As previously reported, Revenue has published general guidance for platform operators on how to register with Revenue for the reporting obligations in Ireland for the purpose of DAC7.  Registration must be completed by 30 November 2023. In addition, Revenue has included the relevant contact details relating to registration queries on its Automatic Exchange of Information (AEOI) webpage.  Filing queries may also be placed here and they will be directed accordingly.

This week we bring you news about new Guidelines for Compliance in relation to R&D tax relief claims and read HMRC’s email about new letters being sent in relation to R&D tax relief claims. HMRC has also published updated guidance on refunds of Section 455 tax on loans made by close companies to participators/associates, and, as previously advised, 23 November 2023 is the date by which action must be taken in respect of certificates of tax deposit. The latest Employer Bulletin is available which includes a timely reminder on reporting PAYE information in real time when payments are made early at Christmas and the November 2023 Agent Update has been published. HMRC performance statistics are now available for the quarter end September 2023 and HMRC has also recently launched a new marriage allowance tool.  R&D Guidelines for Compliance  On 31 October, HMRC published several Guidelines for Compliance (“GfC”) to help potential claimants check if work qualifies as R&D for tax relief purposes. References to claims for tax relief in the GfC mean either:- claims to additional deductions for R&D expenditure under the SME regime; or  claims to the R&D expenditure credit under the “large” company regime.  According to HMRC, the examples included therein aim to help companies understand general principles that apply to all R&D claims and have also been designed to help avoid common errors made when identifying and submitting R&D relief claims.    The GfC’s objectives are therefore to assist claimants to:-  find out if work may qualify as research and development for tax purposes;  understand HMRC’s expectations of those making claims;   better understand HMRC’s view of who is considered a competent professional;  be able to judge if a project is seeking an advancement in science or technology;  understand the meaning of ‘scientific or technological advance’ for tax purposes;   decide where the project begins and ends for the purposes of an R&D claim; and  understand the level of evidence relating to a qualifying project that HMRC may want to see.  According to HMRC, the publishing of these GfCs is an indication of HMRC’s commitment to improve and publish guidance that helps and supports claimants. In the coming months, HMRC is aiming to introduce further new guidance for potential R&D tax relief claimants.  HMRC also recently updated their directions under Regulations 3 and 10 of Income and Corporation Taxes (Electronic Communications) Regulations 2003 (SI 2003/282) in respect of the Additional Information Form (“AIF”) which must be submitted for all R&D tax relief claims from 8 August 2023. In limited circumstances, the updated regulations allow HMRC to accept the AIF to be submitted by email.   R&D letters  HMRC has sent the below email to Chartered Accountants Ireland which sets out details of new letters being sent out in relation to R&D tax relief claims which HMRC believes to be incorrect. Read the email below.  Email to Chartered Accountants Ireland  “In ‘HMRC’s approach to Research and Development tax reliefs’, we set out the scale of non-compliance in the regime, and the related need to use the full range of investigative and compliance techniques to address this.   One element in this is the use of paragraph 16 of schedule 18 to Finance Act 1998 where it’s appropriate for us to do so.   Paragraph 16 sets out:   “16(1) An officer of Revenue and Customs may amend a company tax return so as to correct–   (a) obvious errors or omissions in the return (whether errors of principle, arithmetical mistakes or otherwise), and   (b) anything else in the return that the officer has reason to believe is incorrect in the light of information available to the officer.”  We are correcting returns to remove Research and Development (R&D) tax relief claims where there is reason to believe they are incorrect, based on the information available to us. In these circumstances HMRC issues letters to help customers understand the reasons why we believe an R&D tax relief claim is not valid. This is aimed at claims where we’ve received information about the claim, but we believe it to clearly not be a valid claim (where there is any uncertainty an enquiry will remain the best option).   We wanted to highlight this approach to you in case you have had questions from your members.  New Letters  Additionally, we would also like to inform you of two letters the R&D Anti Abuse Unit (AAU) will be issuing imminently in response to claims being received that have a high risk of being invalid based on the information available to us:  The first letter will be issued where we suspect no advance in science or technology has been sought by the business, but where they may be advancing their own state of knowledge only.  The second letter will be issued in similar circumstances to the above but where the company is in a specific business sector where we wouldn’t normally expect R&D for tax purposes to have taken place, for example, hairdressers, beauticians, and personal trainers. Whether a company is in a specific business or trade sector is not the only consideration. This information is used in conjunction with other methods of identifying the correct customer base, so that we can reach as many companies as possible who may be approached by less than scrupulous R&D sales agents.   Both letters will request that the claimant reviews HMRC’s R&D tax relief guidance to see whether the activities they have claimed does qualify for relief. After reviewing the guidance, if the claimant finds that their activities does not qualify, they will be asked to amend their return with the R&D claim removed. If the claimant still believes they qualify, the letter will ask for them to provide further information to evidence the claim.”  Why are we issuing these letters  Reinforcing HMRC’s commitment to tackle error and fraud in the R&D tax reliefs system, the Anti Abuse Unit was set up in July 2022. The team’s aims include increasing compliance activity to quickly and effectively identify deliberately incorrect claims. The AAU also aims to increase HMRC’s efforts to educate, encourage and facilitate genuine businesses to get it right first time, reducing error as well as tackling abuse.  These letters are intended to both educate and reduce error, by informing businesses of the correct meaning of R&D for tax purposes, and tackle abuse of the system by ensuring clearly unqualifying claims are scrutinised."  Agent Update 114  Agent Update: issue 114 is available now. Get the latest guidance and information including:- electric charging of company cars and vans at residential properties;  property business arrangements involving hybrid partnerships – Spotlight 63;  second-hand motor vehicle VAT margin scheme deadline extension;  electronic sales suppression a year on: HMRC continues clamping down on major till fraud;  tips for when you must use post; and  the Income Record Viewer’s coding data extension from current year-only to include the previous 4 tax years.  Marriage allowance tool   We recently notified readers that at a recent meeting HMRC advised that although the marriage allowance online form is not currently mandatory, using the form may mean that claims are processed quicker. HMRC has now launched a new tool to help taxpayers calculate their potential tax saving if they claim the marriage allowance. Both parties to the relationship will need their national insurance numbers to use the tool which only works in simple cases.   If a taxpayer is in receipt of other income such as interest, benefits in kind or dividends, they will not be able to use the tool and should instead call the Income Tax helpline. 

