This week we bring you an update from HMRC on the use of digital signatures and HMRC has published updated guidance on the patent box regime and senior accounting officer legislation. The advisory fuel rates which took effect from 1 September 2023 are available and HMRC has launched a new childcare manual. The House of Commons Treasury Committee has published a report following its inquiry on tax reliefs and new guidance on how to get a PAYE code adjusted for foreign tax has been published. HMRC has also provided an update on corporate criminal offence investigations and new Save As You Earn (“SAYE”) bonus rates and early leaver rates took effect from 18 August 2023. The latest Agent Update 112 is also available. Update on digital signatures Read the update below from HMRC on digital signatures. “HMRC accept digital signatures on the following forms: 64-8 (Agent Authorisation); Marriage Allowance; P87 and Hold Over Relief (HS295). For these forms, signatures signed on the screen of a digital device or displayed in a keyboard typed font will be accepted. All other claims and paper tax returns will still require a wet signature. Regardless of the type of signature, it must be provided by the taxpayer.  Where the taxpayer or agent submits a form or claim as part of a digital journey (e.g. submitting a tax return online) then their identity is verified as part of the digital journey and as such a signature is not required. During the Covid-19 pandemic, a number of easements were in place during this unprecedented national emergency. However, signatures are an important safeguard for taxpayers, which outside of a national emergency HMRC cannot dispense with.   HMRC accept a scan of a wet signature on holdover relief claims (form HS295) when this is attached to an online tax return.  In other circumstances we require a wet signature apart from those outlined above.   HMRC has issued guidance on record keeping. Records can be kept in a variety of formats: on paper, digitally or as part of a software program. However, there are some records that, by law, must be kept and preserved in their original form. For example, a C79 import VAT certificate (Record keeping for VAT notice 700/21). The Taxes Management Act 1970 s12B and the Finance Act 1998 Sch 18, para 22 provide further detailed information on record keeping including those records that must be preserved in their original form.   We are working on bringing the guidance together and will be issuing further updates in due course.”  Treasury Committee recommends review of tax reliefs The House of Commons Treasury Committee recently published the outcome of its inquiry into tax reliefs in a report which, unsurprisingly, concluded that the UK tax system is too complicated, and that the “huge and seemingly ever-expanding suite of tax reliefs” is an important factor in this. To promote a simpler, better value and more effective tax system which is less prone to abuse the Committee made the following recommendations:- a comprehensive and systematic review of existing tax reliefs to look for opportunities for simplification; HMRC should publish full costings of all tax reliefs; greater public consultation is needed on new and existing tax reliefs; ·non-structural tax reliefs, i.e., those designed to promote certain behaviour, should be classed as public spending, and scrutinised as such; and the Government should conduct five-year reviews of individual tax reliefs and commit to remove those reliefs that no longer serve their policy goal or are vulnerable to abuse. Relief for foreign taxes in PAYE codes If an employee works overseas, some overseas tax authorities may require their UK employer to deduct tax from the same earnings against which the employer also has to operate UK payroll. Where an employee’s PAYE code needs adjusted to give relief for foreign tax, HMRC advises the employee or their employer to make contact by phone, stating that their call relates to coding in accordance with section PAYE81715 of HMRC’s PAYE manual. HMRC release data on corporate criminal offence investigations HMRC has recently released updated data on the number of corporate criminal offence investigations in progress as at 30 June 2023. At that date, there were nine live investigations with a further 25 potential investigations under review, and 83 rejected. The Corporate Criminal Offences for failure to prevent the facilitation of tax evasion were introduced by Part 3 of the Criminal Finances Act 2017. With potentially unlimited fines for organisations found guilty of the offences, organisations must take their responsibilities seriously and put in place reasonable procedures to stop the facilitation of tax evasion. SAYE bonus rates According to the latest Employment Related Securities Bulletin, after the launch of the new Save As You Earn (“SAYE”) bonus rates automatic mechanism and specimen SAYE prospectus, new SAYE bonus rates and early leaver rate took effect from 18 August 2023. These are:- 3-year bonus rate: 1.1; 5-year bonus rate: 3.2; and early leaver rate: 1.42%. This is the first time that new participants will receive a bonus since 2014. Going forward, the rates will change on the 15th day following a change in the Bank of England Bank Rate. The next date the Bank of England may be expected to change the Bank Rate is next month as the Bank decided last week to maintain the base rate. HMRC will not routinely provide updates within Bulletins. However, the bonus rates, early leaver rate and the effective date of any change will be recorded in change in bonus rates for SAYE Share Option Schemes Agent Update 112 Get the latest guidance and information in Agent Update 112 including the following:- Alcohol Duty: apply the new duty rates and check the 2 new reliefs, before submitting a return this month; The Plastic Packaging Tax – mass balance approach consultation; Self-Assessment student loan deductions and payrolled benefits in kind; and Overlap relief – preparing for the new tax year basis.

