on the new EU Migration and Asylum Pact. The EU’s performance on trade and business continues to score well among respondents at 46 percent in Ireland and 55 percent in Northern Ireland. This underlines the positive public perception of the Single Market and its benefit to the economies in the North and south. Political popularity Of concern in this year’s poll is the growing lack of trust in political institutions in Ireland and Northern Ireland, which could reflect a wider global trend of increasing polarisation in public and political discourse. When asked which of the institutions they trusted most, 34 percent chose the Irish Government and 26 percent the EU. A significant majority (40 percent) stated none of the above. In Northern Ireland, trust in the EU came in at 28 percent, while trust in the Irish Government ranked higher than the UK Government at 24 percent compared to just eight percent, with the Northern Ireland Executive being included this year for the first time. Thirty-one percent said they did not trust any of the institutions listed. Expanding the EU This year marks the 20th anniversary of the biggest ever enlargement of the European Union when ten countries became members under the Irish presidency in 2004. We welcome the consistently strong support across the island of Ireland for EU enlargement, with 57 percent in favour of more countries joining the Union. Noelle O Connell is CEO of European Movement Ireland 

Students from Coláiste an Chraoibhín, Fermoy and Edmund Rice College Carrigaline awarded at ceremony in Dublin  Over 8,000 students have enrolled in Boot Camp in 5 years across 26 counties, gaining real-world introduction to business and financial decision-making   Transition year student Katie Rice has been awarded first place at the Chartered Accountants Ireland Boot Camp Challenge 2024. Katie is a student at Coláiste an Chraoibhín, Fermoy and entered the competition as a solo student of the accounting programme for senior cycle students. Cork dominated the awards with second place going to a team entry from Edmund Rice College, Carrigaline.  The Boot Camp challenge is a business simulation exercise, and it is the culmination of the Boot Camp programme, an online accounting programme for senior cycle students. In the challenge, entrants take on the role of CEO of their own fictitious company which is faced with a major crisis scenario. They are tasked with applying problem solving and critical thinking skills to develop a solution to overcome the challenge.   Commenting, Boot Camp creator Brian Feighan said “The real learning in the challenge comes not from working out a specific answer but from the decision-making journey. It challenges you to research and evaluate information, to assess risks and benefits and to think critically about the evidence. You need to be creative in how you solve problems and to exercise sound judgement and commercial awareness. Katie produced an excellent submission in which she thoroughly researched the market, objectively assessed the evidence, and demonstrated a real appreciation of the risks involved. This was a very thorough and independent piece of work.” Commenting, Katie Rice said  “When I heard my entry was shortlisted, I was so excited and ultimately surprised! I didn't expect it at all, so it was a great honour to win. Thank you to Chartered Accountants Ireland for providing such a fun and engaging competition. I learned so much from the experience about business which I would never have learned previously like doing market research and assessing situations and making the correct decisions.” President of Chartered Accountants Ireland Sinead Donovan said  “I want to congratulate all entrants to this year’s challenge. A big focus of my year as President has been introducing 2nd and 3rd level students to the variety and opportunity of accountancy as a career. The Boot Camp Challenge perfectly captures that variety, and importantly the need to be able to look at life not just by the numbers, but through a much wider lens. The profession needs the talent and enthusiasm of our winners and participants here today, together with the educators who are so important in helping us promote the basis of the profession.” Boot Camp can be taken by full class groups or solo students, either independently or with teacher guidance. It can be taken as an introduction to accounting in TY or as revision in 5th and 6th year. Several large employers who take work experience students in their firms have also used Boot Camp as an introduction to their work.  Now in its fifth year, over 8,000 students have enrolled in Boot Camp in all 26 counties. Through the programme, students are introduced to the fundamentals of accounting and finance and to the world of business and financial decision-making processes. They cover strategy, risk, critical thinking, decision-making and hear real life insights from senior business leaders, accountants, and finance professionals through podcast interviews. On completion of Boot Camp, students have an excellent understanding of debits and credits and should be able to prepare a basic set of financial statements.  Boot Camp is currently open for enrolment. https://chartered-bootcamp.teachable.com or email Veronica Byrne. ENDS    

