Comments from Chartered Accountants Ireland were included in a recent Sunday Independent article on the operation of benefit-in-kind on staff benefits. The Institute’s Head of Tax, Gearóid O’Sullivan was recently featured in the Sunday Independent answering readers’ questions on the rent tax credit and dividing land that is jointly owned.

Revenue has published the following new VAT manuals:  VAT notes for guidance following Finance Act 2024, and VAT treatment of share transactions and trading platforms. In addition, the following manuals have also been updated:  VAT Treatment of Factoring and Invoice Discounting, VAT and Solicitors includes a new paragraph (4) on legal fees relating to lenders, and VAT treatment of stock exchange fees has been updated to provide guidance on the current regime.

Section 125A SDCA 1999 provides for a stamp duty to be levied on certain health insurance contracts entered into between health insurers and their customers. Revenue has updated the Stamp Duty Manual which provides guidance on the levy on authorised insurers. The updated manual now includes the rates of the levy for accounting periods commencing on or after 1 April 2025, as provided for by section 10 of the Health Insurance (Amendment) and Health (Provision of Menopause Products) Act 2024, which was enacted on 11 November 2024.  The following stamp duty manuals have also been updated to reflect amendments to Part 9 SDCA 1999 contained in Finance Act 2024:  Part 9: Levies Part 9 - Section 126AB - Further levy on certain financial institutions

Revenue has published a new Tax and Duty Manual which provides guidance on obtaining a corporation tax deduction for stock exchange listing expenditure. With effect from 1 January 2025, new section 81D TCA 1997 provides corporation tax relief for expenditure of up to €1 million incurred by a company on listing its shares for the first time on an EEA stock exchange. According to the manual, the admission to trading of the company’s shares must take place on or after 1 January 2025 and on or before 31 December 2029.   

Revenue has updated the Tax and Duty Manual which provides guidance on pre-letting expenditure in respect of vacant residential premises. The updated manual now reflects the extension to 31 December 2027 for the deduction of expenses incurred on a vacant residential property against rental income from those premises under section 97A(2) TCA 1997.  

The Central Statistics Office (CSO) has published the Quarterly National Accounts for the third quarter of 2024. Modified Domestic Demand increased by 1.3 percent relative to the previous quarter and was up 4.1 percent on an annual basis. Gross domestic product (GDP) grew by 3.5 percent in Q3 2024 and increased by 2.9 percent on an annual basis.  Commenting on the figures, the Minister for Finance, Jack Chambers TD, said: “I am pleased to see continued strength in the domestic economy in the third quarter of 2024. Modified Domestic Demand – my preferred metric of Ireland’s economic performance – grew by 1.3 per cent on a quarterly basis and recorded strong annual growth of over 4 per cent. Importantly, growth on an annual basis has been broad based in nature with both consumer spending (1.7 per cent) and modified investment (10.4 per cent) making a positive contribution. This solid growth is consistent with the strength of our labour market and the robust exchequer figures released yesterday. Taken together these metrics all demonstrate that the economy has performed strongly this year. While today’s figures are encouraging they are, of course, backward looking. Indeed, the economic outlook has become increasingly uncertain and risks are now clearly titled to the downside with the most pressing risks external in nature. As a small, open and highly globalised economy, Ireland is particularly vulnerable to any deterioration in the external environment.  Put simply, these are risks that we cannot control directly – we must instead focus on managing what is in our control. In particular, we must continue to build up our fiscal buffers, invest in our people and our infrastructure, and ensure the economy remains competitive. This will help ensure that we are in the best position possible to address future challenges.” 

