In this week’s miscellaneous updates, we bring you the news that the Chief Executive of HMRC has announced that he is retiring next year. The latest Administrative Burdens Advisory Board report has been published the headlines from which are that many agents/businesses do not believe that there will be any benefits from Making Tax Digital for income tax (MTD ITSA). Frustration with HMRC’s poor service levels also continues to grow. Regulations have been published on the information requirements for the new research and development (R&D) tax relief regimes and HMRC has published guidance/forms for certain overseas companies to register for corporation tax. The latest schedule of HMRC live and recorded webinars for tax agents is also available for booking. Spaces are limited, so take a look now and save your place. And finally, check HMRC’s online services availability page for details of planned downtime and the online services affected. HMRC Chief Executive to retire Sir Jim Harra, Chief Executive of HMRC, is to retire in April 2025. Mr Harra, who is originally from Northern Ireland, announced his retirement last week in a LinkedIn post saying ‘I am due to complete my tenure as first permanent secretary/chief executive in the spring, when I will be retiring from HMRC and the Civil Service. ‘The recruitment exercise to find my successor is now under way. If you have the right skills and experience, please consider applying – it’s a fascinating and rewarding role with national impact, for candidates of the right calibre.’ Mr Harra has been Chief Executive and first Permanent Secretary of HMRC since 2019. 2023/24 Administrative Burdens Advisory Board report The Administrative Burdens Advisory Board (ABAB) recently conducted its annual survey in its role to survey the needs of small businesses in the context of the UK tax system. The ABAB was established in 2006 to provide valuable business insight and expertise to HMRC, acting as a ‘critical friend’ on issues relating to regulation and administration of tax for small businesses. The ABAB also challenges HMRC on performance, providing robust, independent scrutiny against key initiatives that affect small businesses. This year a record number of over 10,000 responses were received to the survey, comprising 84 percent from businesses and 16 percent from agents.  The outcome of the survey has been published in the Tell ABAB report for 2023 to 2024 the key findings are as follows: Just over 33 percent of respondents described themselves as being aware or very aware of MTD ITSA, suggesting that awareness appears to be low, though it should be noted that of the businesses who responded to the survey, this may include companies and partnerships who will not be directly impacted by MTD ITSA, 64.6 percent of respondents said that MTD ITSA would have no benefits with 63.1 percent saying that the digital record keeping requirement will increase costs, and The survey responses suggest an ongoing and growing sense of frustration when engaging with HMRC with 56.7 percent of respondents rating HMRC’s webchat and telephony services as poor, up from 39.8 percent in 2022/23. When asked about their experience of dealing with HMRC in the last 12 months, 42.2 percent of respondents said it was worse, compared with 33.6 percent in 2022/23. The outcome of the survey has been shared with the Exchequer Secretary to the Treasury (XST) and it is expected that in December 2024, the ABAB will submit its annual report to the XST which will review HMRC’s progress and performance against the priorities set in the ABAB’s 2022/23 report.    Regulations published on merged R&D expenditure credit information requirements For accounting periods commencing on or after 1 April 2024, the UK’s R&D tax relief regime was majorly reformed when the merged R&D expenditure credit (RDEC) and the enhanced R&D intensive support (ERIS) regimes were introduced. As a result, the information requirements for the merged RDEC and the ERIS regimes have changed hence The Research and Development Relief (Information Requirements etc.) Regulations 2024 have now been published to implement these changes. Broadly, the information requirements under the legislation, which set out the content of the Additional Information Form, are consistent with the requirements prior to 1 April 2024. However, the regulations now provide a statutory footing for claimants to disclose expenditure claimed in relation to the qualifying element of contracted out R&D expenditure. In addition, if expenditure is incurred in relation to Externally Provided Workers and contracted out R&D, the regulations now include a requirement to disclose further information if the relevant activity was undertaken outside of the United Kingdom. This is by virtue of the general exclusion of overseas R&D activity which is subject to certain exceptions. Additional disclosure requirements also arise in relation to companies with a registered office in Northern Ireland. The new requirements took effect from 2 October 2024. HMRC guidance/forms for overseas companies to register for corporation tax Last month, the HMRC guidance page ‘Corporation Tax for non-UK incorporated companies’ was updated in respect of the corporation tax registration process for overseas companies that are not able to use the joint registration process via Companies House. As set out in the guidance, although various categories of non-UK tax resident company can be within the scope of UK corporation tax, these do not always come within the rules that require such companies to register with Companies House. The updated guidance page therefore clarifies the process required for such companies and provides links to further new guidance and online forms.

