At Meta’s International Headquarters in Dublin, Majella Mungovan’s finance team is already reaping the rewards of using artificial intelligence in day-to-day operations The hype surrounding artificial intelligence (AI) continues to gather pace, as professionals across all sectors consider its potential impact on our future working lives. While many accountants grapple with the scope and reach of this emerging technology, however, Meta – the US-headquartered social media giant – is already several years into using AI in finance processes at its International Headquarters in Dublin.  “Five years ago, we decided we were going to really focus on using machine learning to drive efficiency across our finance team,” explains Meta’s Majella Mungovan, FCA. As Vice President of Financial Operations with Meta in Dublin, Mungovan leads a 150-strong global finance team. “Meta has four large finance operations around the world, one of which is in Dublin, where we serve people globally supported by several hundred people at our outsourcing partner,” Mungovan explains. “We are responsible for all activities relating to revenue as well as everything from accounting and reporting to financial operations, and risk and operational assessments to collections.  “Running a very large-scale operations team means we deal with many millions of transactions every year and doing this in a really efficient and scaled way is very important.” Growth, speed and efficiency The move to incorporate AI into processes at Meta’s financial operation in Dublin coincided with a period of intense growth for the company globally, Mungovan explains. “Meta achieved revenue of $100 billion faster than any other company in history, so we have gone through an enormous growth phase over the past 10 years,” she says. “When your company is undergoing explosive growth like this, speed, efficiency and scale are essential. Tasks you might be able to do manually in a slower moving environment have to be done faster and, for us, this meant looking at new technology to help us reach our goals.” Founded in February 2004, originally under the name Facebook, Meta opened its first Irish office in Dublin in 2009 with a team of just 25.  Now, with over 2,000 employees across 80 teams, the company’s new International Headquarters opened in Ballsbridge in Dublin in October 2023. It has additional sites in Co. Meath, where its data centre is located, and in Co. Cork, home to Meta’s Reality Labs.   Since its launch in Ireland, Meta has also undergone rapid growth globally, acquiring Instagram in 2012 followed by WhatsApp two years later. Employing over 66,000 people around the world, the tech giant continues to record milestones, with Facebook’s daily active users reaching a mammoth two billion in February 2024. Automation: first steps “When our global finance team in Dublin started looking at how we might use technology to help manage the sheer volume of work we were dealing with, our first step was to consider very basic automation rules,” Mungovan says. “We built some fairly rudimentary machine learning models that could make some decisions on our behalf. Each machine learning model is essentially an algorithm.  “You ‘plug in’ a large number of criteria to assess whether or not a decision needs to be made and the model learns and improves over time.  “Our first use case was the credit decisioning process, using internal and external data related to customer-recommended decisions. Over time, our machine learning models have become increasingly sophisticated to the point now where they can reliably cover the vast majority of our decisions where they have been rolled out.”  Mungovan’s team has also been exploring how natural language processing might be used to automate some parts of the revenue processes used in customer support. “We are operating in a very heavily automated world. In the last year in particular, we’ve been able to explore new technology Gen AI and this has allowed us to really accelerate the progress we’ve been making in automation over the last five years,” she says. “We can now move to touchless processes and transactions in a much more complete and efficient way – for example, with the helpdesk for our finance team.  “When a customer gets in touch and says, ‘I need help with my invoice,’ we can plug in different AI agents so we can see who the customer is and what kind of problem they are facing with their invoice.  “The agents can read the customer’s messages and communicate with them, in many cases resolving the issue and, in others, ensuring the query reaches the right people so it can be resolved and the ticket closed out quickly.” Accuracy and speed are essential when it comes to customer care. “Our priority is that the customer gets the answer they need as quickly as possible and that, at the same time, we are operating as efficiently as we can in resolving issues before they escalate or cause friction internally,” Mungovan says. Her team is also now using machine learning for cash flow forecasting. “This helps us to understand the customer’s payment behaviour,” Mungovan explains. “If there is any deviation from that, we can very quickly and accurately predict what free cash flow will look like across the company.” What to expect Based on her experience working with AI and machine learning for the first time, Mungovan says that careful preparation is a must at the outset. “It’s a huge learning curve for everyone involved, particularly those of us from a finance background who have to get to grips with a new technology that, in turn, can have a big impact on how we do our work, and on our capabilities,” she says. “My advice is to get out there and find out what other professionals and organisations are doing. Attend conferences and other events, read papers and case studies. Keep an eye on what people are sharing and reach out and ask questions.” Preparing to introduce AI for the first time will likely take “a lot longer” than you expect, she adds.  “You’re going to have to bring a lot of people through the process and everyone will want to make sure that the new model is working and fit-for-purpose before it’s introduced into the ‘live’ working environment. You’re looking at a learning phase of at least 12 months before you can expect to see any kind of return-on-investment.” Machine learning models need to learn and that takes time, Mungovan says. “They tend to generate a lot of false positives at the outset. It probably took us two years to get to a place where our models were really starting to generate a decent return-on-investment, but once we had some traction, they evolved very quickly after that.  “Now, we regard the project beyond its ability to deliver greater efficiencies; we also think about it from an assurance perspective. We have monitoring programmes running continuously in the background, looking for anomalies, exceptions and errors.  Now that Meta’s finance team in Dublin is using AI day-to-day, Mungovan is confident that the technology will play an even bigger role in the years ahead. “Our large language models are becoming more and more helpful to us. The technology environment continues to evolve all the time. What we have now, we didn’t have six months ago. It’s quite extraordinary.” North Star Mungovan’s North Star is, she says, that all finance processes become “as ‘touch pointless’ as possible”. “I want my team examining anomalies and fixing issues at root, rather than having to deal individually with problems as they arise – right across the board from calculation and booking accounting entries to reconciliations, preparing commentary, analysing the movement on a general ledger account or managing expense categories.” Based on her own experience implementing AI, Mungovan believes the technology has great potential to elevate the role of Chartered Accountants and other financial professionals in the future. “I think the way we’re using technology in our own finance team at Meta really convinces me that AI and technological advancements will create more senior and sophisticated roles across finance and other functions,” she says.  “Meta is a very large company with ambitions to become an even larger company. We are growing so rapidly that we need to figure out efficient ways of scaling. AI and machine learning is delivering these efficiencies for our finance team. It is making us faster and improving our capabilities.”  Opportunity for the profession Mungovan believes the use of AI in accounting will become “the norm” in the years ahead as more and more organisations and professionals adopt the technology to support and enhance the finance function. “I remember when I was training to become a Chartered Accountant, people then were asking the same questions about technology and how it would affect the future of the profession, the jobs we do and the way we work. At that time, the big focus was Microsoft Excel and how it was going to reshape accounting norms,” she says. “I view AI in a similar light today. Over time, AI as a tool will fundamentally change the role of the accountant in the same way Excel transformed how things were done 20 or 30 years ago.  “AI will have the same kind of impact. It won’t replace the role of the accountant, but it will become a widely used tool, which will allow us to be more effective in our jobs.  “Ultimately, I think AI is something to be embraced rather than feared. I am really excited about the possibilities this technology will offer our profession. Rather than be frightened, people should see opportunity – and I think this opportunity will be immense.”

