Revenue has informed us that it has released a number of fixes to Form 11 2023 following the report of a number of issues with its processing and computation systems. However, several items are still to be resolved:  Issues where ROS is taxing deposit interest at 40 percent,  Issues where ROS is not applying the 3 percent USC rate on non-PAYE income exceeding €100,000.   Revenue plans a further release by 15 July 2024 to apply the correct treatment to both of these areas.   The issue with Department of Social Protection (DSP) income pre-population on Form 11 2023 was fixed on 2 April 2024 and is working correctly for DSP pension payments. However, a further fix is being worked on for other DSP incomes (Jobseekers, Illness benefit, etc.).   The issue with DSP pre-population on Form 11 2022 has been incorrect since 2 April 2024, and affects late filers from that date. It is due to be fixed on 15 July.    Furthermore, the Institute has been made aware of unannounced changes to Form 11 2023  which may impact taxpayers and their agents, in particular those using third party software. We have requested that Revenue clarify the changes being made and will continue to update members via Tax News. 

Ahead of the UK’s general election on Thursday 4 July, we take a look at the tax policies of the two largest parties in Northern Ireland.  The DUP’s tax policies and promises  The Democratic Unionist Party (DUP) published its full manifesto last week. The party continues to argue that further work is needed on the Windsor Framework and “we will continue to argue the case for the full primacy of the United Kingdom internal market, and we will continue to reject the undermining of its integrity………..In October, as part of the NI Assembly vote on the current arrangements, we will not hesitate to vote against their continued application and, drawing upon the new mechanisms at our disposal, we will continue our quest through the inbuilt review.”  A lower rate of corporation tax for Northern Ireland also featured, something which the Institute has been campaigning on for many years. The Institute is currently developing a briefing paper on the benefits, challenges, and potential mitigations to any challenges of a lower rate of corporation tax for Northern Ireland which it plans to use as a mechanism to drive this issue forward.   The DUP’s analysis of a lower rate of corporation tax for Northern Ireland features on page 29 of their manifesto and reads as follows:  “Lowering the rate of corporation tax in Northern Ireland has been a longstanding DUP policy. This would boost Northern Ireland as an attractive investment opportunity, building on the strength, skill and ingenuity of our workforce. The minimum effective 15% rate in the Irish Republic places firms in Northern Ireland at a competitive disadvantage and we want to see this addressed. We continue to advocate for a reduction in corporate tax across the United Kingdom and DUP MPs opposed the increase in the main UK corporation tax rate from 19% to 25% in 2023.   The DUP believes there are a number of fundamental issues that require resolution with the Treasury before the powers to vary corporation tax rates - which are already provided for in law - can be enacted. We are clear that progress must be based on solid foundations. That means ensuring a process of implementation that protects spending on public services in the short to medium-term.”  DUP MPs will also campaign to:   Oppose the freeze on the personal tax allowance and higher rate income tax threshold  Seek further reductions in national insurance  Support an increase in the starting age for employee national insurance  Encourage the government to explore the merits of moving to single tax on all income, replacing income tax and national insurance  Freeze vehicle excise duty  Abolish VAT on domestic electricity bills  Maintain the freeze on fuel duty  Oppose any increase in insurance premium tax   Increase the tax-free childcare allowance from 20 percent to 35 percent  Remove the cap on tax free childcare above £2,000  Scrap VAT on school uniforms  Support the triple lock on state pensions   Support the personal allowance for pensioners always being above the amount of the state pension  Increase the VAT registration threshold for SMEs to £100,000 and then uprate it in line with inflation  Drive up the number of SMEs benefiting from tax reliefs  Ensure the national insurance liability for small businesses is fair: the Employment Allowance should be uprated in line with increases to the national living wage  Promote greater awareness of capital allowances and R&D tax reliefs among local businesses  Explore the potential introduction of an online sales tax targeting online corporates and marketplaces  Support robust efforts to crack down on global tax evading corporations  Aim for the VAT system to be better utilised to incentivise investments that promote improved productivity through low-carbon and green technologies  Continue to campaign for a reduction in VAT for hospitality across the UK, and   Expand UK research & development tax relief for small and medium sized enterprises to include capital expenditure.  In its 2022 Assembly Election manifesto, the DUP also argued that the necessary capacity did not exist for Northern Ireland to devolve additional fiscal powers. That remains its position at this time.   Sinn Fein’s tax policies  Sinn Fein published its full manifesto in mid-June, a 10 page document which did not contain any detail on tax pledges. However publicly, the party has taken a slightly different position to the DUP on the devolution of more fiscal powers arguing that although there are "important considerations" about the political and administrative capacity for Stormont to take on new responsibilities, the experiences of Scotland and Wales demonstrate that this capacity can be developed over time which "it is not a reason in itself to not consider devolution". 