Originally from Drogheda, Co. Louth, Edel Faulkner has now been living in Bermuda for almost seven years and has learned a lot in that time. We caught up with Edel to hear more about her journey. Where did you grow up and where do you live now? I’m originally from Drogheda, Co Louth, and I spent a brief spell living in Dublin while I trained with Deloitte, before moving to Bermuda in October 2017 when I finished my training contract. I’ve been in Bermuda coming up on seven years now, longer than I spent living in Dublin which seems crazy!   What made you choose to become a Chartered Accountant? It probably goes right back to school where the business subjects, particularly accounting and economics were always my strongest, and the ones that I really enjoyed, so I would naturally spend more time studying those. From there I went on to study Accounting and Finance in DCU. I really enjoyed my time at university and the course is really set up to give you a strong foundation to embark onto professional exams in whatever area you choose.  Can you tell us a little about how you got to where you are today – both the geographical relocation and career path? I knew I wanted to get some experience living and working abroad once I qualified, and with the global presence of Deloitte it made sense to look at options within that network. I felt sticking with Deloitte would provide some familiarity as I got used to everything else in a new place. As luck would have it, a partner I was working with at the time had just come back from a couple of years in Bermuda and she encouraged me to apply. The rest, as they say, is history!  I’m currently an Audit Director here, where I focus mainly on SEC registered insurance and reinsurance companies. My main goal with moving was to gain exposure to both US GAAP and SEC registrants, so Bermuda has certainly provided me with that. It helped that I had worked on the financial services team in Dublin too, so I had a good foundation coming in.  I think the main attraction of an island lifestyle was the work/life balance that it provides – it’s a small place so there are no long commutes, and the weather means you can do outdoor activities year-round. My husband also loves that Bermuda has more golf courses per square mile than any other country in the world! Looking back, I couldn’t be happier I took a leap and made the move – I would encourage anyone that’s considering opportunities overseas to take the chance and give it a go.   What do you value most about your membership of the profession and how do you think those benefits can be used to support the economy and society? It’s an internationally recognised qualification, so a move abroad couldn’t have been easier. Bermuda comes under CPA Canada, so I was able to get CPA credentials through the mutual recognition agreement in place between the professional bodies.  As a member living away from Ireland, can you talk to us about how your membership has been of value to you living overseas? It provides an additional network that you can tap into whenever you need support from a professional perspective. It also provides a great sense of community. We have recently started up the Bermuda Chapter of overseas Chartered Accountants Ireland members with support from the Institute, and it has been great to see so many Irish accountants turn out for our events – whether it is people who are brand new to the island and looking to make some friends, right up to those who are now retired in Bermuda. We are a very social and welcoming bunch – the chat usually takes us right up to closing time!   What were the most significant/noticeable differences you encountered doing business and networking away from home and back in Ireland? There is a huge ex-pat presence in Bermuda, which makes for a melting pot of different cultures. I think professionally, this has taught me to recognise the differences in communication styles and tailor my interactions accordingly. Certain cultures are extremely direct in communications/feedback, while others are more laid back and appreciate the small talk, and in Bermuda you see it all!  And finally, an extra question! What do you think you might have been if you weren’t a Chartered Accountant?  I like to think that I could have been a member of Riverdance in another life – but in this one, I can barely manage a 1,2,3 unfortunately so I’ll be sticking to the day job! Edel Faulkner is a Director at Deloitte Caribbean and Bermuda

in this week’s miscellaneous updates, HMRC has clarified the rules for tax relief on travel expenses in the context of hybrid and flexible working and the Government is holding events over the next few weeks to discuss changes to the tax rules for those who are UK tax resident but not UK domiciled. HMRC’s latest schedule of live and recorded webinars for tax agents is available for booking. and the Labour party has published details of its plans to close the tax gap. HMRC has advised that there is likely to be delays in the provision of information to calculate overlap relief for the transitional tax year for basis period reform 2023/24 and finally, the latest News and Information Bulletin from HMRC is available.  Tax relief on travel expenses  HMRC recently updated its guidance on ordinary commuting and private travel in order to provide clarity on the rules for hybrid and flexible working. The guidance has had a new section added at 3.39.   Essentially the updated guidance confirms that there is no change in treatment – where an employee works from home on a flexible or hybrid basis, this will not be treated as a base office. The employee will still have a base office meaning that journeys from home to that location are still ordinary commuting and do not qualify for tax relief.  Events to discuss changes to non-domiciled taxation  In the Spring Budget on Wednesday 6 March, the Chancellor announced that from 6 April 2025, the remittance basis for UK tax resident but non-UK domiciled individuals will be replaced by a new tax regime. The concept of domicile as a connecting factor in the tax system will be replaced by a system based on tax residence.  Over the course of the next few weeks, the UK Government is holding a series of in person and online events for stakeholders to provide comments on the proposed changes. Anyone wishing to attend an event should register their interest - details of the events are available on GOV.UK.  Labour Party’s tax plans to close the tax gap  The Labour Party recently published its plan to close the tax gap in the event that it becomes the next government. The plans set out how the party would:-  boost HMRC’s compliance activities to tackle non-compliance;   invest in technology transformation to improve the taxpayer’s experience and reduce the tax gap; and   make legal changes to restore a genuine deterrent to tax evasion.   Disappointingly, the plans do not refer to increasing HMRC’s customer service resources.  Labour has also appointed an expert panel to advise it on how to improve compliance and modernise HMRC. The panel includes Sir Edward Troup, former HMRC Permanent Secretary and former Treasury special adviser on tax and Bill Dodwell, former tax director of the Office for Tax Simplification.  Delays in obtaining overlap details from HMRC  The tax year 2023/24 is a transition year as part of basis period reform. As a result, unused overlap relief brought forward must be used in 2023/24. From 2024/25, all unincorporated businesses will be assessable on the tax year basis.  Chartered Accountants Ireland previously recommended that HMRC develop a service to enable taxpayers to calculate their unused overlap relief where that information was not available to them. This service commenced from September 2023 with requests being able to be made for information from HMRC via an online service. Not surprisingly, HMRC has recently seen a spike in demand for this service and has now issued a warning in the most recent agent update that requests are likely to take longer to fulfil. 