Ian Drennan, CEO of the Corporate Enforcement Authority, outlines the State agency’s plans and priorities for 2024 and beyond Collaboration between State regulators, statutory bodies and professional membership organisations, such as Chartered Accountants Ireland, is set to deepen as Government efforts to crack down on white collar crime and corporate corruption continue in the years ahead. “There is very significant work ongoing at State level seeking to further enhance Ireland’s capacity to tackle economic crime,” Ian Drennan, Chief Executive of the Corporate Enforcement Authority (CEA), explains. “The Advisory Council against Economic Crime and Corruption is developing a national strategy and the CEA is heavily involved in the formulation of that draft strategy for consideration by Government.” Dealing with economic crime into the future and ensuring that Ireland is “at the vanguard” of the highest standards in business regulation will require a significant level of State collaboration with the private sector and bodies such as Chartered Accountants Ireland, Drennan says. Corporate Enforcement Authority The CEA was established in July 2022 with the commencement of the Companies (Corporate Enforcement Authority) Act 2021, replacing the Office of the Director of Corporate Enforcement. Leo Varadkar, who was then Tánaiste and Minister for Enterprise, Trade and Employment, said the new agency would have “real teeth” with the autonomy and resources needed to thoroughly investigate suspected wrongdoing, such as fraudulent trading and more complex company law breaches. The Act invested the CEA with the autonomy to appoint its own staff and structure itself to meet evolving demands in the future.  The CEA’s budget has been increased by 30 percent and its approved civilian staff complement by 14 additional officers. The Government has also increased the number of members of An Garda Síochána seconded to the CEA from seven to 16.  “This increased level of resourcing gives us capacity to deal with a greater caseload of suspected non-compliance with company law, be it civil or criminal in nature,” Drennan says. “The investigations that we conduct can be document-heavy and complex, with indications of wrongdoing regularly involving suspected serious offences under company law as well as crossing over into other codes of legislation, such as theft, fraud and money laundering,” Drennan explains. “One of the strengths of the CEA is its multi-disciplinary structure. In addition to having at our disposal both accounting and legal professionals, the Gardaí embedded within the organisation bring with them the full suite of powers that they enjoy as sworn police officers.  “This means that, when we are conducting investigations, they can apply to the District Court for warrants under other codes of legislation where the need arises. As a consequence of this organisational capability, it is commonplace for us at this stage to submit files to the Office of the Director of Public Prosecutions with recommendations for charges under both company law and other legislation.” Scope and remit The CEA’s remit spans investigation, prosecution and supervision of the corporate insolvency process as well as advocacy.  “While we investigate potential breaches of company law, that is only one side of the equation. We also place great importance on promoting compliance with company law, which we seek to do by providing accessible guidance to company directors and through our outreach activities,” Drennan explains.  The “vast majority” of companies will never have any kind of direct engagement with the CEA, he adds. “Most company directors are trying to do the right thing; we know that. They have a raft of challenges to deal with at the moment – high interest rates, inflation, rising energy costs and tight labour markets. “They must manage a wide range of legal and regulatory obligations, ranging from tax and health and safety to company law. In our experience, most company directors try to meet those obligations on an ongoing basis and to a high standard.” It is important that the CEA acts in a proportionate and resource-efficient manner and that the enforcement action chosen is commensurate with the underlying issues, Drennan adds.  “Where appropriate, we try to resolve issues of non-compliance on an administrative basis and without recourse to statutory powers. In other instances, that approach will not be appropriate and a more formal, or robust, approach will be warranted,” he says. The CEA also provides guidance to assist company directors in discharging their responsibilities under company law in what Drennan terms a “relatively non-technical and easy-to-understand forum”. “Prevention is better than cure and, in that context, the CEA’s website hosts a range of information and guidance materials that seek to assist company directors in understanding their duties and obligations and shareholders, creditors and the wider public in understanding their rights,” he says. “It is much more cost-effective from our perspective to assist people in complying with the law in the first instance.” Company law amendments Drennan welcomes the recent publication of the General Scheme of the Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 by Minister of State for Trade Promotion, Digital and Company Regulation, Dara Calleary, TD. Announcing its publication on 15 March, Calleary said the Act would introduce “practical, pro-enterprise” reforms in support of a competitive economy while also maintaining a robust company law framework.  Amendments proposed in the Bill include allowing companies and industrial and provident societies to hold virtual general meetings when the current COVID-related interim legislation expires at the end of the year. It also proposes removing the automatic loss of the audit exemption in respect of the first instance of late filing with the Companies Registration Office by small and micro companies. Drennan particularly welcomes proposals to create new offences regarding the obstruction and intimidation of CEA officials.  “These proposals send out the very clear signal that obstructing or threatening a CEA officer will not be tolerated and that anyone who does so risks facing a lengthy term of imprisonment,” he says. “Balance is important. Company law is crucial, but it must support business as well as safeguarding responsible ways of doing business. “Company directors can forget to file an annual return; they can forget to hold an AGM. These oversights can be rectified relatively easily.   “Their interaction with us in these instances could amount to just one or two letters to close the whole thing out. Generally speaking, the more co-operation we get, the more positive our disposition; the more people are willing to work with us, the less painful the exercise will be.” Beyond correspondence, the “next level up” in the CEA’s enforcement activity tends to involve civil enforcement, Drennan explains. “Our remit extends to the close to 300,000 businesses registered in Ireland. We deal with everything from ‘mom and pop’ operations, SMEs, charities and not-for-profits, all the way up to companies whose securities are publicly listed,” he says. Civil enforcement can involve director restrictions and disqualifications, as well as court applications for the purpose of seeking orders compelling companies, directors and other relevant parties, such as liquidators, to comply with their statutory obligations as regards restrictions and disqualifications. “We receive approximately 700 liquidators’ reports every year, so the process that flows from those reports, which includes scrutinising director behaviour and offering undertakings, accounts for a sizeable portion of our work,” Drennan says.  “Where directors choose to accept undertakings, they can avoid going to the High Court with the time and financial outlay that tends to involve. “Beyond this, the most invasive work we do involves investigations into serious suspected wrongdoing.”  This work tends to be complex, protracted in nature and frequently involves litigation, Drennan says.  The CEA has significant enforcement powers, including scope to issue directions, to enter and search premises under warrant, to arrest (a power conferred upon CEA officers who are also members of An Garda Síochána), and to bring summary criminal prosecutions in the CEA’s own name as well as to refer files to the DPP. “This is the part of our work that might involve a knock on the door at 6am but this is not, thankfully, required in the vast majority of cases we deal with,” Drennan says. Complaints, reports and referrals The CEA receives hundreds of complaints from members of the public each year as well as statutory reports from auditors and liquidators and statutory referrals from other State bodies, such as the CRO, the Revenue Commissioners, An Garda Síochána and the Central Bank of Ireland. “We also open investigations on our own initiative – as a result of media reports or our own analyses, for example,” says Drennan. Emerging trends The number of liquidator reports the CEA is responding to has risen markedly in 2024.  “They dropped during COVID because of businesses being closed and debt warehousing. Now, they are returning to pre-COVID levels, which in turn is driving up the numbers of restrictions and disqualifications,” says Drennan.   “At the same time, the Companies Registration Office has recommenced the involuntary strike-off of non-compliant companies deferred during COVID.   “A subset of these entities fall within our enforcement remit where directors have simply ‘walked away’ from insolvent companies owing debts rather than putting them into liquidation. “Those directors face the likelihood of being disqualified from acting as company directors, as that is not an appropriate or responsible manner in which to behave.” Looking to the future, Drennan concludes: “Our vision for the future is to continue to build the CEA’s presence, to continue to enhance operational capability, and to assist the vast majority of directors who are trying to do the right things by continuing to provide high quality, and accessible, information and guidance resources.  “By doing this and working with other stakeholders in the public and private sectors, the objective is to enhance Ireland’s reputation as a safe and well-regulated economy in which to do business and create employment.”