The Northern Ireland Tax Committee is still accepting feedback on the consultation examining potential new tax incentives for occupational health. Get in touch by Friday 29 September. This consultation is open until 12 October 2023 and specifically seeks views on how expanding the existing benefit in kind exemption for medical benefits could help employers provide more services, essentially helping people back into work.

In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit. We also update you on recent developments in relation to the Windsor Framework and the latest Trader Support Service bulletin is available. The Institute was also in attendance last week at the latest UK Domestic Advisory Group meeting. Windsor Framework update The House of Lords Protocol Sub-Committee on the Protocol is holding a follow-up evidence session on the implementation of the Windsor Framework. The UK Government has also now responded to the Committee’s report published in July. Various pieces of secondary legislation (set out below) have recently been published to implement the Windsor Framework and specifically the new trade operating model including the green and red lanes for agri-food and retail scheme which are due to commence later this week from 1 October. The House of Commons Library has published a briefing on the new rules for trading with the EU. The secondary legislation published is as follows:- Windsor Framework (Retail Movement Scheme: Public Health, Marketing and Organic Product Standards and Miscellaneous Provisions) Regulations 2023; Windsor Framework (Enforcement etc.) Regulations 2023. Windsor Framework (Retail Movement Scheme) Regulations 2023; Windsor Framework (Plant Health) Regulations 2023; Customs (Northern Ireland) (EU Exit) (Amendment) Regulations 2023 Windsor Framework (Financial Assistance) (Marking of Retail Goods) Regulations 2023; and Postal Packets (Miscellaneous Amendments) Regulations 2023. UK Domestic Advisory Group meeting Last week, the Institute was represented at the latest Domestic Advisory Group (“DAG”) meeting. The UK DAG is a consultative body designed to enable the government to hear from those most affected by the operation of the UK-EU Trade and Cooperation Agreement (“TCA”). The DAG has now established five sub-groups as follows, each of which reports back to the DAG on key issues with implementation of the TCA:- Trade and Customs; Regulatory Co-operation and Level Playing Field; Business and Labour Mobility; Energy and Climate Change; and Nations and Regions. Chartered Accountants Ireland participates in the Nations and Regions sub-group and would welcome your feedback on any issues specific to Northern Ireland. Readers are advised to note that the Windsor Framework is outside the remit of the UK DAG. In November, a further DAG meeting is scheduled to be held in advance of the annual UK-EU Joint DAG which the Institute will be attending. Miscellaneous updated guidance etc. The following updated guidance, and publications relevant to EU exit are available:- External temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service; Smart watch straps, watch bands and watch bracelets (Tariff notice 11); Transit newsletters — HMRC updates; Register with the UK ID issuer if your business is involved in the supply of tobacco products; Simplified rates for bringing personal goods into the UK; and Moving goods out of Great Britain using transit: step by step. Search the register of customs agents and fast parcel operators Transit newsletters — HMRC updates Delaying declarations for goods brought into Great Britain List of goods imported into Great Britain from Ireland that are controlled Moving qualifying goods from Northern Ireland to the rest of the UK; and Apply to use simplified declarations for imports.  

