Do you use HMRC online services? Don’t be caught out by the planned downtime to some services. HMRC are warning about the non-availability of specific services on the HMRC website, a range of services are impacted. Check the relevant page for information on planned downtime.  

Check out the latest items on the Agent Forum. Remember, in order to view each item, you must be signed up and logged in.   All agents, who are a member of a professional body, are invited to join HMRC’s Agent Forum. This dedicated Agent Forum is hosted in a private area within the HMRC’s Online Taxpayer Forum. You can interact with other agents and HMRC experts to discuss topical issues and processes. 

According to the OECD, work under BEPS Action 6 “Prevention of tax treaty abuse” continues to make steady progress. The latest peer review report on the implementation of the minimum standard on treaty shopping reveals that most agreements between members of the Inclusive Framework are already compliant with the standard. The BEPS Multilateral Instrument (BEPS MLI) seems to be the preferred tool for most countries implementing the minimum standard. 

Revenue has updated the Tax and Duty Manual regarding Tax Credit Certificates issued on a Week 1/Month 1 basis. The updated manual includes additional reasons for the issue of a Week 1/Month 1 basis Tax Credit Certificate (paragraph 1) and advise on sourcing additional information on the matter (paragraph 4). 

Revenue has updated the Tax and Duty Manual regarding the CAT self-assessment return Form IT38. The updated manual reflects the Finance (No.2) Act 2023 amendment regarding the obligation to file a CAT return where an individual is in receipt of certain interest-free loans. 

The Minister for Justice Helen McEntee TD has published a report on the role of Sheriffs in the State. The Department of Justice and the Office of the Revenue Commissioners established a Joint Review Group to focus on the future role of Sheriffs and to establish whether there is a more efficient and cost-effective system of debt collection.  The report identifies five key areas of focus and sets out 27 recommendations to support the continuation of the office of Sheriff into the future, noting its effectiveness and efficiency. The Review Group also noted that overall debt recovery rates appear to be high by international standards.    Commenting on the findings of the review, Minister McEntee said:  “I am pleased to see the importance of the office of the Sheriff recognised in this report. It is the oldest debt enforcement mechanism in the State and I welcome the recommendations to support and modernise the role to ensure its continued viability.  Key to this modernisation will be the development and implementation of an updated and streamlined joint supervision and oversight strategy between the Department of Justice and the Office of the Revenue Commissioners, and I look forward to that being developed.”  Further information is available in the Department of Justice press release. 

As readers likely know, the deadline for engaging with Revenue in respect of warehoused debt is 1 May 2024. In advance of this deadline, Revenue has issued letters to 30,825 taxpayers with warehoused debt to outline the immediate action required to arrange the repayment of their debt. The letters should issue to the taxpayers’ ROS inbox unless they no longer have an active ROS digital certificate, in which case it should arrive by post this week. Agents will not receive a copy of the letters issued to their clients.  The letter includes a schedule of the warehoused debt and the range of payment options available to the taxpayer. Where a Phased Payment Arrangement (PPA) is required, the application must be submitted on ROS now in advance of 1 May 2024 to allow sufficient time to agree a payment plan suitable to the business circumstances.    A separate letter has issued to taxpayers with warehoused debt of less than €500 as PPAs are not available in these circumstances. 