We have compiled the latest updates to various HMRC VAT publications, briefs and guidance. Readers should note that there are also numerous updates to VAT guidance and rules due to the UK’s departure from the EU. Who should register for VAT (VAT Notice 700/1); How VAT affects charities (VAT Notice 701/1); Change your VAT registration details; Buildings and construction (VAT Notice 708); Insolvency (VAT Notice 700/56); Group and divisional registration (VAT Notice 700/2); Claim a VAT refund for a new home or charity building if you're a DIY housebuilder; Claim a VAT refund for a conversion if you're a DIY housebuilder; Local authorities and similar bodies (VAT Notice 749); Claim a VAT refund as an organisation not registered for VAT; Insolvency (VAT Notice 700/56); Who should register for VAT (VAT Notice 700/1); Health professionals and pharmaceutical products (VAT Notice 701/57); Registering groups, divisions and joint ventures for VAT; How to fill in and submit your VAT Return (VAT Notice 700/12); Send details to support your VAT repayment claim; Check if you can register for the VAT Import One Stop Shop Scheme; Submit your Import One Stop Shop VAT Return; Register for the VAT Import One Stop Shop Scheme; Insolvency (VAT Notice 700/56); Refunds of UK VAT for non-UK businesses (VAT Notice 723A); Pay the VAT due on your One Stop Shop VAT Return; Burial, cremation and commemoration of the dead (VAT Notice 701/32); Revenue and Customs Brief 1 (2024): Live web streaming of funeral services; and Women's sanitary products (VAT Notice 701/18).  

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. Miscellaneous updated guidance etc. Recently updated guidance, and publications relevant to EU exit are set out below:- Data Element 2/3: Documents and Other Reference Codes (Union) of the Customs Declaration Service; Data Element 2/3 Documents and Other Reference Codes (National) of the Customs Declaration Service (CDS); Data Element 2/3: Document and Other Reference Codes: Licence Types — Imports and Exports of the Customs Declaration Service (CDS); Moving parcels from Great Britain to Northern Ireland under the Windsor Framework from 30 September 2024; Check last dates for deferment period adjustments in the Customs Declaration Service; and Simplified Customs Declaration Process: notification of non monetary amendment.

This week we bring you news about VAT reciprocity with Italy and HMRC has provided an update on specified supplies registration for VAT. HMRC has also published details of VAT services being removed later this month from its legacy Online Service for Agents and the latest Agent Update is also available. VAT reciprocity with Italy Following successful negotiations of a bespoke reciprocal agreement with the Italian Government, UK businesses not established in Italy will be able to claim refunds of VAT paid on goods and services in Italy relating to their business activities. UK businesses can claim these VAT refunds under the EU’s 13th Directive process. Tax representatives will not be able to make these claims. The agreement will have retrospective effect from 1 January 2021. Claims submitted on or after this date to the Italian Revenue Agency (Agenzia delle Entrate) will be considered valid. All claims for VAT refunds must meet the eligibility criteria and application requirements set out by the Italian tax authorities to be paid. For details on how to claim a VAT refund, visit the Agenzia della Entrate website. Update on specified supplies registration HMRC was recently made aware of problems encountered when attempting to register for VAT due to making specified supplies. Specified supplies are supplies of certain financial services which would usually be exempt but can be treated as taxable if certain criteria are met. This gives rise to the option of voluntarily registering for VAT to recover input tax incurred on such supplies. Given that these supplies are part of a group that are usually exempt, the rules behind our registration service are programmed to reject applications that include a SIC code relating to these supplies. The consequence of this is that applications are being rejected when a person applies to voluntarily register under para 10 sch1 VATA 1994 due to making specified supplies. HMRC has listened to these concerns and, as of February 2024 updated the rules behind the VAT registration service (“VRS”) so that when a person applying under these circumstances enters the words ‘SPECIFIED SUPPLIES’ in the ‘Business Descriptions’ free text box when applying, the application will not be rejected. Section 2.7 of VAT Notice 700/1 has also been updated to this effect and HMRC is now considering the most appropriate place to include an update in VRS itself to best support those applying. Removal of services from HMRC’s legacy Online Service for Agents   From 16 April 2024, HMRC will remove some functionality from agents’ legacy VAT services. From that date agents will no longer be able to use the Online Service for Agents to submit a VAT return, set up or amend a direct debit or change VAT registration details on behalf of a client. This does not impact services within the Agent Services Account. From 16 May 2024 the remainder of legacy VAT services (the view account and view submitted returns functions) will also be withdrawn. More information is set out below “Why is this happening?  We are in the process of decommissioning our outdated legacy computer system.  Our customers were moved to a new IT platform when we introduced Making Tax Digital for VAT. Agents and a small number of customers still have access to the legacy VAT services. Amendments made in the legacy system do not automatically update customer records on the new platform. This can lead to a delay in updating records.  How this affects agents  Agents must use the ASA to transact on behalf of their VAT clients and should no longer use the legacy Online Service for Agents. You will be unable to create/amend Direct Debits on behalf of your client using the legacy Online Service for Agents. Your client will need to self-serve through their VAT Online Account, this ensures that banking regulations are adhered to. The VAT C9 form is available for use if more than one signature is required on a Direct Debit Instruction (DDI).   Please be aware that amendments you make to client details via the Online Service for Agents until closure will not be automatically reflected in your clients’ records. This includes DDI amendments, which could result in delayed payment to HMRC and prevent repayments reaching your client on time. Please refrain from using this service to advise us of any changes with immediate effect.  Use your ASA to advise HMRC of changes to your clients VAT account, view their account, view submitted returns, print a VAT certificate, cancel a VAT registration, and print VAT returns on behalf of your client.  If you are not yet authorised to represent your client via the ASA, you will need to complete a Digital handshake. For information on how to do this please visit the following link: https://www.gov.uk/guidance/how-to-use-the-digital-handshake-to-get-authorised-as-a-tax-agent.  How this affects clients  The majority of clients will be unaffected by this change, they will be automatically logged into the new IT service when they access their VAT online account via their Business Tax Account.   The small number of clients who still have access to the legacy IT service will not be able to submit a VAT return, set up or amend a direct debit or change VAT registration details. Clients affected will be directed to the new service by relevant guidance.   VAT returns should be made through MTD compatible software unless we have granted an exemption.  Clients must have a Government Gateway user ID and password to access the latest VAT online account.  For assistance in gaining access Government Gateway, please follow this link: https://www.gov.uk/log-in-register-hmrc-online-services/problems-signing-in.”  Agent Update 118 Agent Update: issue 118 is available now. Get the latest guidance and information including:- Construction Industry Scheme (CIS) changes from 6‌‌‌ April‌‌‌ 2024; National Insurance contributions rates changes reminder; The Investment Zone direct tax offer; The VAT margin scheme – your clients may need to act before 30 April 2024; and GOV‌‌‌.UK One Login – a new way to access HMRC’s online services for some customers.