Gemma O’Connor outlines practical tips for maintaining employee connections during illness-related absences Keeping in contact with an employee who is off work due to illness can be a delicate balancing act. On the one hand, you need to know when the employee will be fit to resume work. Conversely, you don’t want the employee to feel pressure to return to work before they’re better. If an employee is absent for an extended spell, they may feel out of touch and undervalued if you don’t reach out to see how they are recovering. As this can be a sensitive issue, here are some ground rules around contacting staff who are absent through illness. Making contact It is usually the responsibility of line managers to keep in regular contact with any of their staff who are absent. They typically know the individual best and are equipped to discuss sensitive issues. If it’s a minor illness likely to end within five days, contact is not usually necessary. No matter the duration of the absence, however, a return-to-work interview should be carried out to update people about the status of their work. This meeting also gives your employee a private opportunity to discuss concerns about their health or other matters affecting their performance or attendance. In the case of an employee’s sudden or traumatic illness, communicate your sympathies and use your discretion until a firm diagnosis is made. Call vs text Once you have a diagnosis and time has passed, you will want to contact the employee for further information about their health and return to work. All contact about an illness-related absence is typically by phone. Some employees might prefer to text. To give them time to prepare for a call, managers should send a message to set up a suitable time for a conversation that works for the employee. The discussion The call must focus only on the employee’s health and return to work. Before you pick up the phone, consider what organisational matters need to be in place before the employee returns to work (for example, if a temporary employee has been put in place, will a handover be required, etc.) or what support the employee might need to encourage a speedier return. It’s important not to make assumptions about the employee’s situation. Remember to listen and be flexible and consistent. Recovery times for the same condition can vary significantly from person to person. Do not mention the workload being taken on by other people or strained resources because of their absence. Once you get an absent employee on the phone, ask them how they are getting on and explain it’s a routine call to see how they are and when they will likely be well enough to return to work. If the employee makes it clear they don’t want to talk, remain polite and end the call. Keep records of conversations Keep a note of your conversation with the absent employee. If any subsequent claims arise from the employee’s absence, you must have a paper trail supporting your management of the situation. Ongoing assistance If the employee’s absence is stress-related, try to find out if it’s connected in any way to the employee’s job, conflict with a colleague or some other workplace concern and address any issues when the employee returns to work. Direct the employee to the Employee Assistance Programme if you think a confidential third-party discussion with a counsellor will help. Gemma O’Connor is Head of Service at Peninsula Ireland

With Budget Day approaching, Tom Woods outlines his recommendations for ensuring this year’s measures support social and economic progress With Budget 2024 just two weeks away, Ireland is experiencing mixed economic fortunes. On the positive side, near full employment and significant exchequer receipts would suggest that the Government has an unprecedented range of policy choices to consider. Nevertheless, the economy is also facing constraints. Inflation and interest rates offer limited room for manoeuvre, making selecting the right policy choices much more difficult. Housing KPMG suggests introducing a new low VAT rate on the sale of new builds to help with the affordability of purchasing a new home. We also support the reintroduction of mortgage interest relief to help homeowners with rising interest rates and growing mortgage repayments. We recommend that the taxation of professional landlords be reformed to put them on a similar footing to trading businesses. This would help to attract and retain more landlords and boost the supply of housing stock in the rental market. Reintroducing a controlled and targeted Section 23-type rented residential relief (tax relief applying to rented residential property in a tax incentive area) would also promote housing investment in less sought-after areas. The workforce As a small, open economy, our successful tax policy has helped make Ireland a location of choice for multinational business. As a country at close to full employment, we need an attractive personal tax regime to keep and grow mobile talent to support the growth of domestic and international businesses in Ireland. There is a range of budgetary measures that would help us in this regard, including the widening of the personal tax bands and credits, consideration of a new intermediate tax rate of, say, 30 percent, and the automatic indexation of credits and bands to help dampen the impact of inflation and protect the value of wages. The taxation of share-based remuneration could also be simplified, and we would like to see some improvements to the Special Assignee Relief Programme (SARP). Innovation and entrepreneurship The impact of foreign direct investment (FDI) on the Irish economy can’t be overstated. However, the ongoing changes to the international tax landscape emphasise the importance of having the most enticing regime within the new rules. As mentioned above, an inviting personal tax regime will become more critical, as will having an appealing research and development (R&D) regime to promote and foster more innovation. Several measures could be introduced to promote more innovation, including an upfront entitlement to cash refunds of R&D tax credits for smaller businesses. The R&D tax credit of 25 percent could be improved to either 30 percent or 35 percent to make it more attractive internationally. Moreover, the rules and the application process to qualify for this credit should be simplified. Other jurisdictions continue to refine and improve their R&D offering, so it has never been more important for Ireland’s regime to be as inviting as possible. International changes also underscore the need to support the growth of the domestic sector.  We have made several recommendations to support SMEs. These include introducing a new 20 percent capital gains tax (CGT) rate on the sale of shares in SMEs and some improvements to entrepreneurs’ relief to promote investment in SMEs. We advocate simplifying the rules underpinning the Employment Incentive Investment Scheme (EIIS) to make it more accessible and easier for businesses to raise capital. We also propose that the standard income tax rate of 20 percent be applied to dividends paid by SMEs. This should encourage promoters of SMEs to remain committed to growing their business and enable companies of scale to emerge from the domestic SME sector without the need to sell down equity. Climate Ireland’s ambitious climate goals will present challenges and opportunities for individuals and businesses. Several tax supports could be considered to help Ireland achieve its climate goals. These include measures to promote private finance for green investments via ESG bonds and pension funds. We also believe that tax measures could be introduced to help accelerate the move to electric and hybrid vehicles and support the agricultural sector in its transition to more sustainable practices. Inflation While the exchequer receipts are in rude health currently, this revenue may be vulnerable in the future, and a measured approach will be needed when deploying the available resources. While there is potential for some measures to impact inflation, the significant benefits of achieving policy objectives need to be weighed up against their inflationary impact. The measures unveiled in the forthcoming budget will signal the Government’s direction of travel across many issues. The good news is the resources are there to help sustain our social and economic progress. Tom Woods is Head of Tax at KPMG