Nóra Cashe explains the obligations, compliance, and acceptance and rejection procedures for employers outlined in the Work Life Balance and Miscellaneous Provisions Act 2023 Code of Practice The Code of Practice (the Code) for the right to request flexible and remote work has been released. Now that these two rights are in effect, employees can request these entitlements. So, do you know your obligations as an employer, and do you understand how to comply with the new legislation? What are the rights to request remote and flexible work? The right to request flexible working and the right to request remote working are the last two of five statutory parts to come into effect within the Work Life Balance and Miscellaneous Provisions Act 2023. While many of the same guidelines apply to these two entitlements, they are separate. ‘Flexible working’ is defined as the adjustment of an employee’s working hours or working patterns. This includes flexible working schedules, reduced working hours, or even remote working. The right to request flexible working only applies to parents and to those acting in loco parentis or guardians as defined by the Act. Meanwhile, ‘remote working’ is an arrangement between employer and employee in which the work is carried out at a location other than at the employer's place of operation. This is done without any change to the employee's ordinary working hours. What is the Code of Practice? Drafted by the Workplace Relations Commission (WRC), the Code provides practical guidance for businesses and their staff regarding flexible or remote work requests. It is separated into three sections. The first two sections are Flexible Working (FW) and Remote Working (RW), which lay out guidelines for employees and employers to follow when requesting or receiving requests for flexible or remote working arrangements. The last section consists of policies and templates. Here, employers can find templates to use for relevant documentation, such as a Work Life Balance Policy, a Flexible Working Request application, and a Remote Working Request application. Staying compliant The Code defines flexible and remote work and provides the details on who can apply and when. The Code also contains important timelines and procedures for employers and employees to follow when a request is made and the consequences for not doing so. Failure to follow the timelines and procedures and to keep records could result in an award of up to 20 weeks of remuneration and/or a costly fine/summary conviction. Additionally, the Code of Practice includes information on situations such as: the abuse of any new working arrangements; the need to modify new working arrangements; and the need for the employee or employer to terminate the new working arrangements. Acceptance or rejection procedures Employers are not obligated to accept requests for remote or flexible work but it’s important to remember that a response must be delivered to the employee in writing within four weeks of their request. The three responses an employer can give are: Extension: the employer may request up to four more weeks to consider its decision, which it must also do in writing. Refusal: the employer must lay out its reasoning in writing. Acceptance: the employer must produce a written document with the relevant details for the employee to sign. Overall, employers are advised to weigh their employees’ circumstances and rationale for these requests against their own business needs. In addition, the Code provides tangible questions that employers may ask themselves when deciding whether to approve or reject a request. Nóra Cashe is a Litigation Manager at Peninsula

