Ireland’s response to global tax reform news

The Department of Enterprise, Trade and Employment has launched a consultation on the EU Directive on public country-by-country reporting. The Directive requires MNEs whether they are headquartered in the EU or not, with a base, subsidiary or a branch in the EU, and revenue over €750 million, to disclose publicly the tax they pay. For the first time, European and non-European MNEs doing business through their subsidiaries and branches in the EU will be required to publish information on where profits are made, and taxes are paid across the EU and third countries. The Directive must be transposed into national law by June 2023. The Department of Enterprise, Trade and Employment is consulting on the use of two Member State policy options, being matters in respect of which Member States can or must make a choice. Respondents are requested to make submissions using the Response Template, clearly marked as ‘response to Public Consultation on the Transposition of Directive (EU) 2021/2101’ to companylawconsultation@enterprise.gov.ie. The deadline for The Department of Enterprise, Trade and Employment submissions is 5pm on Friday, 18 February 2022.  For full details see the Department of Enterprise, Trade and Employment’s website.  

The Irish Government has signed up to OECD proposals for a global minimum effective tax rate of 15 percent for multinationals with global revenues in excess of €750 million. Ireland has negotiated an effective minimum rate set at 15 percent instead of the original “at least” 15 percent proposal by the OECD and endorsed by the G7 in July this year.  Ireland has also secured agreement that the 12.5 percent rate continues to apply to companies below the €750 million revenue threshold.  Speaking on the announcement, Minister for Finance, Paschal Donohoe said “We have secured the removal of ‘at least’ in the text.  This will provide the critical certainty for Government and industry and will provide the long-term stability and certainty to business in the context of investment decisions”.  The Department of Finance says the new rules are expected to come into play as early as 2023. The minimum effective 15 percent rate will apply to 56 Irish multinationals employing approximately 100,000 people, and 1,500 foreign owned MNEs based in Ireland employing approximately 400,000 people.  In a press release, Minister Donohoe indicated that he expected Ireland to continue to remain a very attractive location for FDI long after the OECD agreement is implemented, The OECD/G20 Inclusive Framework on Base Erosion and Profit Shifting (IF) agreed a two-pillar solution to address the tax challenges arising from the digitalisation of the economy in July. The Inclusive Framework must now agree an implementation plan for the proposed two-pillar solution.