The new tax year 2024/25 begins later this week on 6 April 2024 after the new financial year 2024 commenced yesterday on 1 April 2024. 5 April 2024 is also the deadline to claim certain allowances and reliefs from the previous four tax years including claims for the marriage allowance which are still in time for the tax year 2019/20. Let’s take a look at some of the key tax changes which take effect. R&D tax relief Last month, Finance Act 2024, Schedule 1 (Research and Development) (Appointed Day) Regulations 2024 was published and appointed 1 April 2024 as the day when Schedule 1 of Finance Act 2024 will come into force (i.e. applying to accounting periods beginning on or after 1 April 2024). This schedule introduces the merged R&D tax relief scheme in addition to the additional relief available for loss-making R&D-intensive SMEs via a higher rate of payable tax credit. National Insurance Contributions (“NICs”) As announced in the recent Spring Budget, from 6 April 2024, the following changes to the rates of NICs will take effect:- The main rate of Class 1 employee NICs will reduce from 10 percent to 8 percent; and NICs rates for the self-employed across the UK will reduce to 6 percent from 9 percent as a result of a combination of the 2 percent cut announced in the Spring Budget 2024 and the 1 percent cut announced at Autumn Statement 2023. From 6 April 2024, self-employed individuals with profits above £12,570 will no longer be required to pay Class 2 NICs but will continue to receive access to contributory benefits including the State Pension. Anyone with profits between £6,725 and £12,570 will continue to get access to contributory benefits including the State Pension through a National Insurance credit without paying NICs, as they do currently, and those with profits under £6,725 and others who pay Class 2 NICs voluntarily to get access to contributory benefits including the State Pension, will continue to be able to do so. HMRC would like to remind agents/taxpayers that taxpayers who are in self-assessment for reasons such as receipt of rental income or they are subject to the High Income Child Benefit Charge, and who, at a later date, become self-employed or become a partner in a partnership are still required to register with HMRC for Class 2 NICs. This will ensure that from 6 April 24, if you meet the above profit thresholds, Class 2 contributions will be treated as having been paid to protect your National Insurance record. Alternatively, if profits are under £6725 you will have the opportunity to voluntarily pay Class 2 contributions to avoid gaps in your National Insurance record. An article on this features in the most recent Agent Update. Miscellaneous The highlights from a range of other changes are set out below:- The dividend allowance will reduce to £500 from £1,000 from 5 April 2024; From the same date, the capital gains tax annual exemption will reduce from £6,000 to £3,000; From 1 April 2024, the rate of Plastic Packaging Tax increased in line with the Consumer Price Index; From 1 April 2024, both the national living and minimum wages were increased; The cash basis becomes compulsory for all unincorporated businesses from 6 April 2024; and From 2024/25, the tax year basis becomes the basis of assessment for all unincorporated businesses.

Last week we examined option one in HMRC’s long planned consultation on “Raising standards in the tax advice market” which proposes mandatory membership of a recognised professional body and is clearly HMRC’s preferred option. This week we are seeking your feedback on option two, a hybrid regulatory model in of joint HMRC and industry enforcement and encourage you to share your views with us by Tuesday 7 May 2024. Next week’s edition of Chartered Accountants Tax News will set out more information on the final option, regulation by a separate statutory government body in addition to approaches to strengthen the controls on access to HMRC’s services for tax practitioners. Joint HMRC and industry enforcement Under this option, HMRC and industry would monitor and raise standards of the market. Unaffiliated tax practitioners would have to be supervised by HMRC and professional body members would be subject to the supervisory requirements of their professional body. Note that this option is unlikely to beHMRC’s preferred option. More information on this option is set out in Chapter 6. Tax practitioners in scope of the regulatory framework would be required to become and remain a member of a recognised professional body or be supervised by HMRC to provide tax advice and tax services. According to the consultation document, this would provide greater market flexibility as tax practitioners would have a choice of either becoming a member of a professional body or being unaffiliated with any professional body and instead being supervised by HMRC as a tax practitioner. Professional bodies’ responsibilities would remain the same, which includes maintaining oversight and supervision for their members and ensuring they meet the appropriate standards. They would also remain responsible for acting where members are found to be in breach of the standards required of them. This would build on the supervisory role professional bodies currently undertake to maintain professional standards amongst tax practitioners. They would not be expected to oversee the unaffiliated market. HMRC believes that as for option one, this would have minimal impact on current professional body members who meet expected standards. Under this approach HMRC would take a greater role in maintaining and raising standards of those tax practitioners who are unaffiliated with a recognised professional body. HMRC would undertake checks of those being supervised, beyond those being proposed under mandatory registration (see Chapter 5). Checks could include adherence to the ‘Standard for Agents’ and/or complete and certify that they have met appropriate continuing professional development requirements. The practitioner would be expected to declare annually that they continued to meet requirements. Additionally, HMRC would carry out ongoing risk-based checks to ensure tax practitioners continued to meet requirements and would be responsible for enforcement when tax practitioners do not comply with standards. This approach would therefore require investment to expand HMRC’s role beyond its current role of administering the tax system and supervising some tax practitioners for AML. The ability of this approach to raise standards in the market will be dependent on the supervisory role undertaken by HMRC. However, HMRC taking on a strong supervisory role of tax practitioner professional standards whilst administering the tax system could create a conflict of interest. This is because HMRC could be perceived as acting as both judge and jury, as the department would be responsible for checking both tax compliance and setting and enforcing standards of tax practitioners, for example, where there is a difference in interpretation of the law, or where the tax practitioner considers they are acting in the best interest of the client even though HMRC disagrees with the outcome. Other risks include the added complexity in the market for example, the potential for there to be different requirements and levels of oversight and enforcement for HMRC-supervised tax practitioners compared to professional body-supervised tax practitioners. This could cause confusion and complexity for clients and start a race to the bottom if HMRC and professional bodies had differing requirements. The government would be cautious about creating a dual system of regulation that could undermine the objective of supporting consistent standards and enforcement in the pursuit of creating a level playing field.