Shadow boards can unlock innovation, bridge generational divides and boost profits. Stephen Conmy explains why Many businesses struggle with two seemingly unrelated issues: disengaged younger employees and a lack of response among senior executives to shifting market trends. Some companies have tackled these problems by creating a “shadow board” – a group of non-executive employees who work with senior executives on strategic initiatives so the organisation can gain insights from the younger generation while broadening the view of senior executives. The specific roles, responsibilities and authority of a shadow board can vary widely depending on the organisation and its goals, however. So what exactly is a shadow board? Generational perspective A shadow board is typically sponsored by the CEO and consists of nine to thirteen younger people (either millennials or Gen Z) from a cross-section of the business whose primary purpose is to provide insight, feedback and ideas to senior decision-makers in the company, representing their generation’s perspective. Members of the shadow board learn about the company’s strategy and decisions so that they can share with their peers and network. The shadow board at work Harvard Business Review (HBR) reported that when Gucci created a shadow board of younger employees, its profits soared. By contrast, when Prada didn’t pay attention to the creative input of its younger employees and failed to recognise the growing power of digital influencers, its profits fell. The tale of these two fashion giants is a valuable lesson for all companies regarding the potential creative energy of a shadow board. As reported by HBR, in the past, Prada had high margins, a legendarily creative director and good growth prospects. Since 2014, however, sales have declined. In 2017, the company admitted that it had “been slow in realising the importance of digital channels and online influencers disrupting the industry”.  Meanwhile, during the same period, Gucci created a shadow board.  Gucci’s shadow board is made up of millennials, and in 2015, met regularly with senior management. The shadow board’s insights have “served as a wake-up call for the executives”, and Gucci’s sales grew by 136 percent. This growth was primarily driven by the success of both its internet and digital strategies.  In the same period, Prada’s sales dropped by 11.5 percent.  Types of shadow boards There are three different types of shadow boards: Developmental shadow board Shadow boards are used by certain businesses to prepare and promote younger or less-experienced staff for future leadership positions.  A shadow board, in this context, is made up of people who do not have formal authority inside the organisation but participate in board-like conversations to provide new perspectives, develop novel ideas or gain experience in board-level decision-making.  It’s a learning experience for these people, as well as a method for the organisation to gain diverse perspectives. Checks and balances shadow board In other situations, a shadow board might act as a separate, unofficial group that reviews and critiques the decisions of the official board of directors. It can offer alternative perspectives or point out potential flaws in the board’s decisions. This structure is less common and can sometimes arise in activist or oversight situations. Perspective shadow board Especially in larger or more complex organisations, a shadow board can be formed to offer viewpoints from different parts of the company or from different stakeholder groups. For instance, a non-profit might have a shadow board made up of the people it serves rather than employees. Mutually beneficial arrangement Shadow boards provide younger workers with the visibility and access they desire, which can often lead to significant career advancement. Notably, the impact and insights of the shadow board can drive valuable offshoots more senior executives might otherwise miss. Not only is a shadow board beneficial to both the members and its organisation, it can also contribute significantly to effective governance, innovation and leadership succession planning. Stephen Conmy is Head of Content at the Corporate Governance Institute

