Revenue has updated the Tax and Duty Manual which deals with taxation issues for registered farm partnerships. The updated manual reflects amendments introduced in Finance Acts 2022 and 2023.  Finance Act 2022 provides that in order for young trained farmers to avail of the enhanced stock relief rate of 100 percent, they must be the holder of a trained farmer qualification within the meaning of section 654A TCA 1997.  Finance Act 2023 extends the availability of the relief to accounting periods ending on or before 31 December 2024. 

Revenue has confirmed that IREFs must pay and file their related returns by Wednesday 15 November 2023. Revenue has advised that the Form 1 (IREF) 2022 is now available to download. 

Revenue has amended the Tax and Duty Manual regarding PAYE exclusion orders. A new paragraph (5.7) has been concluded in relation to the treatment of employment income of non-resident employees of Irish private sector employers who work both inside and outside the country. Such employees may seek a direction from Revenue that PAYE need only be withheld by reference to the non-resident employees’ Irish workdays only. 

Revenue has launched a new Tax Education portal on its website to assist teachers in educating their students to make sense of and engage with the Irish tax system. The materials provided are free to download and use in the classroom.  

Revenue has informed us that work is ongoing to update the Form CT1 2023 with additional panels to incorporate changes to the R&D tax credit announced in Finance Act 2022. Revenue has advised that companies due to file today should complete the returns without claiming the R&D tax credit. Then, once the amendments are completed, amended returns should be filed to include the R&D tax credit claim at that point. Revenue hopes to make the amended CT1 available in the next few weeks and we will keep you updated via our tax newsletter. 

Our most recent update on this issue set out the discussions which took place with HMRC on 3 October. Since then, discussions have continued and the Institute is now pressing HMRC to remedy the situation given the continued and ongoing economic difficulties being experienced by second-hand car dealers in Northern Ireland in trying to sell these vehicles by the deadline of Tuesday 31 October 2023, in order to avail of the VAT margin scheme. Any further updates on the issue will be reported in the news section of our website. The Institute extends its thanks to those members and businesses who have provided supporting information to facilitate the dialogue with HMRC. 

Finance (No. 2) Bill 2023 was published on Thursday 19 October, providing the proposed legislative basis for measures and changes announced as part of Budget 2024. Our ‘At a glance’ document provides a brief outline of the most relevant issues arising out of Finance (No. 2) Bill 2023. Please see Budget 2024 coverage in our Tax News Budget 2024 special newsletter for details not covered in this summary. The Bill is expected to be enacted by Christmas. 

Antigua and Barbuda, Belize, and Seychelles have all been added to the list of non-cooperative jurisdictions. The list is part of the EU’s ongoing work to promote tax transparency and fair taxation. 

EU Finance Ministers recently adopted new tax transparency rules for service providers in crypto-asset transactions for EU customers. The new rules will update various existing measures, including DAC 8, and are aimed at improving the detection of tax fraud, evasion and avoidance. The Directive will require that all crypto-asset providers based in the EU must report on transactions involving EU residents.  