The Financial Reporting Council (FRC) has today issued amendments to Irish and UK accounting standards which conclude the ongoing periodic review of the FRS 100 to FRS 105 standards, and significantly, FRS 102. Periodic reviews take place approximately every 5 years and consider issues which may merit changing the extant standards, including developments in IFRS Standards, feedback from stakeholders and new or developing topics that need to be addressed in an accounting standard. These amendments represent the completion of the second periodic review of the standards. In late 2022/early 2023, the FRC issued FRED 82 which set out the proposed amendments to the standards as part of the periodic review. The Institute issued a response to this in 2023. Some of the key amendments made by the FRC include; Significant changes to lease accounting for FRS 102 preparers, with many leases now being required to be recognised on the balance sheet. These new rules are consistent with the requirements of IFRS 16 Leases, but will include some simplifications whereby certain leases will be exempt from the new requirements (notably for short-term leases & low-value assets). There will also be other practical simplifications relating to rates used, contract modifications and sale & leasebacks. No significant changes have been made to lease accounting under FRS 105 compared to the current standards. Significant changes to revenue recognition requirements under both FRS 102 and FRS 105. The revenue recognition sections of both standards have been retitled & rewritten based on IFRS 15 Revenue from Contracts with Customers. A central feature of the new requirements in both standards is the incorporation of a five-step revenue recognition model. The new model is intended to provide a single comprehensive framework for revenue recognition. Some simplifications are included in the standards compared to IFRS 15 (with further simplifications offered in FRS 105 for micro-entities). Other changes to FRS 102 arising from the periodic review include; Section 2 Concepts and Pervasive Principles has been rewritten to align with the IASB’s Conceptual Framework for Financial Reporting. A new Section 2A Fair Value Measurement has been introduced, replacing the previous appendix to Section 2. A new paragraph 3.8A has been added to section 3 of FRS 102, requiring disclosure of the fact that financial statements have been prepared on a going concern basis, confirmation that management has considered information about the future as well as any significant judgements made in assessing the entity’s ability to continue as a going concern. Section 7 Statement of Cash Flows has been amended to introduce disclosure requirements relating to Supplier Finance Arrangements. Section 1 has also been amended to exempt qualifying entities from making these disclosures (subject to equivalent disclosures being made in its consolidated financial statements). The ability for a company to newly adopt the recognition and measurement provisions of IAS 39 as an accounting policy choice under section 11.2 of FRS 102 will be restricted to situations where adopting the option is necessary to achieve group consistency. The effective date for most of the proposed amendments is periods beginning on or after 1 January 2026. Early adoption is permitted, provided all amendments are applied together. There is one exception to this relating to the supplier finance arrangements amendments which are effective for periods beginning on or after 1 January 2025. The FRC decided not to amend the standard to incorporate the expected credit loss model from IFRS 9 into FRS 102, but have noted their intention to reconsider this matter in the future.