HMRC has published further draft guidance on the multinational top-up tax and domestic top-up tax. This release includes all previously released pages (including updates in some cases) in addition to newly drafted pages. For further information, including an overview of which pages are new or significantly revised, see the introduction in the document. HMRC invites comments from stakeholders on this draft guidance. Please email responses to the inbox: pillar2.consultation@hmrc.gov.uk. Include the page reference number in responses where applicable. Publication of the manual will begin following the review of consultation responses. A supplementary release of draft guidance will follow in due course. This will include remaining draft guidance on flow-through entities, joint ventures, the insurance sector, additional top-up amounts, and the undertaxed profits rule. A final release of draft guidance is expected by December, which will include an updated map of the OECD documents as they relate to UK legislation. HMRC will begin to publish finalised pages as an HMRC manual prior to that.  

Based on feedback from various agent representative bodies, including the Professional Bodies, HMRC is making changes to the services it provides for agents with Self-Assessment (SA) and PAYE queries via the Agent Dedicate Line (ADL) and the introduction of a new webchat service. These changes, which take effect from today Monday 7‌‌‌ ‌‌October 2024, aim to provide better support to agents. More detailed information is available in an email from HMRC but broadly, the changes mean that agents will be able to call the ADL for queries relating to both SA and PAYE as HMRC recognise the need for a combined resource.  In addition, a new webchat service solely for agents, covering both SA and PAYE (but not PAYE repayment claims) is now available on GOV.UK. Agents can discuss up to a maximum of 5 taxpayers on an ADL call or webchat and when calling the ADL are now presented with a new telephony option for progress-chasing SA repayments (the route for PAYE repayments is unchanged). More information is available at the following links: Agent Dedicated Line: Self-Assessment or PAYE for individuals, and Dedicated helplines and contacts for tax agents. Chartered Accountants Ireland will be monitoring the impact of these changes as it has long been recommending to government that enhanced services for agents need to be provided.

In Irish news, Finance Bill 2024, which implements the tax changes announced on Budget day, was published yesterday. We will provide our analysis in Tax News on Monday. In the UK, HMRC has changed the services it provides to agents calling the Agent Dedicated Line and further draft guidance on the Pillar Two multinational top-up and domestic top-up taxes has been published for comment. In International news, the EU and Norway have signed an agreement to strengthen administrative cooperation, combating fraud and recovery of claims for VAT purposes.  Ireland 1. The Department of Finance have published Finance Bill 2024. 2. The guidance on agricultural relief has been refreshed. UK 3. The Chancellor and Prime Minister’s recent Labour Party Conference speeches provided a further update on the new Government’s tax policies. 4. There’s still time for companies to participate in our campaign to reduce the rate of corporation tax in Northern Ireland. International 5. The signing ceremony for the OECD’s Pillar Two rules took place recently. Keep up to date with all the latest Irish, UK, and international tax developments through Chartered Accountants Ireland’s Tax Newsletter. Subscribe to the Tax News by updating your preferences in MyAccount. You can also read this week’s EU exit corner.          

In addition to the targeted VAT supports announced under the banner of cost of living and supporting climate action, the VAT registration thresholds will also increase for a second year in a row. The flat rate compensation for farmers who are not registered or required to register for VAT will also increase.  VAT registration thresholds   From 1 January 2025, the VAT registration thresholds will increase from €40,000 for services to €42,500, and from €80,000 to €85,000 for goods. The increases aim to ensure that small businesses remain below these thresholds and do not have to register. The full year cost of the increases is estimated to be €15 million.  Farmer’s flat rate compensation  The flat rate compensation for farmers will increase from 4.8 percent to 5.1 percent from 1 January 2025.  The flat-rate compensation scheme is a special scheme for farmers who are not registered, or required to register, for VAT. The scheme is designed to compensate flat-rate farmers for the VAT they incur on farming costs without having to register for VAT. 

