The new Border Target Operating Model (BTOM), which was due to commence on a phased basis from the end of October 2023 for imports into the UK from the EU (excluding Northern Ireland), is being delayed, the UK Government is holding a series of sector specific online training sessions to prepare traders.  These include a session on 21 September 2023 dealing with exports from Ireland. More information on these events and how to register can be found at  https://www.eventbrite.com/cc/the-btom-what-are-the-sps-border-controls-2144279.

Revenue has updated the Tax and Duty Manual that deals with company reconstructions without change of ownership. Paragraphs 1 and 6 now reflect amendments made to section 400 TCA 1997 following the introduction of the Interest Limitation Rules in Part 35D in Finance Act 2021.

Revenue has updated the Tax and Duty Manual on the treatment of capital allowances where property is acquired jointly by spouses/civil partners and the expenditure is incurred by one spouse/civil partner. The guidance has been updated to confirm that this treatment is available where a property is purchased in joint names by a married couple or civil partners who are jointly assessed.

Revenue has published a new manual Tax and Duty Manual (TDM) containing operational guidance on the R&D tax credit. The relevant legislation is contained in sections 766C, 766D, 766(4D) or 766A(4C) TCA 1997. The manual provides information on submitting an R&D tax credit claim for 2022, 2023 and later years. Revenue advises that the new manual should be read in conjunction with TDM Part 29-02-03. 

Last week, the Northern Ireland Tax Committee wrote to the Financial Secretary to the Treasury (“FST”) to express its concerns in respect of the proposal to restrict the geographical scope of agricultural property relief (“APR”) and woodlands relief (“WR”) from April 2024. The Committee would also like to hear your views on a recently launched consultation examining potential new tax incentives for occupational health. Letter to the FST Draft legislation was published on “L” day in July setting out in detail the measure announced in the 2023 Spring Budget which will restrict agricultural property relief and woodlands relief to UK land and property only from 6 April 2024. In the letter to the FST, the Northern Ireland Tax Committee sets out the case for continuing to treat Irish land and property as potentially qualifying for APR and WR given the particular impact the proposal will have on Northern Ireland (“NI”) taxpayers and NI’s close proximity to Ireland. The letter also sets out the retrospective nature of the draft legislation on transactions prior to 6 April 2024 and how unfair this is. New consultation on occupational health incentives Also, on “L” day in July, HMRC and HM Treasury launched a joint consultation on tax incentives for occupational health. 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. We’d like to hear your views on this consultation by Friday 29 September.

Due to the increase in the Bank of England base rate at the beginning of August, HMRC subsequently announced the associated increase in its interest rates. The new rates took effect from Monday 14 August 2023 for quarterly instalment payments, and Tuesday 22 August 2023 for non-quarterly instalments payments. The two new increased rates of interest are as follows:- late payment interest, set at base rate plus 2.5 percent, is now 7.75 percent; and repayment interest, set at base rate minus 1 percent, with a lower limit of 0.5 percent (known as the ‘minimum floor’), increased to 4.25 percent.

Revenue has updated the Tax and Duty Manual on the domicile levy. The manual has been updated as follows: The position regarding claiming a credit for liabilities in calculating the levy. The meaning of the term “world-wide income”, “market value” and “Irish property”. Revenue’s powers to make and amend assessments and the right of an individual to appeal.   Information on penalties and interest. Worked examples are also provided throughout the Manual.