The new EU Directive NIS2 requires meticulous compliance strategies to improve cybersecurity resilience, explains Puneet Kukreja The intense uptake of digital solutions and innovative technologies over the past four years has changed the way we socialise, work, shop, bank, and receive necessary services, such as health. As sectors and services increasingly become interconnected and interdependent, the cybersecurity threat landscape continues to grow in sophistication and focus. Safeguarding critical infrastructures and services is paramount to protecting society and economies from these actors. In response, EU lawmakers have introduced several interconnected EU-wide laws to improve the digital and operational resilience of the sectors and services we rely on most. The second Network and Information Systems Directive (Directive (EU) 2022/2555 (NIS2)) is one of these EU-wide laws. It comes into effect on 18 October 2024 and will have a compliance impact on many public and private sector organisations across 18 sectors, similar to that experienced under the GDPR. The regulatory supervision and enforcement measures under NIS2 bear similarities to the GDPR. However, direct accountability and liability for upper management and possible suspension of CEO duties brings this squarely into the board room. NIS2 is an evolution from its predecessor, NIS-D (Directive (EU) 2016/1148), extending the legislative scope to capture entities in several additional sectors and subsectors, including public bodies and a wider range of digital service providers, as well as covered entities’ information and communications technology (ICT) supply chains. NIS2 sets out the minimum powers of supervision and enforcement that Member State competent authorities must have. Administrative fines can be imposed on essential and important entities for breaches of obligations relating to cybersecurity risk management measures and incident notification. For ‘essential entities’, the maximum fine is at least €10,000,000 or at least 2 percent of the total worldwide annual turnover in the previous financial year, whichever is higher. For ‘important entities,’ these figures are €7,000,000 and 1.4 percent. Irish legislation must be enacted before 18 October 2024 to transpose NIS2. Consistent with its treatment of NIS-D, the transposing legislation will provide that breaches of certain provisions of the same will be a criminal offence. We expect that a person found guilty of any of these offences will be liable on conviction to a fine and/or imprisonment. It is vital that CEOs, CFOs, CIOs, CISOs and board members understand not only the financial, personal, and reputational consequences of non-compliance – which underscores the urgency of pursuing NIS2 compliance now – but also the role that NIS2 will play in safeguarding their organisation’s cybersecurity and operational resilience. Navigating NIS2 There are several steps an organisation can take to navigate the NIS2. 1. Legal analysis Assess whether NIS2 applies to your organisation or whether any of the statutory exemptions will apply. To the extent NIS2 applies, it will be necessary to understand its requirements, including any cross-border implications and the steps necessary to secure ICT supply chains. 2. Strategic planning of compliance navigation Identify cybersecurity risks and set clear targets to assist in allocating resources and creating strong governance for resilience and regulatory adherence. This will also ensure operational integrity and informed decision-making. 3. Technology procurement Align chosen technologies with organisation needs and regulatory requirements. 4. Implementation strategy Develop a robust plan covering technology integration, employee training, and monitoring mechanisms. 5. Technology implementation Explore partnerships with organisations experienced in technology transformation. This will help you enable the full lifecycle of capability from analysis to managed services. 6. Employee training and awareness Champion comprehensive training programmes to instil a culture of cybersecurity within the organisation. 7. Managed services for continuous compliance Explore partnerships with experienced service providers for ongoing monitoring and response capabilities. 8. Budgeting and resource allocation Collaborate on budgeting to align finance planning with strategic cybersecurity objectives. 9. Documentation and reporting Oversee the creation of comprehensive documentation, ensuring transparency and accountability. Your NIS2 journey Organisations will differ in their level of compliance or maturity across the key control areas that are required under NIS2. However, one thing is certain: all in-scope organisations should now consider the implications of NIS2 to ensure they have sufficient time to assess, design, and implement their compliance plans before the legislation comes into effect. Organisations operating in the sectors defined in NIS2 will need to assess whether they fall within its scope, the availability of any exemptions, their categorisation as ‘essential’ or ‘important’, their NIS2 obligations, and the impact of and interplay with other EU cybersecurity and operational resilience laws. NIS2 requires organisations to address cybersecurity risks in their own ICT supply chains. In practice, this will require a risk-based assessment of ICT supplier relationships, enhancing contracts and securing inspection and other rights to ensure supply chain security. Early supplier engagement will be essential. To the extent certain in-scope organisations are established and/or providing their services in more than one EU Member State, they may be subject to implementing laws in more than one jurisdiction or the EU Member State where their cybersecurity risk management decisions are predominately made. The NIS2 jurisdiction rules require careful consideration and may cause certain entities to rethink the geographic positioning of cybersecurity decision-making. To successfully achieve and sustain NIS2 compliance, an organisation must commit to continuous improvement as well as the adoption of proactive measures. Both are key in this evolving digital landscape. Beginning a compliance journey with a legal analysis of the new directive will ensure you start on the right path and your organisation not only avoids substantial financial penalties but also becomes more resilient to evolving cyber threats. Puneet Kukreja is Cyber Security Leader at EY