A range of measures to further the transition to an ever “greener” economy were also announced which included the expected €7.50 increase to carbon tax, a reduced VAT rate for heat pumps, and a new benefit in kind exemption for electric vehicle charging facilities.   Carbon tax   The rate per tonne of carbon dioxide emitted for petrol and diesel will increase from €56.00 to €63.50 from 9 October as per the trajectory set out in the Finance Act 2020. This increase will be applied to all other fuels with effect from 1 May 2025.   Emissions based Vehicle Registration Tax (VRT) for Category B Vehicles   An emissions-based approach to VRT for category B commercial vehicles is being introduced. This proposal will introduce a lower 8 percent rate for category B vehicles with CO2 emission of less than 120 grams per kilometre with a view to incentivising uptake of these lower emissions vehicles.  The weight carriage ratio for electric commercial vehicles is also being changed to enable them to qualify for the VRT rate of €200.  VAT rate on the supply and installation of heat pumps  Following amendments in the VAT Directive it is possible to apply a reduced VAT rate on heat pumps meeting specific technical standards. A VAT reduction to 9 percent for heat pumps is proposed from 1 January 2025 to incentivise homeowners to install heat pumps.  Accelerated Capital Allowances: gas and hydrogen vehicles  The Accelerated Capital Allowances scheme for gas and hydrogen-powered vehicles and refuelling equipment provides a tax incentive for companies and unincorporated businesses who invest in such vehicles and equipment for the purposes of their trade. The relief will be extended for a further year, to 31 December 2025, to allow the Department of Transport time to review the climate policy objectives underlying the scheme and to determine its future trajectory.  Benefit In Kind (BIK) treatment of Battery Electric Vehicle home chargers  A BIK exemption is being provided in circumstances where an employer incurs an expense in connection with the provision of a facility for the electric charging of vehicles at the home of a director or employee.  Emission thresholds for vehicle capital allowances  The CO2 thresholds for claiming capital allowances on business cars are being adjusted downward in light of improved vehicle emissions standards.   From 1 January 2027, an expenditure of €24,000 will be allowable for cars with CO2 emissions of 0-120g/km. A reduced amount of €12,000 will be allowable for vehicles with CO2 emissions of 121-140g/km. There will be no allowable expenditure for vehicles with emissions >141g/km. 

The announcements featured a range of supports in recognition of the importance of agriculture and the agri-food sector in the economy.   Accelerated Capital Allowances: Farm Safety Equipment  Accelerated capital allowances for expenditure incurred by farmers on certain farm safety equipment, and adaptive equipment for farmers with disabilities are available at 50 percent per annum over two years for eligible equipment.   Under Budget 2025, this measure is being broadened to allow for relief in respect of expenditure by famers on certain Targeted Agriculture Modernisation Schemes (TAMS).   Stock Reliefs   Stock reliefs are given as a deduction from trading income and are available in respect of the computation of farming profits. Subject to meeting certain conditions, a person carrying on the trade of farming is entitled to a stock relief deduction for an accounting period in which there is an increase in the value of the trading stock of the farming trade over the accounting period.   The following three stock reliefs, which were due to expire on 31 December 2024, are now being extended for a further three years to 31 December 2027:   General Stock Relief,   Young Trained Farmer Stock Relief, and   Stock Relief for Registered Farm Partnerships. 

An additional €1.37 billion in funding for childcare provision and extended mortgage interest tax relief for a further year were the main features. The 9 percent rate of VAT on gas and electricity will continue until April 2025.  Childcare provision  This additional funding will support the continued implementation of the National Childcare Scheme (NCS) subsidy, the Early Childhood Care and Education (ECCE) programme as well providing additional allocations toward Core Funding to support employers in meeting further increases in minimum rates of pay for those working in the sector.   In addition, two double payments of Child Benefit will be made to all qualifying households before the end of the year.  Mortgage interest tax relief  Mortgage interest tax relief, which was introduced on a temporary basis in Budget 2024, is being extended by one further year. Qualifying homeowners will be eligible for the relief in respect of the increased interest paid on their mortgage in the calendar year 2024 over the calendar year 2022 at the standard rate of income tax (20 percent), capped at €1,250 per property.   There is no change to the qualifying criteria for the relief, including that qualifying homeowners must have an outstanding mortgage balance on their principal private residence of between € 80,000 and €500,000 on 31 December 2022.  9 percent VAT for gas and electricity  It is proposed to extend the 9 percent VAT rate from 1 November 2024 to 30 April 2025 to address cost of living pressures associated with the price of gas and electricity. 

