The Institute draws the attention of members and firms to proposed changes to the Institute’s PII requirements. PII arrangements are developed jointly by the Institute, the Institute of Chartered Accountants in England and Wales (ICAEW) and the Institute of Chartered Accountants of Scotland, and the three chartered bodies have participated in a review of these joint PII arrangements, led by ICAEW. Institute members and firms will be aware of this review, which included a public consultation that members and firms were invited to participate in. The main proposed changes to the PII requirements which are being considered by the Institute’s Professional Standards Board following that review, are: The minimum limit of indemnity will increase from £1.5m to £2m. For firms with a gross fee income which is below £800,000, the minimum limit will be two and a half times the firm’s gross fee income, subject to a minimum of £250,000 (this is an increase from £100,000). Larger firms with gross fee income over £50m will not be required to put in place ‘qualifying insurance’ but must have in place appropriate arrangements which will be monitored. (Currently this approach is available to firms with 50+ principals.) For firms that will be required to put qualifying insurance in place, the maximum aggregate excess should not exceed the higher of £3,000 or 3% of a firm’s gross fee income. (And euro equivalents). The Institute’s current PII requirements are set out in Chapter 7 of the Public Practice Regulations.  Any decided changes to the Institute’s PII requirements will be reflected in updated versions of same, which will be made available to members and firms through the usual channels in due course. However, as the principles have the support of the Professional Standards Board, in the interest of giving Institute members and firms timely notice of these proposed changes we are providing you with this information at this stage. If approved, the changes are likely to be effective from 1 September 2024, and apply to policies taken out or renewed from that date. Institute members and firms may wish to check with your PII provider whether any of the proposed changes will impact your policy, and ensure you leave sufficient time to prepare for your renewal this year. Members or firms who have any queries in relation to these proposed changes can contact the Institute at professionalstandards@charteredaccountants.ie. Further information on the review of the PII arrangements is available on the ICAEW website here.

In Irish news, Revenue has written to taxpayers in relation to arranging repayment of warehoused debt and the Minister for Justice has published a review of the office of the Sheriff. In UK news, hear more about HMRC’s decision to halt its plans to make permanent restrictions to its helplines and we want to hear from you about HMRC’s Raising Standards in Tax Advice consultation for regulation of the UK tax agent market. In International news, the OECD Inclusive Framework continues to make steady progress on the implementation of the rules to tackle international tax avoidance.  Ireland Revenue has written to taxpayers in relation to arranging repayment of warehoused debt. The Minister for Justice has published a review of the office of the Sheriff. UK Hear more about HMRC’s decision to halt its plans to make permanent restrictions to its helplines. We want to hear from you about HMRC’s Raising Standards in Tax Advice consultation for regulation of the UK tax agent market. International The OECD Inclusive Framework makes steady progress on efforts to combat treaty abuse. 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.