Revenue has published a report setting out the key findings from the public consultation on modernising Ireland’s administration of VAT. The initial stage of the consultation, which launched in October 2023, focused on the modernisation of Business to Business (B2B) and Business to Government (B2G) VAT reporting, underpinned by eInvoicing.  The Institute’s response to the consultation, under the auspices of the CCAB-I, was one of 1,118 responses received by Revenue. The majority of responses were received from VAT registered businesses, of which 54 percent operate as a sole trader or partnership. Only 20 percent of business respondents trade in goods only, 55 percent provide only services, with 25 percent providing both goods and services.   The majority of business respondents had annual turnover not exceeding €700,000, with 46 percent reporting annual turnover of less that €100,000. By contrast, just 6 percent of responses were from firms whose turnover is more than €12 million each year.   Businesses and other stakeholders both emphasised the need for modernisation to be implemented cost-effectively and within existing businesses systems as far as possible, with minimum business disruption in terms of cost and resource time. An appropriate lead-in time with phased implementation and a suitable transition period, supported by early publication and certainty on the detailed technical requirements with a strong preference that these specifications should be consistent with VAT in the Digital Age (ViDA) is a priority. They also highlighted the importance of maintaining robust controls and data security measures to safeguard sensitive financial information from cyber threats and data breaches.  Revenue acknowledges and thanks all those who took the time to contribute to the process. It notes that further consultations and other public engagement will follow, as reform proposals take clearer shape, are tested, refined, and put into operation.  The CCAB-I will continue to work with Revenue on this project via the TALC Indirect Forum and TALC VAT Modernisation Subgroup and will keep readers updated.  

The latest Tax Gap publications for 2022/23 were published last month by HMRC and set out how the tax gap has increased by £1.7 billion to £39.8 billion in absolute terms. In percentage terms the tax gap is 4.8 percent (5.2 percent 2021/22) of the £823.8 billion total theoretical tax liabilities for 2022/23. The tax gap is the difference between what HMRC expects the total tax take for 2022/23 to be, and the actual tax received. According to the statistics in the publications which are linked below, small businesses accounted for nearly two thirds of unpaid tax.   The largest components of the tax gap by tax type are the Corporation Tax gap and the Income Tax, National Insurance Contributions and Capital Gains Tax gap, both at a 34 percent share, followed by the VAT gap with a 20 percent share. As in previous years, the tax gap from small businesses is the largest component of the tax gap by taxpayer group which was a 60 percent share in 2022/23.   There was also strong year-on-year growth in HMRC’s tax receipts in these two years, most likely due to fiscal drag. You can read the published receipts figures on GOV.UK.  The 2022/23 Tax Gap publications are as follows:  Measuring tax gaps tables  Quality report: Measuring tax gaps, and  Measuring tax gaps 2024 edition: tax gap estimates for 2022 to 2023.   

Do you complete expenses and benefits returns? Or do you complete online filing for employment related securities? If so, you have a key role to play in ensuring returns are submitted by the 2023/24 filing deadline of 6 July 2024 and payments are made on time. The 2023/24 deadline to apply for a PAYE settlement agreement (PSA) is 5 July 2024, with payments due by 22 October 2024 (19 October 2024 if not paying electronically).  By way of reminder, from 6 April 2023, forms P11D and P11D(b) can only be submitted online by employers (except for the digitally excluded). Also, since 6 April 2023, an online service is available for employers and their agents to apply for a PSA.   It should also be noted that where Enterprise Management Incentive (EMI) options are granted on or after 6 April 2024, although the statutory reporting deadline is 6 July following the end of the tax year, some plan rules require the employer to notify HMRC within 92 days of grant. If this is the case, failure to report within the deadline can lead to the option lapsing or becoming non-tax advantaged. We recommend that employers check any EMI plans urgently to ensure this deadline is not missed.     Here’s a reminder of the key deadlines:  6 July 2024 - deadline for submitting all 2023/24 P11D(b) and P11D forms, and the employee must receive their copy of the P11D  6 July 2024 – deadline for online reporting of the 2023/24 annual return in respect of employment related securities  19 July 2024 - deadline for non-electronic payment of Class 1A National Insurance Contributions (NIC) for 2023/24, and   22 July 2024 - deadline for electronic payment of Class 1A NIC for 2023/24.   Looking ahead to the future, we also remind you that from April 2026, the reporting and payment of income tax and Class 1A National Insurance Contributions on benefits in kind must be done via payroll software.  