This week we bring you news of what is happening with the Register of Overseas Entities, and HMRC has published a new set of Compliance Professional Standards. HMRC has extended the Capital Gains Tax (“CGT”) 60-day reporting paper form trial, and we bring you the highlights from the latest Agent Updates published over the summer (110 and 111) and an email from HMRC on the changes to alcohol duty which took effect from 1 August 2023. The most recent News and Information Bulletins from HMRC (27 July and 31 August) are also available. HMRC has also emailed us to advise that the online process for obtaining overlap relief information in the context of basis period reform will commence on the later date of 11 September. Compliance Professional Standards HMRC’s Customer Compliance Group (“CCG”) has introduced and published a set of Compliance Professional Standards. The Standards set out how HMRC should apply the HMRC Charter and Civil Service values in HMRC’s compliance activity. HMRC is sharing these to be open and transparent about how it aims to conduct its work in this space. The main objective is to clearly set out the way HMRC should behave and act when conducting any form of compliance work. The standards also aim to reinforce the CCG’s commitment to HMRC’s Charter. The four Compliance Professional Standards are as follows:- Getting things right; Being aware of a taxpayer’s situation; Being responsive - communicating with taxpayers; and Treating taxpayers fairly. The standards set out how HMRC should apply the HMRC Charter and Civil Service values in compliance activity. CGT 60-day reporting paper form trial extended HMRC has extended the trial of the paper version of the CGT 60-day return for property disposals until the end of September. It should be noted that a permanent solution is still required to assist those unable to file online who had issues receiving a paper form in the post in order to file within the necessary 60-day deadline. The simplest solution to this would be for HMRC to make the form downloadable from GOV.UK, hence this is being pursued with HMRC. Highlights from the latest Agent Updates Agent Update 110 confirms HMRC’s current position on digital records and signatures. Subject to exceptions, HMRC accepts digital records including scanned copies of documents with handwritten signatures. More information is available in Agent Update 110 which also contains updates on other topical areas including PPI (Payment Protection Insurance) claims, the new Alcohol Duty rates and reliefs, the HMRC online service for the new Economic Crime Levy, the UK Internal Market Scheme, overlap relief in the context of basis period reform, and self-service Time to Pay for VAT. In Agent Update 111, read about the National Minimum Wage and the VAT treatment of second-hand motor vehicles bought in Great Britain and moved to Northern Ireland before 1 May 2023 that are still held in stock, amongst other topics.

The Department of Finance has published the latest Annual Taxation Report. The report highlights the concentration of tax receipts within certain sectors of the Irish economy, particularly the Information and Communication Technology (ICT) sector. Overall receipts for 2022 amounted to €83.1 billion. This is the highest level ever with the ICT sector accounting for around 35 per cent of corporate tax receipts and around 10 per cent of income tax revenues. Commenting on the report, Minister for Finance, Michael McGrath TD, said: “The Annual Taxation Report is a welcome contribution to the policy debate, particularly as we consider changes to tax policy in advance of Budget 2024. The report highlights that, while the headline figures are undoubtedly positive, there are still real vulnerabilities beneath the surface. This provides a timely reminder of the importance of taking the appropriate policy decisions today to secure the future of the public finances. The Government’s budgetary strategy outlined in the Summer Economic Statement sets out a pathway that will ensure we maintain our public finances on a stable trajectory, continue to invest in our public services while actively addressing the structural risks in our tax base, particularly around volatile corporation tax revenue. These are the fiscal objectives that I will have in mind as we draft Budget 2024.”