This week we bring you news about recent bulletins published by HMRC and the tax checks that are needed to renew certain licenses have recently been extended to Northern Ireland. Also featured are key reminders from HMRC about phishing scams, and a reminder to tell HMRC that your personal and business circumstances have changed. An email reminder has also been issued about alcohol duty reform and the various new reliefs which may be available. Earlier this month, the Chancellor announced an increase to the National Living Wage which will take effect from April 2024.  Recent bulletins  The most recent Agent update: issue 113 was recently published last week. Get the latest guidance and information including:- loss carry back claims for corporation tax;  making a valid claim for R&D tax relief;  the launch of a toolkit for the assurance of remittances to be reported on tax returns; and  important information for taxpayers using 'pay by bank' to pay HMRC.  The latest Employer Bulletin: October 2023 is also available providing employers and agents with up to date information on payroll topics. Featured in this bulletin are the following topics, amongst others:-  electric charging of company cars and vans at residential properties;  paying your PAYE Settlement Agreement;  reporting PAYE information in real time when payments are made early at Christmas;  Overlap relief — preparing for the new tax year basis; and  ‘pay by bank account’ enhancements.  Extension of tax checks for licence renewals  The tax checks which have been in place in England since April 2022 and which are needed before renewing certain licences were recently extended to Scotland and Northern Ireland. In Northern Ireland the checks are required for licences to drive taxis and specifically for renewal applications made on or after 2 October 2023.  Licensing authorities must confirm that a tax check has been completed by applicants renewing or applying for certain licences.   In order to complete a tax check, an online form should be used which provides a code (which expires after 120 days) which should then be given to the licensing body to confirm the applicant’s status. It should be noted that this tax check is in addition to any checks that licensing authorities already undertake.   More information is available in the guidance.  Phishing scams  HMRC has recently shared tax phishing scam guidance for students with universities on its social media channels. This is because many students are starting paid work, sometimes for the first time, they have not dealt with HMRC before, and are unfamiliar with paying tax or dealing with the tax authority. This makes them vulnerable to fake ‘tax rebate’ offers and similar scams.  A more general news release has also been published warning people about phishing scams associated with the Self-Assessment deadline.   Change in personal and business circumstances  A video was issued on YouTube in summer 2022 promoting the HMRC app and advising individuals why and how to notify HMRC if they have a change of personal or business circumstances: How can I update my personal details on the HMRC app?  HMRC have asked us to share the below reminder:-  “This is a reminder to keep your tax records up to date.   Tell HMRC if your circumstances change  HMRC requires you to tell us of any changes to your personal or business circumstances.   This is so your tax records remain up to date and we can make sure you get the right information about your tax affairs.   If your name, address or personal details have changed, you need to tell HMRC via gov.uk https://www.gov.uk/tell-hmrc-change-of-details You can also notify us, and check your details are correct, on the HMRC app by opening a personal tax account. Download the app today on iOS or Android.   If your business address or details have changed, for example you may no longer be self-employed or your business may have closed, you need to tell HMRC via gov.uk https://www.gov.uk/tell-hmrc-changed-business-details   You also need to tell us about certain income changes, relationship, or family changes, and if you are planning to leave the UK. For more information visit gov.uk   It is your responsibility to tell us; if you don’t you could still incur fines and penalties after your business has stopped trading.”

In this week’s EU exit corner, we bring you the latest guidance updates and publications relevant to EU exit. We also update you on recent developments in relation to the Windsor Framework and the latest Trader Support Service bulletin is also available. The Institute will also be attending the next UK Domestic Advisory Group meeting on 6 November and would welcome your feedback by Friday 3 November on specific areas of concern which arise in relation to the Trade and Co-operation Agreement. Update on the Windsor Framework   Meetings of the Joint Committee and the Specialised Committee on the Windsor Framework took place recently, where the EU and UK reviewed progress and finalised certain arrangements for the Framework’s implementation. According to the joint statement released  after the Withdrawal Agreement Joint Committee meeting “The Joint Committee took stock of discussions under the Withdrawal Agreement framework since the last meeting on 3 July 2023. The alternate co-chairs welcomed the progress made and reiterated their mutual commitment to continued work to ensure the full implementation of all the elements of the Windsor Framework in a faithful way.”  Parliament also returned from conference recess last week, with debates taking place on the Retained EU Law Bill, and the Windsor Framework regulations. Miscellaneous updated guidance etc.   The following updated guidance, and publications relevant to EU exit are available:- HMRC Brexit communications resources;  Report payments and view your allowance for non-customs state aid and Customs Duty waiver claims;  Report and manage your allowance for Customs Duty waiver claims: service availability and issues;  Data Element 2/3 Documents and Other Reference Codes (National) of the Customs Declaration Service (CDS);  Check if a business holds Authorised Economic Operator status;  List of customs training providers;  Making an entry summary declaration;  Apply for a voluntary clearance amendment (underpayment) (C2001);  Claim repayment or remission of charges on rejected imports; and  Moving goods between the UK and the UK Continental Shelf. 

From 1 April 2023, the reporting requirements for the Trust Registration Service (“TRS”) were expanded. As a result, HMRC updated the TRS manual. An online form must now be used to report “material discrepancies”. This does not include small spelling errors or slight differences in the trust name, so long as the trust is identifiable from the trust name on the TRS.  A relevant person is now required to conduct ongoing due diligence throughout a business relationship with a registerable trust, and prior to engaging in the relationship. Ongoing monitoring must also be carried out in line with the relevant person’s money laundering obligations.