The EU Accessibility Act sets out to improve accessibility standards. Adela Buliman outlines what organisations need to consider before it comes into effect The European Accessibility Act (EAA) represents a significant step forward in making the European Union more accessible to all people, including people with disabilities. The legislation comes into effect on 28 June 2025. There are many industries in scope, including both the public and private sector. The EAA is extending the reach of the existing Public Sector Accessibility Regulations under the EU Web Accessibility Directive. Under current regulations, any organisation that is at least 50 percent funded by the state has to have a digitally accessible website, mobile app and digital documents, where relevant. The EAA is expanding this. Scope of legislation The EAA is much broader in scope than the public sector regulations. The products covered by the Act include: ATMs Ticket and travel check-in machines Self-service terminals Mobile phones Computers, terminals and operating systems E-reading devices The services covered include: Audio-visual media services Transportation services Banking services Electronic communications services E-books E-commerce The services covered are much broader than it may seem. For instance, when it comes to banking services, it is not just the digital assets that are in scope, but anything a user is required to interact with to use a service. So, a letter that the bank may send you with your card pin must have a digitally accessible alternative. As well as this, when you look at the definition of “e-commerce” under the legislation, it is not just for retail companies, it is any organisation that either sells a product or service on a website or advertises that product or service online. For example, the organisation may be in the insurance sector, but if it advertises its insurance plans online, it would be within the scope of this legislation too. Taking all this into account, there are very few organisations that are not in scope of this legislation. Regulators Surveillance authorities have been assigned to each in-scope industry. The Competition and Consumer Protection Commission (CCPC) is the regulator for each product that is in scope. For services, the following bodies are regulating: Industry Regulator Electronic Communications Commission for Communications Regulation Audiovisual media Coimisiún na Meán Air passenger transport Irish Aviation Authority Bus, rail and waterborne passenger transport National Transport Authority Consumer banking Central Bank of Ireland E-books and dedicated software and e-commerce Competition and Consumer Protection Commission (CPCC) Emergency communications Commission for Communications Regulation   Ramifications for non-compliance It is important to note the consequences of non-compliance with the EAA: A fine (€5,000) or imprisonment of up to six months or both; A fine of up to €60,000 or imprisonment of up to 18 months or both; or Litigation The one that poses the most risk to organisations is litigation. Under the EAA, users will be allowed to litigate against companies that they feel are discriminating against them. Next steps for organisations When it comes to getting ready for the legislation, there are three steps that we recommend: Auditing An audit is a great way to start your journey. An audit will provide you with an issue log of items that need to be fixed to be accessible and compliant. Upskilling Upskilling your own staff is an important second step in preparing for the EAA. When you receive audit results, there will be a large amount of repetition in the types of issues found, highlighting a knowledge gap that you can fill by training staff. Embedding The last step is embedding accessibility into your company culture. It can be up to 30 times more expensive to retroactively make something accessible. Embedding the accessibility into your procurement process, design process, sprints, etc., allows you to keep costs low and create a long-term accessibility plan. Adela Buliman is the Head of Accessibility at Vially and sits on the European Committee for Standardisations, in particular committees relating to the European Accessibility Act and Public Sector Accessibility Regulations