From the Institute's  Professional Accounting team : Introduction On 15 March 2024, the Irish Department of Enterprise, Trade and Employment (DETE ) published the General Scheme of Companies (Corporate Governance, Enforcement and Regulatory Provisions) Bill 2024 (“General Scheme”) to make amendments to Companies Act 2014 (CA 2014).Please click here for the press release on the General Scheme. Click here for the text of the publication and the regulatory impact analysis of the General Scheme. Readers may recall that DETE conducted a public consultation on proposals to enhance the CA 2014 (“Consultation”) last year. The Institute responded to that consultation and you can click here to see the response. The General Scheme is wide ranging, and we set out below some of the proposed provisions which if enacted may be of interest to members. Please also refer to the Corporate Enforcement Authority’s press release and accompanying note dated 15 March 2024 which provides detailed information on proposed enhancements to the CEA’s powers and some proposed new offences. Electronic meetings There are proposals to put electronic participation in meetings on a permanent statutory footing and to include provisions for notices, quorum and proceedings and virtual voting at such meetings. Readers may recall that in December 2023 these provisions which were introduced during the pandemic were temporarily extended to 31 December 2024. Audit exemption A change to the rules regarding the loss of audit exemption for companies which fail to file their annual return on time is proposed. It is proposed that if a small company fails to file its annual return with the Companies Registration Office for a second or subsequent time within a period of 5 consecutive years, then the company will lose its ability to claim audit exemption. The current legal position is that the exemption is lost after one failure to file. This proposal is welcomed by the Institute which has lobbied for some time for the change. The Institute recognises the importance of companies complying with legal obligations as regards the publication of financial information. However, it considers that the loss of audit exemption for two years for a late filing to be an overly punitive sanction. Provisions relating to receivers Some changes relating to receivers are proposed. New provisions are proposed requiring the provision of further information on Form E8 which is filed upon the receiver’s appointment. The further information includes details of nature of assets, date and nature of appointment, information regarding future trading where practicable, and other prescribed information. Also, it is proposed that the time limits for filing the receiver’s abstract (Form E9) upon cessation of acting as receiver and notice of cessation of receiver (Form E11) will now be 7 days. Provisions concerning entitlement to remuneration of receivers are proposed in line with existing provisions in the CA 2014 concerning entitlement of liquidators to remuneration. Members, creditors, and prescribed persons can request information regarding receivers’ terms and fees, and requests must be dealt with within 7 days. It is proposed to extend the existing power of the court to fix remuneration of a receiver. Matters to be taken into account for receivers under these proposals include time spent, complexity of the case, exceptional responsibility on receiver, effectiveness of receiver, value, and nature of the property. This mirrors existing provisions for remuneration for liquidators in the CA 2014. DETE had suggested in the Consultation last year that there is merit in amending the CA 2014 to provide that receivers are subject to minimum qualifications along the lines of the qualification requirements for liquidators as set out in the CA 2014. However, there are no such proposals in the General Scheme. Provisions relating to SCARP The provisions relating to SCARP are largely technical amendments and corrections of the Companies (Rescue Process for Small and Micro Companies) Act 2021. Much of the amendment is also to make provision to give notifications “in prescribed form” to the Registrar of Companies and court.  An amendment to the section on the process adviser’s (PA) remuneration costs and expenses proposes that the court can ask the PA for a written report where the PA did not make use of the services of the staff and facilities of the company to which they were appointed where the court is considering any matter relating to the PA’s costs, expenses, and remuneration. Winding up Most of the amendments are to make provision to give notifications “in prescribed form” to the Registrar of Companies. The only proposal of note is an amendment to the section of the CA 2014 which imposes an obligation on a liquidator to apply to the Court for the restriction of a director or directors of an insolvent company. The liquidator may be relieved of this obligation by the CEA. The proposed amendment is to make explicit that the obligation on liquidators endures all the way through to the end, which includes to the end of all appeals proceedings against restriction orders. Strike off and restoration Three new grounds for involuntary strike off are proposed, failure to notify of a change in registered office, no current company secretary recorded and failure to deliver beneficial ownership information. There are some consequential amendments proposed on foot of the three new proposed strike off grounds. These three new proposed grounds will not give rise to disqualification of the directors and the new proposals include the steps to be taken to avert continuation of the strike off under the three new grounds. Provisions relating to the Corporate Enforcement Authority Changes include for example mechanisms for the CEA to receive details of restriction and disqualification orders and reliefs to restricted persons more quickly than at present. An amendment is proposed to section 393 of the CA 2014. This section requires an auditor to notify the CEA if during the course of an audit the auditor comes into possession of information leading them to form the opinion that there are reasonable grounds to believe a category 1 or 2 offence under the CA 2014 has been committed. The amendment requires the auditor to furnish the CEA with copy books and documents or extracts (the current provisions require grant of access to books and documents) and a signed assurance from the audit partner that they are exact copies. New offences of obstruction and intimidation are proposed. Please see the CEA press statement issued 15 March 2024 and accompanying note for a fuller summary of the proposals of the General Scheme which relate to the CEA. Provisions relating to IAASA It is proposed that IAASA will have power to issue an interim notice imposing restrictions on a statutory auditor that a possible relevant contravention has been committed and that it is appropriate in the public interest to do so .Relevant contraventions could be but are not limited to failure to obtain sufficient evidence to support an issued audited opinion, repeated significant deficiencies in standards of audit work or significant breach(es) of independence or ethics rules. IAASA will invite and consider submissions received from the restricted person and will within 21 days either confirm vary or revoke the interim notice. The restrictions remain in place until the investigation is complete. An interim notice will be reviewed every 6 months or a shorter period and automatically expires after 18 months unless a further interim notice is issued. IAASA will be required to make regulations regarding procedures to be followed under this proposal. Other Other miscellaneous proposals which might be of interest is a section whereby a company can provide voluntary information in its annual return on gender balance of its board of directors. The information would be collected for statistical purposes only. There are also proposals for multi located execution of documents and a proposed amendment so that weekends and public holidays are excluded from the time counted towards the minimum 48 hour notice required to appoint proxies. 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 Institute draws the attention of members and firms to proposed changes to the Institute’s PII requirements. PII arrangements are developed jointly by the Institute, the Institute of Chartered Accountants in England and Wales (ICAEW) and the Institute of Chartered Accountants of Scotland, and the three chartered bodies have participated in a review of these joint PII arrangements, led by ICAEW. Institute members and firms will be aware of this review, which included a public consultation that members and firms were invited to participate in. The main proposed changes to the PII requirements which are being considered by the Institute’s Professional Standards Board following that review, are: The minimum limit of indemnity will increase from £1.5m to £2m. For firms with a gross fee income which is below £800,000, the minimum limit will be two and a half times the firm’s gross fee income, subject to a minimum of £250,000 (this is an increase from £100,000). Larger firms with gross fee income over £50m will not be required to put in place ‘qualifying insurance’ but must have in place appropriate arrangements which will be monitored. (Currently this approach is available to firms with 50+ principals.) For firms that will be required to put qualifying insurance in place, the maximum aggregate excess should not exceed the higher of £3,000 or 3% of a firm’s gross fee income. (And euro equivalents). The Institute’s current PII requirements are set out in Chapter 7 of the Public Practice Regulations.  Any decided changes to the Institute’s PII requirements will be reflected in updated versions of same, which will be made available to members and firms through the usual channels in due course. However, as the principles have the support of the Professional Standards Board, in the interest of giving Institute members and firms timely notice of these proposed changes we are providing you with this information at this stage. If approved, the changes are likely to be effective from 1 September 2024, and apply to policies taken out or renewed from that date. Institute members and firms may wish to check with your PII provider whether any of the proposed changes will impact your policy, and ensure you leave sufficient time to prepare for your renewal this year. Members or firms who have any queries in relation to these proposed changes can contact the Institute at professionalstandards@charteredaccountants.ie. Further information on the review of the PII arrangements is available on the ICAEW website here.

Alan T. Ennis FCA is a board director, advisor and former CEO and president of Revlon Inc. His experience has taught him the power of pride in his achievements and advocating for himself. What do you value most about your membership of the profession? In everything I’ve done here in the US, my qualification as a Chartered Accountant has been the most valuable jewel in my chest of knowledge. Even today, my finance background continues to be invaluable in terms of buying and selling businesses, understanding capital structures and capital markets.  It has been the same throughout my career. I put a lot of my progression at Revlon down to my training. I could understand financial statements, I understood the importance of profitability and cash and how investments work. I could talk to the Board of Directors in those terms and it was invaluable. What advice would you have for other Chartered Accountants thinking of moving to the US? My advice is to make sure you start to connect with other Chartered Accountants over here straight away – and there are lots of us in New York, Boston, San Francisco and other places. That’s a valuable network. The other piece of advice I would have is that it’s okay to put yourself out there – in fact, it’s a good idea. Americans tend to be confident in how they present themselves professionally. They are proud of what they have done and they're confident in their success and in their abilities.  They're not afraid to talk about it. Irish people, myself included at times, tend to downplay our achievements and abilities. In the US, people won’t necessarily understand that so it’s not a bad idea to learn to advocate for yourself, your skills and talents. What made you choose to become a Chartered Accountant? I studied commerce at University College Dublin, graduating in 1991. Going through the BComm in those days, you had two options: you could follow the management track or the accounting track. The management track covered topics like organisational design, leadership, strategy and marketing. I said to my dad, “I think I'm going to choose that,” and he replied, “oh no, you should do accounting.” At that time, I didn’t think I wanted to be an accountant, but my dad said to me said, “you do, you just don’t know it yet.”So, I followed the accounting track, joined Arthur Andersen in 1991 and raced through my Chartered Accountancy exams. Can you tell us a little about how you got to where you are today – both your relocation and career path? When I was training with Arthur Andersen, I understood how beneficial training in accounting could be in business. I was fairly certain that I wouldn’t stay in the auditing field and become a partner in an accounting firm.  That wasn’t what I wanted to do. I wanted to become a Chartered Accountant and then move out into industry, but I did stay with Arthur Andersen for a while, becoming a manager before leaving Ireland in my mid-twenties.  I moved to the UK to join Ingersoll Rand in Manchester and then negotiated a transfer to the company’s New Jersey office in 1999. I moved through various financial roles from internal audit to financial planning and investor relations. In 2004, I was offered a new position as CFO of Ingersoll Rand’s Bobcat division in North Dakota. At the same time, I was offered the position of Head of Internal Audit at Revlon.  I was in my early thirties and my choice was between Bobcat in Fargo, North Dakota, and this other role with a very different and much smaller company that would put me right in the heart of New York. I chose Revlon. Can you talk us through your experience at Revlon? Being a Chartered Accountant put me in a very good place to understand the financial operations of any corporation and that really stood me in good stead at Revlon. It had a lot of debt at the time. Joining the company was a high-risk move, but I thought, “you know what, I’m going to go for it.”  Within two-and-half years, I had gone from Head of Internal Audit to Corporate Controller to President of International and then Chief Financial Officer. Eventually, I was appointed Chief Executive, a position I held for five years reporting to the company’s Chair, Ron Perelman. What about your work now? I had a great run at Revlon and a superb team of people behind me. When I left that role in 2014, I got a great package and I wasn’t really under pressure anymore to prove myself. I had choices. I’ve since dabbled in private equity and joined a couple of boards, both profit and not-for-profit. The board that occupies most of my time right now is Nutrabolt, a sports nutrition company whose leading product is C4, a pre-workout energy drink. I am the company’s Vice-chair, Chair of the Audit Committee and a member of the Nominating Governance Committee. I’m also Nutrabolt’s lead Independent Director.  Alan T. Ennis is on numerous boards across a variety of industries, including at present the IDA and Nutrabolt. 