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. Ahead of the next phase of the Windsor Framework which commences from 30 September 2024 for the movement of consumer parcels from Great Britain (“GB”) to Northern Ireland (“NI”), HMRC has published guidance on the new UK carrier scheme which will be used to provide authorisation to move such parcels. The UK’s Domestic Advisory Group has published various updates, including a request for new members. And finally, HMRC has sent a reminder email about the benefits of joining the UK Internal Market Scheme which provides authorisation to allow trusted traders to declare eligible goods 'not at risk' when moving them from GB to NI.  The UK carrier scheme   HMRC has published guidance on how to apply for the UK carrier scheme which will be used to provide authorisation to move consumer parcels from Great Britain to Northern Ireland when the next phase of the Windsor Framework takes effect from 30 September 2024. Carriers will first need to check if they can apply for the scheme which will also require an EORI number starting GB or XI.  Proof of a permanently established Northern Ireland business address will also be needed. If a business is not established in Northern Ireland, the address of the indirect customs representative in Northern Ireland will instead be required. Proof of business address in Great Britain will also be needed.  Applications for authorisation are now open. More information is available in the guidance as follows:-  Apply for the UK Carrier Scheme;  Sending parcels to and from Northern Ireland; and  Check if you can apply for the UK Carrier Scheme.  UK Domestic Advisory Group (“DAG”) update  The UK DAG’s Priorities report has been published and is accompanied by the following statement from its Executive Council which sets out the report’s key messages:-  “Key messages   The UK Trade and Cooperation Agreement (“TCA”) DAG representing businesses, trade unions and civil societies, has published its first report.   The report highlights short-term TCA implementation issues, priorities for the forthcoming review of the TCA and opportunities to develop the agreement further.   The UK DAG is calling on the EU Commission and UK Government to heighten their engagement and regulatory cooperation on a range of issues including the energy and climate change obligations set out in the TCA, Level Playing Field commitments, trade and customs facilitation, and business and labour mobility matters, including on using e-gates and pragmatic implementation of the EU’s Entry Exit Scheme.”  The UK Government is inviting expressions of interest by 19 June 2024 to join the UK DAG. Chartered Accountants Ireland is currently a DAG member. New applicants and existing members will be considered against the same eligibility criteria. Applicants in this campaign will be notified after the current expression of interest exercise has closed.   Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:-  Customs, VAT and excise UK transition legislation from 1 January 2021;  Reference Document for The Customs Tariff (Establishment) (EU Exit) Regulations 2020;  Reference Document for The Customs (Origin of Chargeable Goods) (EU Exit) Regulations 2020;  Reference documents for The Customs (Reliefs from a Liability to Import Duty and Miscellaneous Amendments) (EU Exit) Regulations 2020;  Reference document for authorised use: eligible goods and authorised uses;  Reference Documents for The Customs (Tariff Quotas) (EU Exit) Regulations 2020;  Border Force customs offices list;  Declare your goods to authorised use and completing authorised use; and  Moving processed or repaired goods into free circulation or re-exporting them. 

Do you use HMRC online services? Don’t be caught out by the planned downtime to some services. HMRC are warning about the non-availability of specific services on the HMRC website, a range of services are impacted. Check the relevant page for information on planned downtime.  

Check out the latest items on the Agent Forum. Remember, in order to view each item, you must be signed up and logged in.   All agents, who are a member of a professional body, are invited to join HMRC’s Agent Forum. This dedicated Agent Forum is hosted in a private area within the HMRC’s Online Taxpayer Forum. You can interact with other agents and HMRC experts to discuss topical issues and processes. 