External assurance plays a key role in enhancing trust and confidence in financial and non-financial reporting. With the goal of enhancing the trust and confidence investors, regulators and other stakeholders have in sustainability information the International Auditing and Assurance Standards Board (IAASB) has developed a landmark, global sustainability assurance standard. This proposed International Standard on Sustainability Assurance (ISSA) 5000, General Requirements for Sustainability Assurance Engagements, was issued  for public consultation on August 2 and stakeholders have until December 1 to provide feedback and insights to the IAASB. The final standard will be issued before the end of 2024. Join the Irish Auditing & Accounting Supervisory Authority (IAASA) and IAASB webinar to hear about ISSA 5000.  Proposed International Standards on Sustainability Assurance Webinar - 29 September - 2pm You can register for the webinar at the following link: https://lnkd.in/e6ZetJKg You can find more information about the proposed standard on the website of the IAASB 

The UK Government has announced its decision in relation to the reform of the regulation of insolvency practitioners. Originally the government had identified a single regulator as its preferred option but the latest announcement rejects this option and instead details plans to retain the existing four Recognised Professional Bodies and also introduce a package of additional measures. These additional measures include firm regulation, a public register of IPs, granting the Insolvency Service responsibility for standard setting and a compensation scheme. The detailed government response is available here, The future of insolvency regulation: Government Response.

There may not be many miles between Cork and Leeds, but there was certainly a big jump from the family dairy farm to FinOps for Donal Bourke. We caught up with Donal recently to hear more about his career journey.     1. Where did you grow up and where do you live now?  I grew up on a dairy farm in Co. Cork about 30 minutes from Cork City. The majority of my family and extended family worked (and still work) in agriculture, but I have bad hayfever, and a sense of adventure took me to UCC to study commerce. 2. What made you choose to become a Chartered Accountant?  When I finished commerce, I still didn’t know what I wanted to do. The majority of my class were doing interviews with the big-4 accounting firms, and it seemed like the path of least resistance. So, I went along and managed to secure a job with KPMG in the transaction services department. You could imagine my surprise to learn that there was a qualification and exam expectations involved in the path I had chosen! However the firm provided great support and time off to ensure I completed my exams and became an ACA. 3. Can you tell us a little about how you got to where you are today – both the geographical relocation and career path. And, what advice would you give your 20-year-old self? Once I completed my qualification I went to Sydney, Australia (as the majority of my intake did at the time which was 2011). From there I’ve moved to Leeds, back to Cork and finally to Leeds again using my qualification to work in a wide array of industries. I've gone from spuds to drugs, when I moved from being Financial Controller for a potato plantation in South Australia to being a Revenue Reporting Analyst responsible for generating rebate invoices from harnessing millions of lines of generic drug sales data. I now find myself back in Leeds (my wife is from here, so "happy wife = happy life!"), where I have undergone another career pivot working in the field of FinOps for NetApp. This involves analysing customers' public cloud environment (outsourced opex IT spend). The third party providers have different commitment options available for purchasing their services and I am responsible to use the best instruments to deliver the highest savings. The advice I would give my 20-year-old self would be to never stop learning and looking for opportunities to evolve in your career. It was only after being made redundant from a previous role in 2019 that I took ownership of my career and what I wanted to do and I wish I’d done it sooner. 4. 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? I value the transferability of the membership most. Whenever I have travelled, it automatically sets the bar for the type of roles I will be approached for. An ACA or FCA qualification means recruiters and employers know who they are getting. I think society can benefit from members having a more rounded experience and world view – personally and professionally. It is the unique experiences and mental connections we make which allow us to tackle problems in our own ways. With the pressing challenges of climate change and the uncertain nature of AI (artificial intelligence), our own rounded perspective is more important than ever. 5. As a member living away from Ireland, can you talk to us about how your membership has been of value to you within the UK, and what do you value about it now that you’re living there (and what would you like to see more of)?  I would love to see a more active district society and chartered community with networking opportunities outside of London. 6. What were the most significant/noticeable differences you encountered doing business and networking away from home and back in Ireland? Doing business, I’ve found no real differences between Ireland and the UK. My previous roles in Ireland were fully remote and I continue to work from home. One of the few good things to come out of Covid in my opinion.  In terms of networking, the biggest difference I’ve found is that I now have four small children, so the opportunities to network are limited but I look forward to building on that aspect once the kids become less of a handful. Pictured with Donal are his daughters, (L-R) Ornaith and Evelyn. Donal Bourke is a Cloud Optimisation Consultant with NetApp.