IAASA has issued a revised version of ISA (Ireland) 505 – External Confirmations. The main changes to the standard relate to: Clarification on what constitutes an electronic external confirmation. Prohibition on the use of negative external confirmations. Strengthened link with ISA (Ireland) 330 The Auditor’s Responses to Assessed Risks. Enhanced requirements concerning the investigation of exceptions. The revised standard is effective for audits of financial statements for periods beginning on or after 15 December 2024, with early adoption permitted. The revised ISA (Ireland) 505 is available here.

Last Tuesday 19 March 2024, HMRC announced a range of permanent changes to helpline services. However, the next day HMRC announced that the changes were being halted while HMRC “considers how best to help taxpayers harness online services”. Whilst the decision to further consider this issue is welcome, it is disappointing that feedback provided by the Institute and other Professional Bodies which raised various concerns about the proposed changes appears to not have been fully considered before the formal announcement was made last week and subsequently reversed. The Institute will engage with HMRC as it considers the way forward. Members are encouraged to provide feedback on HMRC services on a regular basis.

Earlier this month we highlighted in our Spring Budget 2024 coverage that HMRC had finally launched its long planned consultation on “Raising standards in the tax advice market” which examines three options to strengthen the tax agent regulatory framework in the UK and would also require tax advisers to register with HMRC if they wish to interact with HMRC on a client’s behalf. This consultation will close on 29 May 2024. This week we take a look at the first option set out in the consultation for potential regulation of paid tax agents, mandatory membership of a recognised professional body, and encourage you to share your views by Tuesday 7 May 2024 to enable members views to be reflected in the Institute’s  response. Next week will set out more information on option two.  Mandatory membership of a recognised professional body   This option is clearly the option which HMRC are leaning towards, but they recognise that this will depend on “the capacity and willingness” of the Professional Bodies to do so, including this Institute.   Chapter 7 (including questions 11-18) of the consultation examines this option in detail. This would involve mandatory membership of a recognised professional body with professional bodies monitoring and enforcing standards of their members and raising those standards where necessary.   Taking forward this approach would mean tax practitioners must hold membership of a professional body that is recognised as having an adequate minimum standard for its members and an adequate supervisory framework to monitor and enforce that standard.   The government considers this approach to be proportionate to the problems observed and opportunities afforded. In its view it “minimises extra costs and burdens to tax practitioners who currently meet expected standards and most professional bodies currently deliver the 3 components of a regulatory framework: subjecting their tax practitioner members to minimum standards, monitoring and enforcement action; and offering routes for customer support.”   “The government recognises there may be costs for the professional bodies in extending their supervisory frameworks to new members, with the potential for these to be passed on to clients via increased membership fees. The government will explore how best to mitigate this.  The government considers that enhancing and extending the supervisory framework operated by the professional bodies to this population of tax practitioners could achieve its aim of raising standards. However, it is dependent on the willingness and capacity of professional bodies to both strengthen the regulatory framework to raise standards of their current members who do not meet expected standards and extend membership to new members.”  The consultation also presents evidence in Annex C which according to HMRC shows that there are levels of non-compliance amongst taxpayers represented by affiliated tax practitioners. “This is why the government is looking to explore whether the regulatory frameworks currently in place across professional bodies are strong enough to raise standards in the tax advice market if the government chooses to proceed with this approach.  The government therefore wishes to work with professional bodies to understand their capacity and capability to raise standards across the market and seeks views on key questions to inform how mandatory professional body membership could be implemented in a way that best meets the objectives.  Findings from this consultation will inform whether the government pursues the introduction of mandatory professional body membership or whether another approach, such as regulation by a government body (option 3) should be pursued.” 