Stephen Lowry delves into details of the upcoming referendum on Ireland’s proposed participation in the Unified Patent Court  In the wake of referenda on family and care, voters were due to decide on another important constitutional referendum on 7 June. Although the vote has since been postponed by the Government, voters will be asked whether they approve of Ireland’s proposed participation in the Unified Patent Court (UPC).  First mooted in 2013 with the signing of the Unified Patent Court Agreement (UPCA), the UPC is a new international court with exclusive competence to grant ‘unitary patents’ – a new form of patent that gives uniform protection across all participating European countries on a one-stop-shop basis.  Currently within its jurisdiction are 17 EU Member States, though this number is expected to increase over the coming months as more countries move to ratify the UPCA.  Before Ireland can join the UPC, an amendment to the Constitution is needed as doing so will involve a transfer of jurisdiction in patent litigation from the Irish courts to an international court.  So, what’s to be gained from joining the UPC?  1. Reduced cost and administrative burden  At present, there is no single European patent valid in all Member States. Instead, individual patents must be held in each country where the patent is to be applied.  Applications can be made to either the national patent office in each country or as a single application to the European Patent Office (EPO).   Rather than acting as a one-stop-shop for patent litigation, however, the EPO can essentially only grant a bundle of national patents for the countries designated by the patent application.  If subject to challenge, these patents must then be litigated separately in the national courts of each country in which they are granted – thereby potentially giving rise to legal costs across a number of jurisdictions as well as risking the prospect of different legal outcomes.  By contrast, the UPC will instead allow applicants to apply for a single patent, which will be valid across multiple Member States, upon which it will be the sole arbiter.  2. Boost to FDI and export activity If the referendum is carried, the Government has signalled its intention to establish a local division of the UPC in Ireland. Doing so would mean Ireland would be the only common law, native English-speaking jurisdiction with a UPC.  Coupled with Ireland’s already attractive tax regime for research and development, the establishment of a local UPC would arguably further boost the State’s profile as a location of choice for inward investment.  Moreover, access to a streamlined European patent protection system would likely act as a useful incentive for Irish businesses to expand exports to a greater number of countries previously out of reach because of the costs of securing multi-jurisdictional patent protection.  3. Impact on the domestic economy  Estimates provided to the Joint Oireachtas Committee on Enterprise, Trade and Employment indicate that the establishment of a local division of the UPC in Ireland would contribute at least €415 million, or 0.13 percent in GDP growth, per annum by way of increased patent development activity.  Consequently, the establishment of the UPC can also be expected to generate increased expenditure and employment in legal, professional and other related technical advisory services.  Whether the referendum will be carried  will, however, ultimately depend on the Government’s ability to engage the public on the merits of adopting a streamlined patent court – a difficult task on such a niche subject.  Stephen Lowry is Public Policy Manager with Chartered Accountants Ireland