As previously reported, Revenue has launched a public consultation on Value-Added Tax (VAT) modernisation. Revenue’s objective is to introduce real-time digital transaction-level reporting for business-to-business (B2B) and business-to-government (B2G) trade, supported by mandatory electronic invoicing (e-invoicing) for such transactions. The proposed changes would be significant for all businesses, requiring changes not only to their VAT processes but to their wider finance and systems infrastructure.  The consultation opened on 13 October 2023 and closes on 12 January 2024. The Institute, under the auspices of the CCAB-I, is responding to this consultation. Members wishing to provide input can email us.  This consultation phase concentrates on B2B and B2G reporting. It does not consider Business to Customer (B2C) transactions, nor does it look at other matters, such as the approach to VAT payment/repayments and accounting for VAT. These will be among the topics covered in future consultations. Revenue is interested in the views of all businesses and their agents, software providers, accountants, bookkeepers, representative bodies, and other stakeholders regarding the development of a new real-time digital VAT reporting system. The consultation provides a list of questions for consideration. The questions are not exhaustive, and views are welcome on some or all of the questions and any other relevant matters. The questions asked are summarised below: What are your views on the proposal to introduce real-time reporting for B2B and B2G transactions?   What matters should be considered in planning for a transition to a new VAT Reporting system?   If your business is currently subject to a VAT reporting programme in another EU or non-EU country, can you please share best practice, recommendations or lessons learnt?   Have you any observations, concerns or recommendations on a move to mandatory electronic invoicing for B2B & B2G domestic VAT transactions?   Revenue is particularly interested in hearing views from businesses that are already engaged in e-invoicing Public Bodies within Ireland or engaged in B2B e-invoicing throughout Europe and beyond. How did you prepare and what challenges prevailed in your preparations for e-invoicing?   What suggestions would you offer in Ireland’s arrangements for a mandatory B2B and B2G e-invoicing programme?   Revenue is cognisant that small businesses may have different perspectives and requirements to large businesses, so what information prompts would you find useful for businesses in completing the VAT return?

Revenue is holding further online webinars this afternoon at 4pm and on Thursday 30 November through Eventbrite which aim to give an overview of the Enhanced Reporting Requirements (ERR) for certain expenses and benefits paid to employees or directors which are scheduled to commence from 1 January 2024. A recording of the Enhanced Reporting Requirements webinar is also available for viewing on Revenue’s website. If you would like to attend one of these webinars: Go to www.revenue.ie/err; Select the link to Revenue’s ‘Eventbrite webpage’; and Follow the on-screen instructions to book your ticket.

In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit. The latest Trader Support Service bulletin is also available. The Secretary of State for Northern Ireland recently gave evidence on the Windsor Framework to the House of Lords Sub-Committee and the House of Commons Northern Ireland Affairs Committee. Miscellaneous updated guidance etc.   The following updated guidance, and publications relevant to EU exit are available:-  Appendix 2 C21e: Data Element 1/11: Additional Procedure Codes;  Notices made under the Customs (Northern Ireland) (EU Exit) Regulations 2020;  List of customs training providers;  Reference document for authorised use: eligible goods and authorised uses;  Reference Documents for The Customs (Tariff Quotas) (EU Exit) Regulations 2020;  Reference Documents for The Customs Tariff (Preferential Trade Arrangements) (EU Exit) Regulations 2020;  Reference Document for The Customs Tariff (Establishment) (EU Exit) Regulations 2020; and  Reference Documents for The Customs Tariff (Suspension of Import Duty Rates) (EU Exit) Regulations 2020. 