This week we bring you the latest HMRC performance data to the end of January 2024 and draft legislation has been published for consultation in relation to changes being made to the information businesses will need to provide to HMRC via various returns. HMRC is also warning of bogus tax refund offers and we update you below on R&D tax relief including the intensive tax relief available for businesses in Northern Ireland. And finally, a consultation has been launched seeking views on proposals for the design and administration of the UK carbon border adjustment mechanism which would commence from 1 January 2027.  Draft legislation on additional data  HMRC has launched a technical consultation which is open until 9 May 2024 and relates to two draft Statutory Instruments. The consultation examines the draft legislation which will require businesses to provide additional information to HMRC as follows:- employers will be required to provide more detailed information on employees’ hours via PAYE Real Time Information;  directors will be required to provide the amount of dividend income received from their company separate to other dividend income in addition to their percentage shareholding in the company in their Self-Assessment (“SA”) return; and  self-employed individuals will be required to provide start and end dates of self-employment via their SA return. These changes will take effect from April 2025. Finance Act 2024 introduced powers to enable the collection of this additional data and enabled HMRC to specify, through the two Statutory Instruments, the particular information required within those returns. Feedback on the draft regulation should be sent by email to HMRC at responsivenessdataconsultation@hmrc.gov.uk. Bogus tax refunds  HMRC has issued a Press Release which reports that it responded to almost 210,000 referrals of suspicious contact in the last year, up 14 percent on the previous year. More than 79,000 of these were offering bogus tax rebates. HMRC is therefore warning of a further spate in fraudsters contacting taxpayers after the 2022/23 SA deadline on 31 January 2024.  Taxpayer can help fight phishing scams by reporting any suspicious communications to HMRC:-   forward emails to phishing@hmrc.gov.uk;   report tax scam phone calls to HMRC on GOV.UK;  forward suspicious texts claiming to be from HMRC to 60599.  R&D tax relief update   At Spring Budget 2021, the government launched a review of R&D tax reliefs to ensure the UK remains a competitive location for cutting edge research, the reliefs continue to be fit for purpose and taxpayer money is effectively targeted.   As part of this review, the government announced additional support for R&D intensive SMEs, which will continue alongside the new merged scheme SME and “large” company reliefs announced at the Autumn Statement 2023.  Regulations made earlier this month on 4 March specified that the merged scheme and the amendments to the additional relief for R&D intensive SMEs will commence for companies with accounting periods beginning on or after the 1 April 2024.   As a result, the Financial Secretary to the Treasury laid before the House of Commons the Research and Development (Chapter 2 Relief) Regulations 2024 which introduce changes to the further support for R&D intensive SMEs due to particular market conditions in Northern Ireland.   Under the new rules, eligible companies in Northern Ireland will be able to benefit from relief on subcontracting expenditure undertaken outside the United Kingdom. To protect against the fiscal risk of uncapped overseas expenditure, a cap on the amount of relief that can be claimed will also be introduced, at £250,000 over a rolling three-year period.   The cap will only apply to the amount of intensive scheme relief that is above the amount that could have been claimed under the merged scheme.  Guidance on the new rules is available. Further guidance on the merged scheme R&D expenditure credit and enhanced R&D intensive support is also available. As Finance Act 2024 has received Royal Assent and the relevant Appointed Day Regulations have been made, claims for enhanced R&D intensive support for expenditure incurred on or after 1 April 2023 can now be made.  HMRC also published draft guidance on the new subcontracting and overseas rules for consultation on 9 February. HMRC is currently reviewing responses and will publish final versions of that guidance shorty.  At Spring Budget, the government also announced that HMRC will establish an Expert Advisory Panel to support the administration of the R&D tax reliefs. This panel will support HMRC to develop and update guidance, improve communications, provide insights on the types of R&D occurring across certain sectors and feedback from industry.   Given the broad array of projects and specialisms from the life sciences and tech sector, HMRC will seek representatives from these sectors and will directly reach out to relevant organisations. Further details and the terms of reference will be published in due course. This panel will supplement HMRC’s R&D Communications Forum, which will continue to provide the opportunity for broader discussion and feedback.  

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. HMRC also recently published guidance on sending parcels from Great Britain to Northern Ireland which will take effect under the Windsor Framework from 30 September 2024. And finally, we provide information on a recent update to VAT and EORI guidance.  VAT and EORI guidance  If a business deregisters for VAT, any Economic Operators Registration and Identification (“EORI”) number(s) they hold will also be removed at the same time.   By way of reminder, EORIs are needed for authorisations, including a UK Internal Market System (“UKIMS”) authorisation, and licences. To continue using these, there are actions a business needs to take which are as follows:  Authorisations (including Duty Deferment Accounts and guarantees) - contact the supervising office. This can be found in the authorisation correspondence received originally;  Licences - to continue using these please contact the issuing government department; and  If a business still needs an EORI number, they can apply for a new GB EORI number. The number is usually confirmed immediately. Once a business has a GB EORI, they will then be able apply for an XI EORI number, if needed and they meet the relevant criteria. The number will be issued within five working days of applying.  If a business needs help getting a new EORI number, please contact HMRC.   Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:-  Classifying footwear for import and export;  Customs Declaration Service is open for all export migration;  Get help using example declarations for exports from Great Britain to the rest of the world;  Making an export declaration using a pre-shipment advice;  Making an export supplementary declaration;  Making an export declaration in your records;  Making a full export declaration;  Tell HMRC when exports have arrived or departed a UK port;  Make and manage an export declaration online;  Get help using example declarations for exports from Great Britain to the rest of the world;  Apply for authorised consignor or consignee status; and  Report a problem using the Customs Declaration Service. 

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 is also running a series of webinars on R&D tax relief.  R&D tax relief webinars  HMRC is running a series of webinars on R&D tax reliefs to aid understanding of what qualifies as R&D, how to claim relief correctly and what the new R&D merged scheme entails.  The webinars series will also cover the enhanced support available for R&D intensives schemes: Register here to learn more about 'Research and Development for tax purposes’;  Register here for more information about ‘How to claim Research and Development tax relief’; and  Visit GOV.UK to watch the recorded webinars and to register for the upcoming webinar session about the R&D merged schemes. 

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. 

Nóra Cashe explains the obligations, compliance, and acceptance and rejection procedures for employers outlined in the Work Life Balance and Miscellaneous Provisions Act 2023 Code of Practice The Code of Practice (the Code) for the right to request flexible and remote work has been released. Now that these two rights are in effect, employees can request these entitlements. So, do you know your obligations as an employer, and do you understand how to comply with the new legislation? What are the rights to request remote and flexible work? The right to request flexible working and the right to request remote working are the last two of five statutory parts to come into effect within the Work Life Balance and Miscellaneous Provisions Act 2023. While many of the same guidelines apply to these two entitlements, they are separate. ‘Flexible working’ is defined as the adjustment of an employee’s working hours or working patterns. This includes flexible working schedules, reduced working hours, or even remote working. The right to request flexible working only applies to parents and to those acting in loco parentis or guardians as defined by the Act. Meanwhile, ‘remote working’ is an arrangement between employer and employee in which the work is carried out at a location other than at the employer's place of operation. This is done without any change to the employee's ordinary working hours. What is the Code of Practice? Drafted by the Workplace Relations Commission (WRC), the Code provides practical guidance for businesses and their staff regarding flexible or remote work requests. It is separated into three sections. The first two sections are Flexible Working (FW) and Remote Working (RW), which lay out guidelines for employees and employers to follow when requesting or receiving requests for flexible or remote working arrangements. The last section consists of policies and templates. Here, employers can find templates to use for relevant documentation, such as a Work Life Balance Policy, a Flexible Working Request application, and a Remote Working Request application. Staying compliant The Code defines flexible and remote work and provides the details on who can apply and when. The Code also contains important timelines and procedures for employers and employees to follow when a request is made and the consequences for not doing so. Failure to follow the timelines and procedures and to keep records could result in an award of up to 20 weeks of remuneration and/or a costly fine/summary conviction. Additionally, the Code of Practice includes information on situations such as: the abuse of any new working arrangements; the need to modify new working arrangements; and the need for the employee or employer to terminate the new working arrangements. Acceptance or rejection procedures Employers are not obligated to accept requests for remote or flexible work but it’s important to remember that a response must be delivered to the employee in writing within four weeks of their request. The three responses an employer can give are: Extension: the employer may request up to four more weeks to consider its decision, which it must also do in writing. Refusal: the employer must lay out its reasoning in writing. Acceptance: the employer must produce a written document with the relevant details for the employee to sign. Overall, employers are advised to weigh their employees’ circumstances and rationale for these requests against their own business needs. In addition, the Code provides tangible questions that employers may ask themselves when deciding whether to approve or reject a request. Nóra Cashe is a Litigation Manager at Peninsula