Welcome to the latest edition of Technical roundup. In developments since the last edition, David Swinburne and Hilary Larkin of Mazars along with Laura-Michelle Moore from Chartered Accountants Ireland will be speaking at a webinar about the practical issues of the Small Companies Administrative Rescue Process (SCARP) on 29 May at 10:00. The European Parliament has recently adopted a package of laws strengthening the EU’s toolkit to fight money-laundering and terrorist financing. The Anti-Money Laundering and Countering the Financing of Terrorism package consists of a directive and two regulations. Read more on these and other developments that may be of interest to members below. Financial Reporting The Financial Reporting Council (FRC) is hosting a webinar on its recent revisions to FRS 102 on Wednesday, 15 May 2024 11:00-12:00. The International Accounting Standards Board (IASB) has announced that it is launching a comprehensive review of accounting for intangibles. This project will assess whether the requirements of IAS 38 Intangible Assets remain relevant and will be explored and discussed by the IASB in the coming months. The IASB has announced that it expects to issue its next Accounting Standard, IFRS 19 Subsidiaries without Public Accountability: Disclosures, on 9 May 2024. The IASB has issued its April 2024 update which highlights decisions taken and projects affected during the month. It has also published its April 2024 podcast. The IFRS Foundation has also issued its April 2024 monthly news summary. The IASB has announced that it expects to publish the Exposure Draft Contracts for Renewable Electricity on 8 May 2024. Following on from the recent release of IFRS 18 Presentation and Disclosure in Financial Statements, the IASB are holding a series of webinars to help stakeholders gain a better understanding of the new requirements. The UK Endorsement Board has released a webcast which discusses IFRS 18. The IFRS Foundation has published a video explaining what the IFRS Digital Taxonomies are and how they enable information to be prepared in a machine readable format. The IFRS Foundation has published its 10th Compendium of Agenda Decisions by the IFRS Interpretations Committee. This covers the 6 month period to April 2024. The IFRS Foundation has published its 2023 Annual Report for the year ended 31 December 2023. EFRAG, the European Financial Reporting Advisory Group has published its draft comment letter on the IASB’s Exposure Draft ED/2024/03 Business Combinations—Disclosures, Goodwill and Impairment (Proposed amendments to IFRS 3, IAS 36). The draft remains open for public comment until 28 June 2024. Auditing and Assurance IAASA has published its annual ‘Profile of the Profession’ for 2023 containing statistical data provided by the six Prescribed Accountancy Bodies (‘PABs’). The report presents an overview of the PABs’ members and students and includes statistics about their regulatory and monitoring activities. A video summary is available here. Anti–money laundering and sanctions The European Parliament has recently adopted a package of laws strengthening the EU’s toolkit to fight money-laundering and terrorist financing. The Anti-Money Laundering and Countering the Financing of Terrorism package consists of a directive and two regulations. These are the sixth Anti-Money Laundering directive, the EU “single rulebook” regulation and the Anti-Money Laundering Authority (AMLA) regulation. The laws must be formally adopted by the European Council before publication in the EU’s Official Journal. Click here for a press release from the European Parliament on the package and here to access the Institute’s dedicated pages on anti-money laundering which have recently been updated to include a page dedicated to European Union developments. In the UK the Office of Financial Sanctions Implementation (OFSI) has recently launched a UK Financial Sanctions FAQs webpage. Ninety one questions and answers are listed including featured FAQs “Are UK entities’ subsidiaries located outside the UK expected to comply with UK sanctions? “and “How do the fees and expenses caps apply? Is it per DP (i.e., for all a DP’s matters across all law firms) or is it per law firm being instructed by a DP?”. The UK Financial Conduct Authority is consulting on updates to its Financial Crime Guide. The updates relate to sanctions, proliferation financing and transaction monitoring. It is also proposing to add references to cryptoassets and the Consumer Duty, along with consequential changes throughout the Guide. The consultation closes on 27 June 2024. Insolvency David Swinburne and Hilary Larkin of Mazars along with Laura-Michelle Moore from Chartered Accountants Ireland will be speaking at a webinar about the practical issues of the Small Companies Administrative Rescue Process (SCARP) on 29 May at 10am. You can register here for this free webinar. Sustainability Accountancy Europe has welcomed the final approval of the Corporate Sustainability Due Diligence Directive (CSDDD) by the European Parliament (EP) and the Council. Member States can now start transposing the Directive into national laws in 2024. Accountancy Europe has also issued its April 2024 Sustainability Update. The Department of Enterprise, Trade and Employment (DETE) is consulting on one of the member state options of the CSRD to introduce Independent Assurance Services Providers (IASPs) pursuant to Article 34(4) of Directive 2013/34/EU (‘Accounting Directive’) inserted by Directive 2022/2464/EU as regards Corporate Sustainability Reporting (‘CSRD’). The deadline for responding to the consultation is 19 July 2024. Ahead of the anti-greenwashing rule coming into force on 31 May, the Financial Conduct Authority (FCA) is supporting industry with guidance to help them meet the standard.  It is also consulting on extending to portfolio managers the requirements on how sustainable investments are labelled and explained. The International Sustainability Standards Board (ISSB) has announced that it will commence projects to research disclosure about risks and opportunities associated with biodiversity and human capital. The ISSB has issued its April 2024 Update and Podcast. The inaugural IFRS Sustainability Disclosure Taxonomy was published on 30 April. The Taxonomy reflects IFRS S1 General Requirements for Disclosure of Sustainability-related Financial Information, IFRS S2 Climate-related Disclosures and their accompanying guidance. The IFRS Foundation and EFRAG have jointly published guidance material which illustrates the level of alignment achieved between the ISSB’s Standards (IFRS S1 and S2) and the European Sustainability Reporting Standards. The International Federation of Accountants (IFAC) has proposed changes to the International Education Standards to improve the training offering for aspiring professional accountants. Central Bank of Ireland The Central Bank of Ireland has completed and published the outcome of a review of the supports that banks, retail credit firms and credit servicing firms provide for borrowers in or facing early arrears. Click here for the press release and here for the Dear CEO letter from the Head of Consumer protection division. Director of Consumer Protection, Colm Kincaid said: “The Central Bank has carried out this review to ensure the financial system is supporting borrowers in or facing early arrears on their mortgage. It comes as we see an increased number of borrowers falling into early arrears, as increased costs of living impact on borrowers’ finances.” New legislation A regulation which transposes the Representative Actions Directive (RA Directive) has recently been signed into Irish law. The RA Directive ensures that groups of consumers can protect their collective interests for an infringement of their consumer rights both in here in Ireland and in the EU, through a representative action. Click here for a DETE press release which provides more information on the RA Directive and the transposing regulation. On the drafting side, the Government recently published its legislative programme for Summer 2024. Read the press release here and the contents of the programme here. The Access to Cash Bill, Companies (Corporate Governance Enforcement and Regulatory Provisions) Bill and a National Cyber Security Bill are listed for priority drafting. The Miscellaneous Provisions (Transparency and Registration of Limited Partnerships and Business Names) Bill is listed as heads in preparation and the Charities (Amendment) Bill 2023 is on the Dail and Seanad Order Paper. Other The European Securities and Markets Authority (ESMA) has responded to the European Commission request on amendments to the European long-term investment fund (ELTIF) Technical Standards (RTS). In the letter ESMA suggests that there should be a limited number of changes to find the right balance between protecting retail investors and contributing to the capital market union objectives.    Readers are reminded that the Corporate Enforcement Authority’s April newsletter is now available. Highlights include a focus on directors’ disqualification and company law developments. You can read more details here and click to be brought to CEA website where you can sign up for the newsletter. Click here for the European Commission’s news finance hub where readers can subscribe for the newsletter and keep up to date with all the latest EU finance news including digital & sustainable finance, banking, anti-money laundering and sanctions. You can for example read an article on the new AML rules (reported on above) which notes that they will change the EU’s financial crime prevention landscape for good but asks and provides some answers to what will change in practice. On 24 April EU and Member States representatives celebrated 20 years of EU enlargement. President von der Leyen highlighted the many benefits that EU membership brought to the then-new Member States while also underlining the many advantages that the Union itself drew from this enlargement. The Financial Conduct Authority in the UK has issued an Artificial Intelligence (AI) update to outline its approach to AI following the Government’s publication of its pro-innovation strategy on AI. AI The update outlines the FCA’s role and objectives, it’s work so far, its existing approach and its plans for the next 12 months. You can read more about it here. For further technical information and updates please visit the Technical Hub on the Institute 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.  