Alan T. Ennis FCA is a board director, advisor and former CEO and president of Revlon Inc. His experience has taught him the power of pride in his achievements and advocating for himself. What do you value most about your membership of the profession? In everything I’ve done here in the US, my qualification as a Chartered Accountant has been the most valuable jewel in my chest of knowledge. Even today, my finance background continues to be invaluable in terms of buying and selling businesses, understanding capital structures and capital markets.  It has been the same throughout my career. I put a lot of my progression at Revlon down to my training. I could understand financial statements, I understood the importance of profitability and cash and how investments work. I could talk to the Board of Directors in those terms and it was invaluable. What advice would you have for other Chartered Accountants thinking of moving to the US? My advice is to make sure you start to connect with other Chartered Accountants over here straight away – and there are lots of us in New York, Boston, San Francisco and other places. That’s a valuable network. The other piece of advice I would have is that it’s okay to put yourself out there – in fact, it’s a good idea. Americans tend to be confident in how they present themselves professionally. They are proud of what they have done and they're confident in their success and in their abilities.  They're not afraid to talk about it. Irish people, myself included at times, tend to downplay our achievements and abilities. In the US, people won’t necessarily understand that so it’s not a bad idea to learn to advocate for yourself, your skills and talents. What made you choose to become a Chartered Accountant? I studied commerce at University College Dublin, graduating in 1991. Going through the BComm in those days, you had two options: you could follow the management track or the accounting track. The management track covered topics like organisational design, leadership, strategy and marketing. I said to my dad, “I think I'm going to choose that,” and he replied, “oh no, you should do accounting.” At that time, I didn’t think I wanted to be an accountant, but my dad said to me said, “you do, you just don’t know it yet.”So, I followed the accounting track, joined Arthur Andersen in 1991 and raced through my Chartered Accountancy exams. Can you tell us a little about how you got to where you are today – both your relocation and career path? When I was training with Arthur Andersen, I understood how beneficial training in accounting could be in business. I was fairly certain that I wouldn’t stay in the auditing field and become a partner in an accounting firm.  That wasn’t what I wanted to do. I wanted to become a Chartered Accountant and then move out into industry, but I did stay with Arthur Andersen for a while, becoming a manager before leaving Ireland in my mid-twenties.  I moved to the UK to join Ingersoll Rand in Manchester and then negotiated a transfer to the company’s New Jersey office in 1999. I moved through various financial roles from internal audit to financial planning and investor relations. In 2004, I was offered a new position as CFO of Ingersoll Rand’s Bobcat division in North Dakota. At the same time, I was offered the position of Head of Internal Audit at Revlon.  I was in my early thirties and my choice was between Bobcat in Fargo, North Dakota, and this other role with a very different and much smaller company that would put me right in the heart of New York. I chose Revlon. Can you talk us through your experience at Revlon? Being a Chartered Accountant put me in a very good place to understand the financial operations of any corporation and that really stood me in good stead at Revlon. It had a lot of debt at the time. Joining the company was a high-risk move, but I thought, “you know what, I’m going to go for it.”  Within two-and-half years, I had gone from Head of Internal Audit to Corporate Controller to President of International and then Chief Financial Officer. Eventually, I was appointed Chief Executive, a position I held for five years reporting to the company’s Chair, Ron Perelman. What about your work now? I had a great run at Revlon and a superb team of people behind me. When I left that role in 2014, I got a great package and I wasn’t really under pressure anymore to prove myself. I had choices. I’ve since dabbled in private equity and joined a couple of boards, both profit and not-for-profit. The board that occupies most of my time right now is Nutrabolt, a sports nutrition company whose leading product is C4, a pre-workout energy drink. I am the company’s Vice-chair, Chair of the Audit Committee and a member of the Nominating Governance Committee. I’m also Nutrabolt’s lead Independent Director.  Alan T. Ennis is on numerous boards across a variety of industries, including at present the IDA and Nutrabolt. 

On 21 March the Ulster Society in partnership with Grant Thornton hosted a Public Sector Blitz in Belfast designed for accountants, as well as other business professionals, working in, or advising, the public sector. Speakers included former Head of NICS David Sterling; Rodney Allen, NI Audit Office; Gina McIntyre, SEUPB; Claire Thomson, Grant Thornton; and Roisin Loughran, Grant Thornton. This event was oversubscribed and so we recorded this event for those who were unable to attend. A recording of this event is available to view, for free and on demand, HERE A pdf copy of the slides used n the presentation are available to view HERE

IAASA has issued a revised version of ISA (Ireland) 505 – External Confirmations. The main changes to the standard relate to: Clarification on what constitutes an electronic external confirmation. Prohibition on the use of negative external confirmations. Strengthened link with ISA (Ireland) 330 The Auditor’s Responses to Assessed Risks. Enhanced requirements concerning the investigation of exceptions. The revised standard is effective for audits of financial statements for periods beginning on or after 15 December 2024, with early adoption permitted. The revised ISA (Ireland) 505 is available here.

Last Tuesday 19 March 2024, HMRC announced a range of permanent changes to helpline services. However, the next day HMRC announced that the changes were being halted while HMRC “considers how best to help taxpayers harness online services”. Whilst the decision to further consider this issue is welcome, it is disappointing that feedback provided by the Institute and other Professional Bodies which raised various concerns about the proposed changes appears to not have been fully considered before the formal announcement was made last week and subsequently reversed. The Institute will engage with HMRC as it considers the way forward. Members are encouraged to provide feedback on HMRC services on a regular basis.

Revenue’s Tax and Duty Manual ‘C&E TAN Reports available on Revenue’s Online Service (ROS) for C&E Traders’ has been updated to include Combined Taxes Report for Importer & Payers Excise Duty Entries (EDE's) declarations.  See eBrief 091/24 for more details. 

Revenue has updated the Tax and duty manual (TDM) for Import Payment Methods to include -   postponed VAT contact details for related queries VRT payment methods to include a link to the VRT payments in ROS guide and, a link to C&E reports available in ROS along with some other minor text changes.