With November being the most important month of the year for tax receipts, the Minister for Finance noted that the recent November Exchequer figures indicate that tax revenues continue to perform well. November is the month in which the largest payments are made for corporation tax, as well as the last VAT-due month of the year. Total tax receipts for November amounted to €22.8 billion, €7.2 billion (or 46.1 percent) higher than November 2023.   November is also the deadline for self-assessed income tax. Income tax receipts in November were €4.7 billion, only €60 million (or 1.3 percent) ahead of November last year. However, this relatively weak performance year-on-year was offset by continued growth in PAYE receipts. Overall, income tax receipts were €1.9 billion, or 6.4 percent, ahead of November 2023.   Corporation tax receipts in November amounted to €13.7 billion, which is €7.4 billion (or 116.8 percent) higher than November last year. The bulk of the increase is due to receipts arising from the Apple tax case ruling in September. On a cumulative basis, corporation tax receipts of €35.0 billion are now ahead of last year by €13.0 billion (or 59.1 percent).  VAT receipts to end-November are €3.1 billion, 1.3 billion (or 6.4 percent) up on the same period last year. The Exchequer surplus stood at €13.8 billion, to end-November, an increase of €8.4 billion in comparison with the same period last year, reflecting the Apple tax case revenues received in November. Commenting on the figures, the Minister for Finance, Jack Chambers TD, said:  “The Exchequer returns to end-November show most tax heads have demonstrated steady growth across the year. The growth in income tax and VAT receipts demonstrates the strength of our economy and labour market, but our public finances remain exposed to highly volatile corporation tax receipts. This revenue stream is also skewed by the receipt of around two-thirds of the revenue arising from the CJEU ruling of September 10th.”   

In Irish news, we remind you of the approaching capital gains tax (CGT) payment deadline on Sunday 15 December and provide an update from the recent Tax Administration Liaison Committee (TALC) Collections meeting. In UK news, the deadline for agents to provide details of their agent codes is today Friday 6 December and in this week’s miscellaneous updates the latest Agent Update and the most recent News and Information Bulletin from HMRC contain important guidance on submitting self-assessment returns for 2023/24 where taxpayers are impacted by overlap relief and the transition year of basis period reform. In International news, the Commission has closed State aid investigations into the Fiat, Amazon and Starbucks tax rulings.  Ireland Readers are reminded that Sunday 15 December 2024 is the payment deadline for capital gains tax (CGT) liabilities arising in the period 1 January to 30 November 2024. We provide an update from the recent Tax Administration Liaison Committee (TALC) Collections meeting. UK The deadline for agents to provide details of their agent codes to HMRC is today, Friday 6 December. This week’s miscellaneous updates contains important guidance on submitting self-assessment returns for 2023/24 where taxpayers are impacted by overlap relief and the transition year of basis period reform. International The Commission has closed State aid investigations into the Fiat, Amazon and Starbucks tax rulings. 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 post EU exit corner.

The European Commission has closed three in-depth State aid investigations into transfer pricing tax rulings granted by Luxembourg to Fiat and Amazon, and by the Netherlands to Starbucks. Following judgments by the EU Courts, the Commission found that the tax rulings did not grant the companies selective advantages.

Income-based tax incentives for R&D and innovation (IBTIs), sometimes referred to as patent boxes, innovation boxes, or intellectual property (IP) regimes, reduce the tax burden on the income that firms generate from their innovation activities. They have become part of many governments’ tax supports policy toolbox, with more than half of OECD countries offering IBTIs in 2023. This blog highlights five need-to knows about these incentives, the key categories of IBTIs, and their use, design, generosity and cost to governments and draws on the latest OECD evidence in this area.

Revenue has updated the Tax and Duty Manual which explains some of the key definitions and terms used in the close company provisions in Part 13 TCA 1997. The guidance now outlines how, in certain circumstances, taxpayers can seek agreement from Revenue that the close company legislation will not apply to an Irish resident company where the ultimate ownership and control of the company is widely dispersed among a large number of investors in funds operated through a limited partnership structure (paragraph 1). The details to be submitted to Revenue for the request to be considered are also outlined in the manual. With effect from 2 December 2024, these requests must be submitted via the Revenue Technical Service in accordance with the procedures set out in its guidelines.

Section 840A TCA 1997 restricts the ability of certain companies to claim a deduction for interest payable on certain connected party borrowings to fund the acquisition of certain assets from other group companies. Revenue has published a new Tax and Duty Manual which provides guidance on interest on loans to defray money applied for certain purposes under section 840A.