In the UK the Office of Financial Sanctions Implementation (OFSI) has recently launched a UK Financial Sanctions FAQs webpage. Ninety-one questions and answers are listed including featured FAQs “Are UK entities’ subsidiaries located outside the UK expected to comply with UK sanctions? “and “How do the fees and expenses caps apply? Is it per DP (i.e., for all a DP’s matters across all law firms) or is it per law firm being instructed by a DP?”   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.

The European Parliament has recently adopted a package of laws strengthening the EU’s toolkit to fight money-laundering and terrorist financing. The Anti-Money Laundering and Countering the Financing of Terrorism package consists of a directive and two regulations. These are the sixth Anti-Money Laundering directive, the EU “single rulebook” regulation and the Anti-Money Laundering Authority (AMLA) regulation. Click here for a press release from the European Parliament on the package and here to access the Institute’s dedicated pages on anti-money laundering which have recently been updated to include a page dedicated to European Union developments. We understand from the press release that the laws still need to be formally adopted by the European Council before publication in the EU’s Official Journal. There will also be a process of translation of text and the expectation is that publication of the text will occur in the Official Journal between July and September of 2024. 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.  

In a new report, Tax Wages 2024, the OECD highlights that effective tax rates on wages rose in most OECD countries in 2023. The report also highlights that workers earning the average wage saw a decline in after-tax income in 21 out of the 38 OECD countries. This decline in after-tax income is driven by the lack of automatic indexation of tax credits and bands across most of the OECD. As such, in periods of high inflation workers’ tax liabilities tend to increase as they are pushed into higher tax brackets.

Over the course of several editions of Chartered Accountants Tax News in March and April, we summarised the proposals in HMRC’s consultation “Raising standards in the tax advice market – strengthening the regulatory framework and improving registration” and asked for your feedback. This week we’re issuing a final reminder to let us know your views, especially on the three options presented, mandatory membership of a professional body, a hybrid HMRC and industry enforcement model, or regulation by an independent statutory body. The Institute has condensed all the proposals in this consultation into one document and encourages members to send their feedback to us by close of business on Tuesday 7 May. Email tax@charteredaccountants.ie to let us know your views.  Members may also wish to respond to the consultation themselves (closing deadline is 29 May 2024). To facilitate this, HMRC has launched a consultation survey. Alternatively, you can email raisingstandardsconsultation@hmrc.gov.uk.  