Earlier this month we highlighted in our Spring Budget 2024 coverage that HMRC had finally launched its long planned consultation on “Raising standards in the tax advice market” which examines three options to strengthen the tax agent regulatory framework in the UK and would also require tax advisers to register with HMRC if they wish to interact with HMRC on a client’s behalf. This consultation will close on 29 May 2024. This week we take a look at the first option set out in the consultation for potential regulation of paid tax agents, mandatory membership of a recognised professional body, and encourage you to share your views by Tuesday 7 May 2024 to enable members views to be reflected in the Institute’s  response. Next week will set out more information on option two.  Mandatory membership of a recognised professional body   This option is clearly the option which HMRC are leaning towards, but they recognise that this will depend on “the capacity and willingness” of the Professional Bodies to do so, including this Institute.   Chapter 7 (including questions 11-18) of the consultation examines this option in detail. This would involve mandatory membership of a recognised professional body with professional bodies monitoring and enforcing standards of their members and raising those standards where necessary.   Taking forward this approach would mean tax practitioners must hold membership of a professional body that is recognised as having an adequate minimum standard for its members and an adequate supervisory framework to monitor and enforce that standard.   The government considers this approach to be proportionate to the problems observed and opportunities afforded. In its view it “minimises extra costs and burdens to tax practitioners who currently meet expected standards and most professional bodies currently deliver the 3 components of a regulatory framework: subjecting their tax practitioner members to minimum standards, monitoring and enforcement action; and offering routes for customer support.”   “The government recognises there may be costs for the professional bodies in extending their supervisory frameworks to new members, with the potential for these to be passed on to clients via increased membership fees. The government will explore how best to mitigate this.  The government considers that enhancing and extending the supervisory framework operated by the professional bodies to this population of tax practitioners could achieve its aim of raising standards. However, it is dependent on the willingness and capacity of professional bodies to both strengthen the regulatory framework to raise standards of their current members who do not meet expected standards and extend membership to new members.”  The consultation also presents evidence in Annex C which according to HMRC shows that there are levels of non-compliance amongst taxpayers represented by affiliated tax practitioners. “This is why the government is looking to explore whether the regulatory frameworks currently in place across professional bodies are strong enough to raise standards in the tax advice market if the government chooses to proceed with this approach.  The government therefore wishes to work with professional bodies to understand their capacity and capability to raise standards across the market and seeks views on key questions to inform how mandatory professional body membership could be implemented in a way that best meets the objectives.  Findings from this consultation will inform whether the government pursues the introduction of mandatory professional body membership or whether another approach, such as regulation by a government body (option 3) should be pursued.” 