In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit. Over the summer, HMRC published further detail and publications on the Windsor Framework, and the latest Trader Support Service and Borders Weekly Stakeholder bulletins are also available. We also bring you information on the interaction of the new alcohol duty rules with the Customs Declarations Service (“CDS”) and HMRC has announced a further delay to migrating exports from CHIEF (Customs Handling of Import and Export Freight) to the CDS which is now being phased in. And finally, the new Border Target Operating Model which was due to commence on a phased basis from the end of October 2023 for imports into the UK from the EU (excluding Northern Ireland) is also being delayed. Delay to the new Border Target Operating Model ("BTOM") After much speculation in recent weeks, it was confirmed last week that the new BTOM which was due to commence will be progressively introduced from the end of January 2024. The announcement was made when the UK Government published the Border Target Operating Model which model confirms the regimes for SPS (Sanitary and Phyto Sanitary) and Security and Safety controls for goods moving from the EU to Great Britain. The document also explains how these controls will be delivered through simplification, digitisation, and the UK’s new Single Trade Window. According to the announcement, the decision to delay some implementation milestones was made in response to stakeholder feedback in order to give businesses more time to prepare. Note that the BTOM does not provide detail on the arrangements for moving goods from Great Britain to Northern Ireland under the Windsor Framework (“WF”); hence stakeholders are advised to consult the guidance on the Windsor Framework for such goods movements. The final BTOM also confirms that in accordance with the WF, Northern Ireland businesses retain unfettered access to the market in Great Britain, whether moving qualifying NI goods directly from Northern Ireland or indirectly through Irish ports. A full timeline for introduction of these controls is set out within the BTOM. As a result of the delay in implementation, the UK Government has committed to publishing further detail to support businesses in their preparations. This detail will be published through supplementary annexes to the BTOM, and further guidance, that will be published on GOV.UK. A timeline for the publication of this further detail can be found in Section 4 of the BTOM. The Northern Ireland Civil Service (“NICS”) is eager to engage with stakeholders and business representatives to understand positions on and priorities in relation to the BTOM, and how it can best provide support during the forthcoming implementation period.  To that end the NICS will be in touch in the coming weeks to organise engagement. However, if you have any issues or concerns that you would like to raise in the interim, please send your message to the Post EU Exit Coordination Mailbox at peuec@executiveoffice-ni.gov.uk. In parallel if you have any technical queries or questions about the BTOM please contact border.enquiries@cabinetoffice.gov.uk. Note that by emailing the Cabinet Office you are consenting to be part of the Bulletin email distribution list. Following the BTOM publication, the Government is holding a series of sector specific online training sessions to prepare traders.  These will take place on the following dates:- 7 September 2023 – horticulture sector; 12 September 2023 – live animals/germinal products; 12 September 2023 - fisher products and seafoods; 13 September 2023 – fresh produce sector; 14 September 2023 – meat and poultry sector; 15 September 2023 – composite products sectors; 18 September 2023 – animal by-products sectors; 18 September 2023 – dairy sector; and 21 September 2023 – exports from Ireland. More information on these events and how to register can be found at  https://www.eventbrite.com/cc/the-btom-what-are-the-sps-border-controls-2144279. Phased migration of exports to the CDS  A phased approach has recently been announced to the migration of exports from CHIEF to the CDS. As a result, the final date for migration of exports to the CDS is now 30 March 2024, and not 30 November 2023, although some exporters must still meet the 30 November deadline. During the first phase, HMRC and its software developers intend to support selected high-volume declarants to move to the CDS for exports by 30 November 2023. The second stage of this approach will see all others move to CDS for exports by 30 March 2024. More information will be provided in due course to enable traders to determine in which phase they are required to participate. The new phased approach aims to enable HMRC and delivery partners to build on existing IT testing and undertake additional performance analysis while businesses with the existing IT functionality start to migrate. Interaction of the new alcohol duty rules with the CDS Changes to the structure of alcohol duty took effect from 1 August 2023. Pre-lodged CDS declarations submitted before this date which arrived on the CDS on or after 1 August 2023 and used the 300 and X300 codes need to be cancelled or amended. These can be amended until the declaration has arrived. Once the declaration has arrived, it cannot be amended and CDS will reject it. A new declaration needs to be submitted in these cases. Guidance is available on GOV.UK on how to cancel or amend a declaration on the CDS. Miscellaneous updated guidance etc. The following guidance, and publications relevant to EU exit are available:- Apply to claim a repayment or remission of import duty on ‘at risk’ goods brought into Northern Ireland; Reference documents for The Customs (Reliefs from a Liability to Import Duty and Miscellaneous Amendments) (EU Exit) Regulations 2020; Reference Documents for The Customs (Tariff Quotas) (EU Exit) Regulations 2020; Reference document for authorised use: eligible goods and authorised uses; Customs, VAT and excise UK transition legislation from 1 January 2021; Reference Documents for The Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020; Data Element 2/3 Documents and Other Reference Codes (National) of the Customs Declaration Service (CDS); UK Trade Tariff: duty suspensions and autonomous tariff quotas; CDS Declaration Completion Instructions for Imports; Measurement unit codes for Data Elements 2/3 and 4/4 of the Customs Declaration Service; Apply to delay or pay less duty on goods you import to process or repair Check if you can pay less duty if your goods are imported into authorised use; Search the register of customs agents and fast parcel operators; CDS Customs Clearance Request Completion Instructions for Inventory Exports; and CDS Declaration Completion Instructions for Exports.

Revenue has published a Tax and Duty Manual setting out the procedures to follow where Revenue requests the submission of security from taxpayers. Section 99 VATCA 2010 provides that Revenue can request a trader to submit security where a VAT refund is claimed in certain circumstances. Section 109 VATCA 2010 provides that Revenue can request that security is submitted for VAT that might become due, where Revenue is of the view that it is necessary.

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. A new webinar has also been launched on the National Minimum Wage and salaried hours work.