Readers will be aware that last month HMRC announced a series of permanent changes to its helplines which were to begin from 8 April 2024. However, on 9 April, HMRC  announced that the changes were being halted while HMRC “considers how best to help taxpayers harness online services”. Chartered Accountants Ireland recently discussed this with HMRC at its most recent Representative Body Steering Group (“RBSG”) meeting, the highest-level forum meeting for the Professional Bodies. Read on for an update on that discussion and key messages for members.  At the RBSG meeting, HMRC staff made clear that quarters one and two of 2024/25 are likely to see a further decline in services whilst HMRC considers the way forward. A bespoke meeting is expected to take place next month with the Professional Bodies (including the Institute) to discuss further.  Last week HMRC’s Chief Executive and First Permanent Secretary Jim Harra appeared in front of the Treasury Select Committee to provide oral evidence on HMRC service levels. Mr Harra did not rule out returning to the proposed helpline changes but did say that HMRC is reviewing its strategy and that it should have ‘taken more time to go through the evaluation of last year’s trial and spent more time explaining how people would be supported’. Mr Harra also confirmed that from 1 April 2022 to the end of the current financial year, HMRC expects to have to reduce the size of its customer service group by about 5,000 staff but confirmed that there really is only one alternative plan, and that is to deploy more helpline resources. HMRC “currently do not have the funding to do that, but we are of course in discussions with Ministers, following the decision not to go ahead with these changes, about what we will do.”  The Institute and its NI Tax Committee is monitoring this issue and will be attending next month’s bespoke meeting. However, we are disappointed that a request for a bespoke meeting before the formal announcement was made by HMRC last month was rejected and only now is one being set up to discuss our concerns in more detail. Feedback on HMRC services can be sent at any time to the Institute.  The Administrative Burdens Advisory Board (“ABAB”) 2024 Tell ABAB annual survey on HMRC is also currently open until tomorrow 30 April 2024 to feedback on HMRC performance and tax compliance. The survey provides crucial insight on the big issues faced by small businesses in the tax system and is commissioned by the ABAB, an independent body who are passionate about listening to and understanding the needs of the small business community. Results from the survey will be published in a report, which is targeted for publication on GOV.UK in September 2024. 

Last week HMRC picked up a new VAT email scam associated with a QR code. HMRC has posted about this on its social and digital media channels to issue a warning. Essentially HMRC became aware of a small number of cases where the paper bank details variations form (VAT484) has been wrongly used in an attempt to gain access to a business’s VAT repayments.   According to HMRC, action is being taken to address any cases identified to date, including writing to businesses to confirm changes made to their details since January 2024, and putting in place solutions to minimise any further instances. The warnings issued last week are available here:-  X - https://twitter.com/i/status/1782803752388342084; and  Facebook - https://fb.watch/rDBLKlAsfd/.  Anyone receiving any type of phishing attempt should report this to HMRC. 

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 from tomorrow 30 April 2024 we remind you that the next stage in the UK’s Border Target Operating Model commences. HMRC has also provided a new portal which can be used to test the new computerised transit system (“NCTS”) which commences from July 2024.  Next stage in BTOM commences from tomorrow  From tomorrow 30 April 2024, to import live animals or animal products from non-EU countries into Great Britain, you’ll need to:-  find the BTOM risk category for the commodity you’re importing; and  follow the sanitary and phytosanitary rules for that import risk category.  The BTOM categorises live animals, germinal products, products of animal origin and animal by-products as high risk, medium risk, or low risk. Each category has different requirements.  NCTS portal  The new computerised transit system (“NCTS”) phase 5 web portal is expected to be available from July 2024. In preparation for this, HMRC has launched an online service which can be used to test the new portal. Note that any declarations or notifications completed in the service are for test purposes only and will not be submitted to HMRC.  If you are a UK trader, you should use the NCTS to submit electronic transit declarations. The Common Transit procedure can be used for movements between the UK, the EU, and other common transit countries. You must use the system if you’re a trader and want to move goods under the Common Transit Convention. You can keep up to date with news affecting NCTS users by reading the transit newsletters.  Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:-  Customs Importer and Exporter Population 2023;  Customs importer and exporter population 2023: methodology notes;  Customs UK Importer and Exporter Population - business count data tables 2023;  Manage your import duties and VAT accounts;  Importing SPS controlled goods that interact with ALVS;  Data Element 2/3 Documents and Other Reference Codes (National) of the Customs Declaration Service (CDS);  Customs Declaration Completion Requirements for The Northern Ireland Protocol;  Part 1 Tariff Supplement for CDS Volume 3 for the Northern Ireland Protocol; and  Part 2 CDS Declaration Completion Requirements for The Northern Ireland Protocol. 