In Irish news, Revenue publishes updated guidance on the tax treatment of GMS payments to GPs and further guidance on the enhanced reporting requirements for employers. In UK news, the Institute was represented at various meetings of the Domestic Advisory Group which took place in London and Edinburgh last week and the Institute’s submission to the House of Lords inquiry into draft Finance Bill 2023/24 has been accepted by the Committee as evidence. In International news, Ireland has joined several other jurisdictions in committing to the automatic exchange of crypto information between tax authorities.  Ireland Following the Minister for Finance’s proposal to provide that General Medical Service (GMS) payments can be treated as partnership income where such services are provided in the conduct of a partnership profession with other individuals, Revenue has updated its guidance on the tax treatment of GMS payments to medical practitioners. Revenue has published an updated Tax and Duty Manual which provides guidance regarding returns by employers in relation to reportable benefits. UK Read our update on meetings which took place last week of the UK’s Domestic Advisory Group. The Institute’s submission to the House of Lords inquiry into draft Finance Bill 2023/24 has now been accepted by the Committee as evidence. International Ireland commits to commencing Crypto Asset Reporting Framework exchanges by 2027. 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 here.          

The Philippines has joined the OECD/G20 Inclusive Framework on BEPS and has committed to addressing the tax challenges arising from the digitalisation of the economy by participating in the Two-Pillar Solution to ensure that multinational enterprises pay a fair share of tax in the jurisdictions in which they operate.  

Last week, the Global Forum on Transparency and Exchange of Information for Tax purposes published new peer review reports on transparency and exchange of information on request (EOIR) for six members; Latvia, Mauritania, Pakistan, Poland, Serbia and Thailand. Supplementary reports reflecting the progress made by Botswana and Dominica in implementing the EOIR standard were also published. Over half of the members of the Global Forum have now been fully reviewed in the second round of EOIR peer reviews. 88 percent of the jurisdictions received satisfactory overall ratings, with 10 percent marked as partially compliant and 2 percent as non-compliant.  Key findings from the latest round of reviews can be found here.

Last week, Ireland joined its international partners in welcoming the new international standard, developed by the OECD, on the automatic exchange of crypto information between tax authorities. The Crypto Asset Reporting Framework is being delivered within the EU through an amendment to the Directive on Administrative Co-Operation.   A publication by the Irish government states that “Ireland is already a recognised global leader in exchange of information and today marks an important staging post which reinforces Ireland's commitment to best international practice in tax transparency.”  Read the joint statement.  

Revenue has updated the Help to Buy – Summary Guide for Applicants to reflect changes to the Help-to-Buy (HTB) scheme introduced in Budget 2024 to enhance its compatibility with the Local Authority Affordable Purchase (LAAP) scheme. The changes take effect from 11 October 2023 and apply to HTB applicants availing of the LAAP scheme, who have signed a purchase contract on or after 11 October 2023. The updated guide includes the addition of new screenshots to demonstrate the steps involved in making a HTB claim.

Last week the Institute was represented at meetings in London of the UK Domestic Advisory Group (“DAG”), and at the annual joint UK and EU DAG meeting. After the joint meeting with the EU, a statement was issued by the UK and EU DAG’s setting out the matters discussed in more detail. On day two, representatives from both DAGs and from civil society were present at the annual Civil Society forum which provided an opportunity to feedback to representatives of the UK Government and the European Commission on key issues and concerns in implementing the Trade and Co-operation agreement.  The UK DAG is conducting its work via the following sub-groups each of which aims to publish on GOV.UK an update on key issues being discussed in the near future:-  Business and Labour Mobility;  Trade and Customs;  Regulatory Cooperation and Level Playing Field;  Energy and Climate Change; and  Nations and Regions.  Chartered Accountants Ireland participates in the Nations and Regions sub-group and was in attendance at the most recent meeting of this sub-group which took place in Edinburgh on Friday 10 November. During this meeting, attendees heard from Dimitris Dimitriadis, President of the European Economic and Social Committee’s External Relations Section as well as Irene Oldfather Vice-Chair of the UK DAG and Chair of the Sottish Advisory Forum on Europe. Broadly, concerns about youth mobility, environmental targets and the need for clearer guidance on business and economic issues were heard.    During the UK DAG meeting, attendees heard from Professor Anand Menon (UK in a Changing Europe) about the 2026 TCA review process and what that might look like given the potential for a change in UK Government after the next election. Sir Oliver Heald, Leader of the Delegation and Co-Chair of the UK-EU Parliamentary Partnership Assembly, was also in attendance and listened to various concerns from the UK DAG’s sub-groups.  Last week’s meetings in London took place in the grand surroundings of Lancaster House (see photo) which has been used in previous series of Netflix’s The Crown and which also features in the final series starting later this week. The UK Government’s wine cellars are also located at Lancaster House. 

With effect from 1 January 2024, Council Directive (EU) 2021/514 (DAC7) obliges certain platform operators to collect and automatically report information on certain sellers using their platform to earn consideration. As previously reported, platform operators must register with Revenue for the purpose of DAC7 by 30 November 2023. Revenue has published a new Tax and Duty Manual which provides general guidance on how to register for the reporting obligations in Ireland.