Last week the Institute attended HMRC’s Making Tax Digital (“MTD”) for Income Tax Self-Assessment (“ITSA”) quarterly forum meeting. The meeting provided an update on what’s been happening with the Small Business Review and also discussed the current MTD for ITSA trial. Small Business Review  HMRC advised that the outcome of this review into landlords and self-employed individuals with turnover less than £30,000 is expected to be announced sometime in the autumn but could not provide further details of when exactly this may be, except to say that any announcement would be to “Ministerial timelines”.   The review is designed to understand this taxpayer population better taking into account the burdens that MTD for ITSA would impose, and pain points, including the potential for easements and simplifications. HMRC also continues to consider the implications of MTD for ITSA on niche incomes such as foster carers. Revised regulations are expected to be published in early 2024 following a technical consultation on these in draft.  Earlier this year, Chartered Accountants Ireland, and several members from a range of practice sizes met with HMRC as part of the Small Business Review. During the meeting we stressed that the MTD for ITSA exemption threshold needs to be more realistic and should be set at the VAT registration threshold. We also expressed concern that agents will not be able to bulk sign up clients, that the trial will only be public from April 2025, and that there is a need for free bridging software to be available.   MTD for ITSA trial  Following the December 2022 announcement of the delay to the introduction of MTD for ITSA and its phasing in from 2026, HMRC then paused new sign-ups to the existing MTD ITSA pilot in order to review its testing approach but confirmed in last week’s meeting that the trial is now open again to new participants. Readers are reminded that strict conditions must be met to participate in the current trial which also is only open to those with a 5 April accounting period end. Non-5 April accounting period ends are expected to be able to join the trial in 2024/25.  A new testing strategy was shared with stakeholders, including this Institute, earlier this year which outlined the revised trial timetable as follows:-  Small private beta testing 2023/24;   Large private beta testing 2024/25; and   Public beta testing 2025/26.   The Institute remains concerned that public beta testing will not commence until 2025/26, which therefore means that one full cycle of testing will not be completed by many taxpayers before mandation for the turnover over £50,000 population from 6 April 2026. We are also concerned at the low number of those currently participating in the trial and that this will cause delays to further elements of the trial.  HMRC is now working with software developers to transition from the previous pilot into private beta testing. Taxpayers who were in the original pilot and wish to continue can be automatically moved into the private beta.   HMRC is also working with developers to identify any new taxpayers who could join the private beta, subject to the necessary conditions being met.   According to HMRC, private beta testing is being enhanced by new support arrangements. Previously, taxpayers were guided through each MTD ITSA submission in live video calls. Taxpayers and their Agents can now make submissions without video support but can access help from a new dedicated support team by email (scmimplementationteam@hmrc.gov.uk) or phone (0300 322 9619 8am-6pm, Monday to Friday).   HMRC has also confirmed that private beta participants with an agent do not need a 64-8 authorisation form if a digital handshake is in place authorising their agent. This is limited to agents contacting the support team. 