  In this week’s Sustainability/ESG bulletin, read about Ireland’s SDG Champions Programme, the CSO’s first set of published ‘ecosystem accounts’, a report from InterTradeIreland showing the business opportunities in the all-island circular economy, and the launch of a public consultation on the UK’s proposed carbon border adjustment mechanism (CBAM). Also covered is the approval of the Corporate Sustainable Due Diligence Directive (CSDDD), a report from European Environment Agency on EU’s progress towards a more circular economy, and a call for evidence on new EU rules on environmental geospatial data, as well as the usual resources, articles, podcast, videos and upcoming events. IRELAND Expressions of Interest for Sustainable Development Goal (SDG) Champions Programme The Department of Environment, Climate and Communications (DECC) is seeking expressions of interest for its 2024-2025 Sustainable Development Goal (SDG) Champions Programme. The programme, established in 2019, aims to raise public awareness of the SDGs and to demonstrate that everyone in society can make a contribution to the 2030 Agenda for Sustainable Development. Over 30 organisations and groups have become SDG Champions so far, including Musgrave, The GAA, ECO-UNESCO, University of Galway, Ballyhoura Development and Chambers Ireland. Further information can be found on the DECC website and the deadline for applications is 5pm on Monday, 1 April 2024. CSO publishes full set of ‘ecosystem accounts’ for first time The CSO has published  Ecosystem Accounts – Forests and Woodlands 2012-2022, the first time it has produced a full set of ecosystem accounts for one of Ireland's ecosystems. Published as part of the CSO Frontier Series, the new release combines data from a range of sources to produce accounts for the extent and condition of Ireland’s forest and woodland ecosystems, and some of the ecosystem services they provide. The CSO notes, however, that particular care must be taken when interpreting the statistics in this release as it may use new methods which are under development and/or data sources which may be incomplete, for example new administrative data sources.  NORTHERN IRELAND & UK InterTradeIreland publishes report on businses opportunities in circular economy InterTradeIreland, the all-island economic development agency, has published a report revealing new business opportunities available in the all-island circular economy across a wide range of sectors. The report, which was launched at the All-Ireland Sustainability Summit, highlights the potential for SMEs throughout the island to make significant cost savings and reduce carbon emissions. In contrast to the traditional economic model of 'take-make-waste', the circular economy keeps materials in circulation for as long as possible through strategies such as reuse, repurposing, and recycling. One of the key findings of the report underscores the huge potential of ‘industrial symbiosis’, in which outputs from one process serve as inputs for another. The report does note, however, that despite the opportunities available, barriers such as waste regulation and the lack of a joined-up approach can hinder companies. Public consultation on UK carbon border adjustment mechanism The UK government has launched a public consultation setting out proposals for the design and administration of a UK carbon border adjustment mechanism. Following the consultation “Addressing carbon leakage risk to support decarbonisation” in 2023, the government announced that it would introduce a carbon border adjustment mechanism (‘CBAM’) from 1 January 2027 on imports of certain carbon intensive imported goods from the following sectors: aluminium; cement; ceramics; fertilisers; glass; hydrogen; and iron and steel. Views on the design and administration of this mechanism are now invited from interested parties, including importers and their agents, other businesses, individuals, tax advisers, trade and professional bodies and other interested parties, including those overseas. Responses, either via the response form or by email, will be shared between HMRC and HMT; participants are also invited to take part in a roundtable discussion or be added to the ‘CBAM mailing list’. EUROPE Approval of the Corporate Sustainability Due Diligence Directive The European Council has voted to back the Corporate Sustainability Due Diligence Directive (CSDDD) which requires firms to mitigate their negative impact on human rights and the environment. The rules will apply to EU and non-EU companies and parent companies with over 1000 employees and with a turnover of more than €450 million, and to franchises with a turnover of more than €80 million if at least 22.5 million was generated by royalties. Companies will also have to integrate due diligence into their policies and risk management systems and adopt and put into effect a transition plan making their business model compatible with the global warming limit of 1.5°C under the Paris Agreement. The plans should include the company’s time-bound climate change targets, key actions on how to reach them and an explanation, including figures, of what investments are necessary to implement the plan. Firms will be liable if they do not comply with their due diligence obligations and will have to fully compensate their victims. They will also have to adopt complaints mechanisms and engage with individuals and communities adversely affected by their actions. The vote concluded weeks of negotiations and revisions to the text after it failed to secure the Council’s approval at the end of February. Once formally approved by the European Parliament and the member states, the directive will enter into force on the twentieth day following its publication in the EU Official Journal. Circular economy and emissions in Europe The European Environment Agency this week published a comprehensive analysis into the EU’s progress in transitioning to a more circular economy.  