In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit. The most recent Trader Support Service bulletin is also available and HMRC is warning about issues with license data flows between the Customs Declarations Service (“CDS”) and the Department for Business and Trade's (DBT) electronic licensing systems.   CDS licensing issues  HMRC has become aware of issues with licence data flows between the CDS and the DBT’s electronic licensing systems (also known as SPIRE/LITE). According to HMRC, these are temporary issues which happen if a CDS export declaration contains errors that impact the licence. If this occurs, the declaration cannot progress to cleared. HMRC has published guidance for declarants on how to deal with the issue and is currently working on a resolution with the DBT. An update will be provided in due course.  Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:  Authorised Consignee Temporary Storage (ACTS) location codes for Data Element 5/23 of the Customs Declaration Service  Known error workarounds for the Customs Declaration Service (CDS)  Claim repayment or remission of charges on rejected imports  How to claim a repayment of import duty and VAT if you've overpaid  Transit newsletters — HMRC updates  Internal temporary storage facilities (ITSFs) 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  Apply for release of a private vessel on payment of Customs Duty and VAT.   

Revenue has updated the Tax and Duty Manual which provides guidance on the Enhanced Reporting Requirements (ERR) for employers. As previously reported, the period of Revenue’s ‘service to support compliance’ is extended to the year end. The updated guidance therefore confirms that in the period 1 July 2024 to 31 December 2024, Revenue will continue to support employers in relation to their ERR obligations and will not seek to apply penalties for non-compliance.  The updated manual also confirms that from 1 July 2024, there is a firm expectation that all employers providing reportable benefits submit details of same on or before the provision of the benefit. It is also expected that any employer who commences filing after 1 July, will be expected to backdate its filings to 1 July 2024.   Employers experiencing difficulties complying with ERR are advised to report issues to Revenue through MyEnquiries, or through the National Employer Helpline, which can be contacted on (01) 738 3638 between 09.30 and 13.30 Monday to Friday.   Feedback on issues or problems you experience with the new ERR reporting regime can also be emailed to the Institute and we will continue to engage with Revenue through the TALC process.  

Revenue has updated the Tax and Duty Manual which outlines procedures to make an application to pay Local Property Tax (LPT) by SEPA monthly direct debit. Paragraph 4 of the manual has been revised to include Andorra and the Vatican City in the list of countries in the SEPA area, and the screenshots to demonstrate online procedures in appendix 7 have been refreshed.

Revenue has updated the Stamp Duty Manual which provides guidance on the exemption from stamp duty on conveyances and transfers of property between associated companies. The exemption is provided under section 79 SDCA 1999 and is generally referred to as “associated companies relief”. The manual has been updated to clarify the treatment that may apply where the transferred property comprises shares in a company that is liquidated or dissolved within a two-year period following the transfer, resulting in the extinguishment of those shares (section 5.3.1).

Revenue has updated the Tax and Duty Manual regarding the confidentiality of taxpayer information. The updated guidance addresses the authorised disclosure of taxpayer information in the context of Joint Audits carried out by Revenue officials in conjunction with nominated officials from other EU Member States(paragraph 4.13). Section 891L TCA 1997, introduced by Finance (No. 2) Act 2023, implemented article 12a of DAC7. A joint audit is an administrative inquiry conducted by Revenue and the competent authority of another Member State when linked to a person of common or complimentary interest in both jurisdictions. At a recent meeting of the TALC Audit Sub-Committee, Revenue confirmed that the joint audit process is outside the scope of the Compliance Intervention Framework.

Revenue has updated the following guidance to reflect increases in the 2024 tax rate bands and tax credits in Finance (No.2) Act 2023: High Income Individuals' Restriction regarding income chargeable to tax at the standard rate in joint assessment cases; PAYE reviews where Week 53 applies; and Guidance on the income tax treatment of married persons and civil partners.

Revenue has updated the Tax and Duty Manual which provides guidance on tax relief for charitable donations to approved bodies. The amendments include: Examples of payments to "approved bodies" which are not considered a relevant donation for the purposes of the Charitable Donation Scheme (paragraph 3); Educational institutions defined in section 53(1)(a) of the Higher Education Authority Act 2022 and the Royal Irish Academy are added to the list of approved bodies (paragraph 6); and The increase to €250,000 in the minimum annual income limit for audited financial accounts (paragraph 8).