The key changes announced in Budget 2025 are: Increases to tax credits and bands as well as a 1 percent reduction in the USC,  An increase in the rental tax credit to €1,000, including a retrospective increase to its level in 2024,  The first increases in the CAT group tax free thresholds since 2019,  Enhancements to some business and investor reliefs, including a change to the proposed €10 million cap on retirement relief for family transfers of businesses, The small gift exemption which allows an employer to reward employees has been enhanced to allow five non-cash gifts up to a value of €1,500 per year,  Revenue will conduct a range of targeted compliance management activities in 2025, and  Confirmation that the participation exemption for foreign sourced dividends will commence as expected from 1 January 2025.  The Institute has a webpage dedicated to Budget 2025 where you can find further information. 

Budget 2025 saw the announcement of a series of tax measures to benefit both prospective buyers in addition to renters, alongside the announcement of €1.25 billion in additional funding to accelerate the building of new homes by the Land Development Agency. Stamp duty rates were also increased for higher value residential properties and bulk purchases, effective from today.   Rent tax credit   The rent tax credit is being amended to increase the amount that can be claimed from €750 to €1,000 (or €2,000 in the case of a jointly assessed tax-payer unit). This increase will apply in respect of the 2025 year of assessment.  In addition, the Minister also announced in his speech that in recognition of the cost-of-living pressures facing many renters right now, the credit will also be increased in 2024 to €1,000 and €2,000 respectively.  Help To Buy scheme   The Help to Buy scheme is an income tax measure intended to assist first-time buyers with the deposit required to purchase or self-build a new house or apartment to live in as their home. The scheme will be extended for a further four years, from the end of 2025 to the end of 2029.  Vacant Homes Tax  The rate of the Vacant Homes Tax is being increased from five times to seven times a property’s existing base Local Property Tax liability. This increase will take effect from the next chargeable period, commencing 1 November 2024.  Stamp duty changes   A third rate of Stamp Duty on higher value residential properties is to apply where the value/acquisition price involved exceeds €1.5 million. A new rate of 6 percent will now apply to the element of the value above €1.5 million. This change has immediate effect with normal transitional arrangements applying to transactions in process.  The existing 1 percent rate on residential properties valued up to and including €1 million, and 2 percent on any value above €1 million but below €1.5 million will continue to apply.   In addition, the Stamp Duty rate applied where 10 or more houses are acquired in any 12-month period is being increased from 10 percent to 15 percent, again with effect from Budget night. Transitional arrangements will also apply.   Pre-letting expenses  A deduction (capped at €10,000 per premises) from rental income for certain pre-letting expenditure is already available. This relief will be extended for a further three years to 31 December 2027.  Residential Zoned Land Tax (RZLT)  The RZLT is a new tax on land both zoned for residential development, and which has the necessary services in place to develop housing. The tax is designed primarily as a behaviour changing measure and not to be a significant revenue raising measure. RZLT is an annual tax, to be calculated at 3 percent of the market value of the land in scope.   Provision was made in the Finance Act 2021 for the RZLT. Amendments to the RZLT legislation will feature in Finance Bill 2024 which will provide for a further opportunity for RZLT landowners to seek a change in zoning in 2025 to a zoning which reflects the economic activity they undertake on the land.   Legislation will also be introduced to allow for 12-month deferral of RZLT liability between the grant of planning and commencement of development, exemption during Judicial Review  Proceedings brought by a third party as well as technical amendments.   To ensure local authorities appropriately consider requests the Minister for Housing, Local Government and Heritage will issue guidelines to local authorities indicating that they should consider and accommodate rezoning requests where landowners seek to continue undertaking existing economic activity.   