This week we bring you a report from HMRC that Russia considers itself to have unilaterally suspended substantially all of its Double Tax Treaty (“DTT”) with the UK, and HMRC is seeking feedback on the impact that the Self-Assessment Helpline closure has had on the work of agents. A reminder has been issued that from 20 July 2023 assignments of income tax repayments are not accepted as valid nominations and minutes are available from the May 2023 Wealthy External Forum meeting which the Institute was represented at. We have also been asked to remind companies of the need to submit the additional information claim form when submitting claims for R&D tax relief. And finally, the House of Lords Finance Bill Sub-Committee has opened an inquiry into the draft Finance Bill 2023/24; the deadline for written evidence submissions is Friday 6 October 2023.  Suspension of UK/Russia DTT  Russia has suspended substantially all material provisions of many of its Double Taxation Agreements by Presidential decree dated 8 August 2023. This action affects 38 countries, including the 1994 UK-Russia Double Taxation Convention, and the UK was notified on 15 August 2023.  The suspension includes the treatment of dividends, interest, royalties, capital gains, business profits, employment income and pensions, together with protection against discrimination. The provision for elimination of double taxation has not been fully suspended. The suspension likely means that Russia will not honour any agreed limits on what it may tax at source, and that only limited relief from double taxation will be available in Russia.  According to the announcement on GOV.UK, the UK-Russia Convention does not permit this unilateral action hence the UK has asked Russia to reverse the suspension, considers the treaty to remain in force, and is continuing to comply with its terms. The government is considering next steps and will provide further information in due course.  Impact of SA helpline temporary closure on agents  HMRC is currently evaluating the impact of the recent closure of its Self-Assessment Helpline which reopened earlier this month following a closure period from 12 June to 4 September 2023. As part of this, HMRC is also seeking to better understand the impact of the closure on agents. If you have any feedback about the impact on agents that you think would be valuable to share, please email external.affairs@hmrc.gov.uk.  Deeds of assignment no longer treated as nominations  From the date of the Spring Budget on 15 March 2023, assignments of income tax repayments were rendered void. However, for a transitional period only, HMRC continued to accept nominations of income tax repayments as non-legally binding nominations.   This transitional period ended in July meaning from 20 July 2023 any assignment of an income tax repayment is no longer accepted as a nomination. As a result, HMRC will repay the taxpayer directly where there is no valid nomination.  Reminder: importance of submitting additional information form with R&D tax relief claims  HMRC has asked us to issue a reminder that from 8 August 2023, R&D tax relief claims by companies will only be considered as valid when accompanied by the additional information form (“AIF”). According to HMRC, nearly half of all R&D tax relief claims received between 8 August and 3 September 2023 did not include the AIF.  As a result, we are aware that HMRC is in the process of writing to companies and/or agents that have submitted claims for R&D tax relief without the AIF. The letter advises that the R&D claim is not valid and as a result has been removed from the company tax return but can be reinstated if the return is amended to include the R&D claim and the AIF, if this is within the time limit to do so.  The letter advises that boxes 656 and 657 of the company tax return should be ticked, where appropriate, to indicate that a R&D claim notification and AIF have both been submitted.   Readers are advised that a known error is preventing some claimants (those claiming under the “large” company R&D expenditure credit scheme) from making an entry in both boxes 655 and box 657.  HMRC advises that if an error appears, the company should not make entries in these boxes and should instead use the white space on the corporation tax return to say that an R&D claim is being made and the AIF has been completed and submitted.  

Today is the deadline to tell us your views on HMRC’s consultation on the taxation of employee ownership trusts and employee benefit trusts. The consultation closes next Monday 25 September 2023 and examines potential proposals to reform the tax treatment of each of these types of trust. Let us know your views by close of business today, Monday 18 September 2023. The aim of this consultation is to ensure that the tax regimes for these trusts remain focused on the targeted objectives of rewarding employees and encouraging employee ownership, whilst preventing tax advantages being obtained through use of these trusts outside of these intended purposes.  