By realising the full potential of consistent networking, accountants can achieve personal and professional growth. Jean Evans explains why Consistency matters when you start networking. Working out what networks provide a consistent platform with which to engage is a crucial part of the magic sauce to leveraging and getting strategic with your networking efforts. Consistency is crucial for successful networking for several reasons: 1. Consistency builds trust Consistency helps establish trust and reliability among your network connections. When you consistently show up, deliver on promises, and maintain a certain level of professionalism, others are more likely to trust you and be willing to engage with you further. 2. Consistency keeps you relevant Regular interaction with your network helps you stay top-of-mind. If people consistently see your updates, contributions, or engagement within the network, they are more likely to think of you when opportunities arise. 3. Consistency demonstrates commitment Consistency demonstrates your commitment to your network connections, that you value the relationship and are willing to invest time and effort into maintaining it. This can lead to stronger and more meaningful connections over time. 4. Consistency builds credibility Consistency in networking activities, such as attending events, sharing valuable insights, or offering assistance, helps to build credibility. When others consistently see your expertise and willingness to help, they are more likely to view you as a credible and knowledgeable resource in your field. 5. Consistency expands opportunities Consistently engaging with your network expands your opportunities for new connections, collaborations, and career advancements. Regularly networking and nurturing relationships increase the likelihood of coming across new opportunities and being referred for relevant ones. 6. Consistency creates reciprocity Consistent networking efforts often lead to a culture of reciprocity within your network. When you consistently support and provide value to others, they are more likely to reciprocate by offering their support, advice, or opportunities when needed. 7. Consistency makes you adaptable Networking is not just about what you can get from others but also about what you can offer. Consistently engaging with your network allows you to adapt to changes in your industry or profession and remain relevant. It also opens opportunities for learning from others and gaining new perspectives. Reap the benefits Overall, networking consistency helps foster strong relationships, build credibility, and create opportunities for personal and professional growth. You can reap the benefits of a strong and supportive professional community by consistently investing time and effort into nurturing your network connections. Jean Evans is a Networking Architect and founder of NetworkMe

After a decade of little change, the tax regime for research and development in the UK has undergone a ‘credit style’ revamp, writes Liam McHenry  New research and development (R&D) rules for businesses in the UK with an accounting period beginning on or after 1 April 2024 have commenced. These entities are within the remit of the newly merged, research and development expenditure credit (REDC) expenditure scheme – with the exception of “highly R&D-intensive companies”. Companies with over 30 percent of their yearly expenditure qualifying for R&D tax relief can still claim under a restricted version of the SME scheme. Given this high bar, however, it is likely that only small technology start-ups will qualify.  For everyone else, the new rate will provide a benefit worth about 15p per £1 of qualifying expenditure, so not all is lost for those exiting the SME scheme, as a generous tax incentive remains for potential claimants. Reduced complexity? The stated aim of the merged scheme is to reduce complexity for claimants and their advisors. With two schemes remaining post-merger, however, the new scheme is actually more complex than its predecessor.  Subcontracted expenditure had previously been excluded under the RDEC scheme in any meaningful way. Under the new merged scheme, a new system has been put in place with the aim of rewarding whichever party decides to undertake the R&D activity. This adds a new dimension to determining the eligibility of qualifying R&D expenditure insofar as a subcontractor will now need to determine whether they believe their customer knew in advance that a project would require R&D activity. The theory is that this approach will remove the potential for both parties to claim on the same project, but it is easy to see how ambiguity might arise. When agreeing the terms of contracts with customers, claimants must pay additional attention to any clauses relating to intellectual property (IP) generation and whether they indicate that R&D will be required. Taking care at this stage could help claimants identify and preserve their right to claim the corresponding tax relief. Overseas expenditure A restriction on overseas expenditure was also introduced on 1 April 2024. Unless there is a compelling reason why the expenditure could not reasonably have been incurred in the UK, it will not be eligible for inclusion in the claim. However, recognising the unique position of Northern Ireland and its significant integration with the neighbouring Republic of Ireland, claimants can bypass this new restriction. By doing so, they could gain up to a maximum additional benefit of £250,000 every three years. This may require some additional administration, but it is still a welcome reprieve from the restriction, which would have been costly. Increased scrutiny This article offers a summary of the main rule changes coming into effect this month. In reality, there are more of which claimants should be aware. His Majesty's Revenue & Customs (HMRC) has dramatically increased its compliance efforts, with recent revelations from the Public Affairs Committee indicating that upwards of 20 percent of new R&D claims are now under scrutiny. While this fact alone should not be a major concern, it is worth noting that this increased scrutiny often comes with an aggressive stance, beginning with the assumption that R&D claims should be disallowed. The experience of one claimant to another can dramatically vary depending on which caseworker is allocated to the enquiry. Regardless, opening an enquiry can be a prolonged process before a conclusion can be reached. In the event of an unsuccessful enquiry defence, HMRC will be obligated to consider whether any penalties should be levied, depending on whether they determine that the claim was prepared carelessly. In addition, depending on the level of disclosure provided in previous claims made in recent years, HMRC can (and is actively encouraged to) look into these previous claims beyond the normal enquiry window. Planning ahead The implementation of the new R&D tax rules marks a significant shift for businesses heavily reliant on R&D activities for growth and innovation. As businesses adapt to the new regime, strategic planning and collaboration with tax advisors will be essential in maximising the benefits. Liam McHenry is Director of Tax at Grant Thornton