The main measures announced were the now usual annual Budgetary increases in excise duty for tobacco products, and the expected announcement of a new duty on e-cigarettes and vaping.  The bank levy was also extended to 2025  Tobacco excise  Excise duty on tobacco products is being increased by €1, inclusive of VAT, on a pack of 20 cigarettes in the most popular price category, with pro rata increases being made on other tobacco products.   Normally such a change would take effect from midnight tonight however the Budget 2025 Financial Resolutions which would confirm this have not yet been published.  E-cigarettes  Budget 2024 set out the Government’s intention to introduce a domestic tax on e-cigarettes and vaping in this year’s Budget. The Budget confirmed today that excise duty on e-cigarettes is being introduced and will apply to all e-liquids at a rate of 50 cents per ml of e-liquid. According to the Minister for Finance’s speech, a typical disposable vape contains 2ml of e-liquid, and costs in the region of €8. This new tax will bring the price of such a product to €9.23 including VAT.   Stressing once again the operational and administrative challenges associated with this new tax, it will not commence until mid-2025 and therefore will be subject to a commencement order.  Small producers of cider and perry  The excise relief for independent small producers of cider and perry is being extended to cover what is known as other fermented beverages, which includes products such as mead and wines other than grape wine such as elderberry wine, strawberry wine etc., as well as to higher strength cider and perry.  Bank levy  A revised bank levy was introduced for 2024, and this is now being extended for one further year to apply in 2025. This applies to those banks that received financial assistance from the State during the banking crisis, (AIB, EBS, Bank of Ireland and PTSB). It is expected that estimate revenue of €200 million will be collected in 2025.  Compliance  Revenue will conduct a range of targeted compliance management activities in 2025. It is expected that additional Exchequer receipts will arise from increased taxpayer compliance in a range of economic areas. The yield form this is estimated to be €70 million. 

The Minister announced the first increases to the capital acquisitions tax (CAT) group thresholds since October 2019. In addition, a range of changes and enhancements are being made to retirement relief, the new angel investor capital gains tax (CGT) relief, and the reliefs for investments in corporate trades, whilst the active farmer test for CAT agricultural relief is being extended to the disponer.  CAT thresholds  Increases to the three group thresholds for gifts or inheritances will apply as follows:  Group A from €335,000 to €400,000,  Group B from €32,500 to €40,000, and  Group C from €16,250 to €20,000.  For CAT purposes, the relationship between the person giving a gift/inheritance (the disponer) and the person who receives it (the beneficiary) determines the maximum amount (the “group threshold”) below which CAT does not arise. The standard rate of CAT remains unchanged at 33% in respect of gifts and inheritances taken on or after 6 December 2012.   CAT agricultural relief (AR)  The six-year active farmer test for the purposes of CAT agricultural relief is extended to the disponer and requires the donor to meet the six-year active farmer test in order for the beneficiary to benefit from AR. This narrows the relief to benefit farmers and safeguard AR for the genuine active farmer and the next generation of farmers. No date has been given for this change.  CGT retirement relief  Finance Act 2023 increased the age parameters (the upper age limit was extended from aged 65 until 70 and the reduced relief available on disposals from age 66 onwards was increased to age 70). It also introduced a cap on retirement relief of €10 million on the relief available up to age 70 for disposals to a child which is expected to take effect from 1 January 2025.  Finance Act 2024 will retain the increased upper age limit and introduce a clawback period of 12 years for the relief available on disposals over €10 million, after which the CGT will be abated.   These changes aim to ensure that the intergenerational transfer of Irish family businesses continues to be supported by the tax system. According to the Budget publications, this is estimated to cost €15 million in a full year.  CGT angel investor relief  This relief was announced in Budget 2024 and is targeted at encouraging business angel investment in innovative start-ups by offering a reduced CGT rate of 16 percent/18 percent for individuals and partnerships. The relief is due to commence “shortly” according to the Budget publications. However, it is now proposed to increase the lifetime limit on gains, on which the reduced rate of Capital Gains Tax applies, from the €3 million originally announced in Budget 2024 to €10 million.  This new relief will be available to an individual who invests in an innovative start-up small and medium enterprise (SME) for a period of at least 3 years. The investment by the individual must be in the form of fully paid-up newly issued shares costing at least €10,000 and constituting between 5 percent and 49 percent of the ordinary issued share capital of the company.  The scheme will include a certification process, which will be conducted by Enterprise Ireland to ensure the relief is targeted at innovative SMEs that can demonstrate financial viability and compliance with the requirements of the EU General Block Exemption Regulation.  Qualifying investors will be able to avail of an effective reduced rate of CGT of 16 percent (or 18 percent if through a partnership), on a gain up to twice the value of their initial investment.  There will now be an increased lifetime limit of €10 million on gains to which the reduced rate of CGT will apply.  Relief for investment in corporate trades  Following a tax expenditure review, the Employment Investment Incentive (EII), Start-Up Relief for Entrepreneurs (SURE) and the Start-Up Capital Incentive (SCI) are to be extended for a further two years to 31 December 2025.   The limit on the amount that an investor can claim relief on for EII investments will be increased from €500,000 to €1,000,000. And it is proposed to increase the relief available to a maximum of €140,000 per year (€980,000 over 7 years) for SURE investments.