The report – “Accelerating circular economy in Europe — state and outlook 2024 – finds that decisive action is essential to drastically reduce waste, prioritise reduction of resource use, improve recycling rates and improve the introduction of products that are designed for circularity from the outset. Other key findings suggest that Europe alone cannot curb unsustainable resource use occurring at global scale, and that a robust global governance framework on resource use and circular economy will be essential. Separately, the European Environment Agency published monitoring data which shows that the average CO2 emissions of new cars registered in Europe fell further in 2022 to a new low of 27 percent below 2019 levels. Vans emissions have also seen a decrease of some 10 percent over the same period. Only one manufacturer was found to have exceeded its target in 2022 and will be required to pay an excess emissions premium. GreenData4All call to deliver on Europe's green and digital transformation The European Commission has published a call for evidence on a ‘GreenData4All’ initiative to help deliver on Europe’s green and digital transformation by updating EU rules on environmental geospatial data and on public access to environmental information. The aim is to enable greater sharing of data between the public and private sectors and with the general public and unlock the full benefits of data sharing for data-driven innovation and evidence-based decisions. The closing date for submissions is March 25. GLOBAL Carbon Brief has reported that research published in the journal Nature estimates that global economic losses from heat stress could reach 0.6-4.6 percent by 2060, with major losses coming from health impacts, lower labour productivity and disruptions to supply chains. The International Federation of Accountants (IFAC) has included the following resources in its newsletter on 19 March: Global Reporting Initiative (Global Reporting Initiative) CSRD. Implications for companies outside the EU (Global Reporting Initiative) Sustainability assurance resources (CPA Canada) Sustainability in transactions (ACCA) Technical Roundup (From our colleagues in Professional Accounting) EFRAG has announced the addition of three new entities to the “Friends of EFRAG – Sustainability Reporting” community. Greenomy, osapiens and SISB have joined the group, demonstrating their commitment to sustainability reporting and supporting EFRAG’s mission. Accountancy Europe has issued its March Sustainability Update. Last chance to apply: The A4S Academy The A4S Academy is a unique implementation and learning programme. It has been designed with CFOs to bridge the gap between what organizations need to do to meet their sustainability targets and the skills and capacity their finance teams currently have to offer. We are proud of the feedback we've received, with 89% of participants reporting that the programme made an impact on sustainability integration in their organizations within one year, while 93% said they felt empowered to drive the change. Applications for the Academy close on 29 March 2024, so there isn't much time left to apply. Please go to our webpage for further information, or email academy@a4s.org if you have any questions. Watch Comedian, writer and traveller Martin Beanz Warde jumps head first into the sustainability and climate action challenges facing Ireland in the hopes of demystifying them for all (30 mins) (RTÉ Player) Short interview with director of the SME Climate Hub about the role of small and medium firms worldwide in the net zero transition (BusinessGreen) (9 mins) Listen How SMEs may be our biggest hope for Net Zero (Podcast) (42 mins) Articles  Forget Offsets. What If Companies Had Carbon Swear Jars? (Bloomberg) Sustainability reporting is coming into mainstream, by Paul Druckman (Accountancy Daily) Only one in seven Irish people think climate change will impact them (Business Post) Tomás Sercovich: Ireland has right size and right culture to drive corporate sustainability (Five Degrees of Change – Business Post) Upcoming Events A4S Sustainability In Action Webinar: Capitals Accounting An interactive webinar exploring various aspects of capitals accounting and how it is being applied in practice. The discussion will explore the information needed to tackle a range of impacts. 28 March, 08:00   Accountancy Europe and others How can company boards lead the sustainability transition? The event will also draw on the recent Accountancy Europe, ecoDa and ECIIA publication ESG Governance: questions boards should ask to lead the sustainability transition which sets out practical questions that boards should consider in their efforts on ESG, sustainability transition planning, delivery on sustainability objectives and limiting greenwashing risks. 10 April, 10:30-12:00 CET, Virtual   Chartered Accountants Ireland ESG Masterclass: Take your sustainability knowledge to the next level (ROI/NI) Masterclass designed for all professional accountants working in business or practice, wishing to consolidate their knowledge and understanding of the sustainability regulatory, reporting and assurance landscape. 18 April, 08:30 – 13.00, Virtual   ICAS Sustainability Summit This event, hosted in association with Accounting for Sustainability (A4S), will bring together sustainability experts and forward-thinking business leaders to explore how we can accelerate the vital business changes needed to save our planet. A specialist line-up of speakers and panellists will delve into the future of sustainable business, the role of technology in the climate transition and the evolving sustainability reporting landscape. The summit also marks the launch of ICAS’ sustainability business network – a collaborative community where professionals can share and benefit from sustainability-related insights. In person, Edinburgh, 25 April 2024.   National Sustainability Summit 2024 Dates: May 28-29 Locations: RDS   Network for Chartered Accountants working on ESG projects Are you a Chartered Accountant working in ESG or working on ESG-related projects? Would you like an opportunity to engage with other Chartered Accountants working in this space to share insights, challenges and opportunities? Chartered Accountants Ireland now has a network to allow members working in sustainability/ESG to meet and discuss all matters of interest re ESG and accounting. Next meeting: Wednesday, 27 March, 14:00-15.30 Teams If you would like to attend, please email sustainability@charteredaccountants.ie   You can find information, guidance and supports to understand sustainability and meet the challenges it presents in our online Sustainability Centre.

The Economic Crime and Corporate Transparency Act (ECCTA) received Royal Assent on 26 October 2023, and the provisions of the Act are starting to be applied. We have prepared an information booklet entitled The Economic Crime and Corporate Transparency Act 2023 – Changes in Companies House outlining the first set of changes introduced by Companies House on 4 March 2024.  These include: 1. new rules for registered office addresses; 2. a requirement for all companies to supply a registered email address; and 3. new lawful purpose statements The Act gives Companies House, along with the Registrar of Companies for Scotland and the Registrar of Companies for Northern Ireland, the power to play a more significant role in tackling economic crime and supporting economic growth. Over time, its measures will lead to improved transparency and more accurate and trusted information on its registers.  These changes will apply to incorporated entities, limited partnerships and limited liability partnerships. They will also apply to their members and directors.