In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit and the latest Trader Support Service and Borders Weekly Stakeholder bulletins are also available. Miscellaneous updated guidance etc.   The following guidance, and publications relevant to EU exit are available:-  Known error workarounds for the Customs Declaration Service (CDS);  Classifying drones and aircraft parts for import and export;  Classifying electrical equipment for import and export;  Classifying tobacco for import and export;  Remote internal temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service;  Internal temporary storage facilities (ITSFs) codes for Data Element 5/23 of the Customs Declaration Service;  Maritime ports and wharves location codes for Data Element 5/23 of the Customs Declaration Service;  Data Element 2/3: Documents and Other Reference Codes (Union) of the Customs Declaration Service; and  Data Element 2/3: Document and Other Reference Codes: Licence Types – Imports and Exports of the Customs Declaration Service (CDS). 

HMRC’s latest schedule of live and recorded webinars is now available for booking. Spaces are limited, so take a look now and save your place.  

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. HMRC has also recently updated the Agent Dashboard which now includes Inheritance Tax. This dashboard is updated on a weekly basis and should be regularly checked to ascertain expected processing dates and HMRC’S current performance and service levels.  All agents, who are a member of a professional body, are also 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. 

The Platform for Collaboration on Tax released a new report on carbon pricing metrics. The purpose of the report is to strengthen the understanding of different carbon pricing metrics of the largest international organisations, including the IMF and the UN. 

The OECD has published a report “Tax Policy Reforms 2023” which analyses the role tax policy has played as governments sought to shield households and businesses from the surge in inflation in 2022. The OECD notes that “tax policy has been at the forefront of government support to families and businesses in the face of elevated levels of inflation”.

The European Commission has published two key proposals in the past week; Business in Europe: Framework for Income Taxation (BEFIT) and harmonized transfer pricing rules.   The BEFIT proposals set out rules for the calculation of the BEFIT tax base, the allocation of the BEFIT tax base to members of the BEFIT group, as well as rules governing the transposition of the directive into local law.   The Institute, under the auspices of the CCAB-I, responded to last year’s consultation on BEFIT and recommended that BEFIT should not be implemented until such time as the Pillar Two minimum taxation rules have matured to at least some degree.  With regard to transfer pricing, the proposals are aimed at harmonising transfer pricing rules within the EU and ensuring a common approach to transfer pricing. 

In the face of high inflation and looming challenges, Budget 2024 should focus on supporting Irish SMEs, writes Neil Hughes As we look ahead to 2024, there remains much to be optimistic about. Despite high inflation, the latest Azets SME Pulse Survey reveals that fewer than one in five SME leaders anticipates a decrease in revenue and profits this year. This points towards the positivity that surrounds the future of SMEs. It’s not the time to be complacent, however. Challenges lie ahead. Rising prices are putting a squeeze on already tight margins while many businesses are facing difficulties in attracting and retaining talented people. Employing more than a million people and accounting for two-thirds of firms in the private sector, SMEs are the backbone of the Irish economy, and this group should be a major consideration for Government in Budget 2024. SME Innovation Fund We propose the Government set aside €2 billion to establish an SME Innovation Fund, so Irish SMEs can harness the opportunities of the twin digital and green transitions. Putting aside €2 billion from the recent record tax take, taken in conjunction with other measures, could provide an important step in diversifying Ireland’s economic model and ensure that SMEs are nurtured and can thrive long into the future. National minimum wage SMEs across Ireland are concerned with the increasing cost of doing business. We recommend limiting any increase in the national minimum wage next year to the rate of inflation prevailing on the date of the Budget rather than the 12 percent increase recommended by the Low Pay Commission, which would place a significant burden on SMEs. SME Talent Taskforce We urge Government to consider the creation of an SME Talent Taskforce to address the significant challenges facing SMEs in attracting and retaining talented people within the domestic economy. Featuring representatives of Government, Enterprise Ireland, Local Enterprise Offices, employment bodies and the SME sector, it would be tasked with developing a dedicated roadmap to address bottlenecks in the labour market. Bringing together a new SME Talent Taskforce would help ensure that SMEs have a level playing field in attracting and retaining talented people and help them to succeed in a tight labour market. These measures should help SMEs ease the rising cost of doing business and staff shortages, as well as develop sustainable firms. Neil Hughes is the Managing Director of Azets Ireland