This week we bring you the latest HMRC performance data to the end of January 2024 and draft legislation has been published for consultation in relation to changes being made to the information businesses will need to provide to HMRC via various returns. HMRC is also warning of bogus tax refund offers and we update you below on R&D tax relief including the intensive tax relief available for businesses in Northern Ireland. And finally, a consultation has been launched seeking views on proposals for the design and administration of the UK carbon border adjustment mechanism which would commence from 1 January 2027.  Draft legislation on additional data  HMRC has launched a technical consultation which is open until 9 May 2024 and relates to two draft Statutory Instruments. The consultation examines the draft legislation which will require businesses to provide additional information to HMRC as follows:- employers will be required to provide more detailed information on employees’ hours via PAYE Real Time Information;  directors will be required to provide the amount of dividend income received from their company separate to other dividend income in addition to their percentage shareholding in the company in their Self-Assessment (“SA”) return; and  self-employed individuals will be required to provide start and end dates of self-employment via their SA return. These changes will take effect from April 2025. Finance Act 2024 introduced powers to enable the collection of this additional data and enabled HMRC to specify, through the two Statutory Instruments, the particular information required within those returns. Feedback on the draft regulation should be sent by email to HMRC at responsivenessdataconsultation@hmrc.gov.uk. Bogus tax refunds  HMRC has issued a Press Release which reports that it responded to almost 210,000 referrals of suspicious contact in the last year, up 14 percent on the previous year. More than 79,000 of these were offering bogus tax rebates. HMRC is therefore warning of a further spate in fraudsters contacting taxpayers after the 2022/23 SA deadline on 31 January 2024.  Taxpayer can help fight phishing scams by reporting any suspicious communications to HMRC:-   forward emails to phishing@hmrc.gov.uk;   report tax scam phone calls to HMRC on GOV.UK;  forward suspicious texts claiming to be from HMRC to 60599.  R&D tax relief update   At Spring Budget 2021, the government launched a review of R&D tax reliefs to ensure the UK remains a competitive location for cutting edge research, the reliefs continue to be fit for purpose and taxpayer money is effectively targeted.   As part of this review, the government announced additional support for R&D intensive SMEs, which will continue alongside the new merged scheme SME and “large” company reliefs announced at the Autumn Statement 2023.  Regulations made earlier this month on 4 March specified that the merged scheme and the amendments to the additional relief for R&D intensive SMEs will commence for companies with accounting periods beginning on or after the 1 April 2024.   As a result, the Financial Secretary to the Treasury laid before the House of Commons the Research and Development (Chapter 2 Relief) Regulations 2024 which introduce changes to the further support for R&D intensive SMEs due to particular market conditions in Northern Ireland.   Under the new rules, eligible companies in Northern Ireland will be able to benefit from relief on subcontracting expenditure undertaken outside the United Kingdom. To protect against the fiscal risk of uncapped overseas expenditure, a cap on the amount of relief that can be claimed will also be introduced, at £250,000 over a rolling three-year period.   The cap will only apply to the amount of intensive scheme relief that is above the amount that could have been claimed under the merged scheme.  Guidance on the new rules is available. Further guidance on the merged scheme R&D expenditure credit and enhanced R&D intensive support is also available. As Finance Act 2024 has received Royal Assent and the relevant Appointed Day Regulations have been made, claims for enhanced R&D intensive support for expenditure incurred on or after 1 April 2023 can now be made.  HMRC also published draft guidance on the new subcontracting and overseas rules for consultation on 9 February. HMRC is currently reviewing responses and will publish final versions of that guidance shorty.  At Spring Budget, the government also announced that HMRC will establish an Expert Advisory Panel to support the administration of the R&D tax reliefs. This panel will support HMRC to develop and update guidance, improve communications, provide insights on the types of R&D occurring across certain sectors and feedback from industry.   Given the broad array of projects and specialisms from the life sciences and tech sector, HMRC will seek representatives from these sectors and will directly reach out to relevant organisations. Further details and the terms of reference will be published in due course. This panel will supplement HMRC’s R&D Communications Forum, which will continue to provide the opportunity for broader discussion and feedback.  

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 and Cabinet Officer Borders bulletins are also available. HMRC also recently published guidance on sending parcels from Great Britain to Northern Ireland which will take effect under the Windsor Framework from 30 September 2024. And finally, we provide information on a recent update to VAT and EORI guidance.  VAT and EORI guidance  If a business deregisters for VAT, any Economic Operators Registration and Identification (“EORI”) number(s) they hold will also be removed at the same time.   By way of reminder, EORIs are needed for authorisations, including a UK Internal Market System (“UKIMS”) authorisation, and licences. To continue using these, there are actions a business needs to take which are as follows:  Authorisations (including Duty Deferment Accounts and guarantees) - contact the supervising office. This can be found in the authorisation correspondence received originally;  Licences - to continue using these please contact the issuing government department; and  If a business still needs an EORI number, they can apply for a new GB EORI number. The number is usually confirmed immediately. Once a business has a GB EORI, they will then be able apply for an XI EORI number, if needed and they meet the relevant criteria. The number will be issued within five working days of applying.  If a business needs help getting a new EORI number, please contact HMRC.   Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:-  Classifying footwear for import and export;  Customs Declaration Service is open for all export migration;  Get help using example declarations for exports from Great Britain to the rest of the world;  Making an export declaration using a pre-shipment advice;  Making an export supplementary declaration;  Making an export declaration in your records;  Making a full export declaration;  Tell HMRC when exports have arrived or departed a UK port;  Make and manage an export declaration online;  Get help using example declarations for exports from Great Britain to the rest of the world;  Apply for authorised consignor or consignee status; and  Report a problem using the Customs Declaration Service. 

HMRC’s latest schedule of live and recorded webinars for tax agents is available for booking. Spaces are limited, so take a look now and save your place. HMRC is also running a series of webinars on R&D tax relief.  R&D tax relief webinars  HMRC is running a series of webinars on R&D tax reliefs to aid understanding of what qualifies as R&D, how to claim relief correctly and what the new R&D merged scheme entails.  The webinars series will also cover the enhanced support available for R&D intensives schemes: Register here to learn more about 'Research and Development for tax purposes’;  Register here for more information about ‘How to claim Research and Development tax relief’; and  Visit GOV.UK to watch the recorded webinars and to register for the upcoming webinar session about the R&D merged schemes.