Revenue has updated the Tax and Duty Manual regarding the taxation of foreign retirement lump sums.   The updated manual includes:  Guidance to the effect that when determining the tax-free amount which is available on a foreign pension lump sum, this should take account of the value of all foreign lump sum payments paid on or after 1 January 2023, whether or not such payments are chargeable to Irish tax under section 200A TCA 1997 (Paragraph 4.1). A new example 8 has also been included.  Guidance that the value of a foreign pension arrangement, as defined in section 200A TCA 1997, is not taken into account for Standard Fund Threshold purposes (Paragraph 4.3.1).  Guidance on Revenue’s treatment of foreign pension lump sums paid to resident taxpayers before 1 January 2023 (paragraph 12). 

Revenue has updated the Tax and Duty Manual which provides guidance on Save As you Earn Schemes (SAYE). The updated manual reflects recent legislative changes to the taxation of unapproved share options (section 12.11).  Under certain circumstances, a SAYE (Save As You Earn) option may be treated as an unapproved share option. Gains realised on or after 1 January 2024 which are chargeable to tax under section 128 TCA 1997 are no longer taxed under self-assessment. From 1 January 2024 the employer is obliged to remit the relevant taxes through payroll. 

Revenue has updated the Tax and Duty Manual regarding the Research and Development (R&D) Corporation Tax Credit to incorporate the changes to the R&D credit introduced by Finance (No.2) Act 2023. These changes apply in respect of accounting periods commencing on or after 1 January 2024.  Key changes introduced to Part 29 by Finance (No. 2) Act 2023 include:  Increase in the rate of the R&D credit to 30%  Increase in the first instalment threshold from €25,000 to €30,000  The introduction of a pre-filing notification requirement  The manual is also updated to revise references to the use of the R&D Specified Return 2022, as it is no longer required to submit a specified return for claims going forward. 

Revenue has updated the Tax and Duty Manual which provides guidance on the Special Assignee Relief Programme (SARP). The updated manual provides new guidance on the calculation of SARP relief in re-grossed net pay/benefits cases (section 7.1.3). 

Revenue has updated the Tax and Duty Manual which concerns the publication of State Aid awards granted to individual taxpayers to reflect the current State aid numbers for several schemes:  The revised threshold for publication of €100,000 (previously €500,000) for aid granted under the General Block Exemption Regulation, i.e., Commission Regulation (EU) No 651/2014 (as amended)  The revised cumulative lifetime limit for Young Trained Farmers of €100,000 (previously €70,000) under Article 18 of the Agricultural Block Exemption Regulation, i.e., Commission Regulation (EU) 2022/2472  The expiration of the Temporary Business Energy Support Scheme  Other general updates.   

Revenue has updated the Tax and Duty Manual which provides guidance on the capital gains tax (CGT) relief on disposals within family of business or farm under section 599 TCA 1997. The updated guidance incorporates the increased age and monetary thresholds effective for disposals made on or after 1 January 2025.   The guidance also addresses the updated age limits and monetary thresholds in the context of the aggregation rules relating specifically to the disposal by an individual of shares or securities in a family company to a child.   The requirement to claim the relief as part of a return in a relevant year of assessment is included in section 3b.6.  In addition, the Tax and Duty Manual has been updated to clarify matters relating to the phrase "substantially on a full-time basis", as set out in the definition of "child" for the purpose of the relief. 

Revenue has published the report of the Tax Administration Liaison Committee (TALC) sub-committee on Administrative Simplification of Business Reliefs for small and medium enterprises (SMEs). The subgroup, made up of representatives from Revenue, the CCAB-I, the Irish Taxation Institute and the Law Society, was established on the direction of the Minister for Finance to “identify any opportunities to simplify and modernise the administration of business supports”. Other business groups representative of Irish SMEs also contributed with a view to identifying perceived administrative issues and obstacles that deter SMEs from availing of business reliefs.  The Institute, under the auspices of the CCAB-I, made representations on behalf of members at each of the monthly meetings of the sub-committee held between January and June 2024, The group examined the business tax reliefs that are available to SMEs throughout the life cycle of the business. Written feedback on the simplification of business tax reliefs provided by the CCAB-I is included in the report. Although the sub-committee could not make recommendations regarding legislative matters, practitioners’ policy proposals have been included in Appendix B of the report.  The report was endorsed by Main TALC on 27 June and has been presented to the Board of the Revenue Commissioners and to the Minister for Finance. Revenue will be prioritising implementation of the agreed recommendations over the coming months with some of the recommendations already progressing. 

Last week, the Government published its Summer Economic Statement 2024. The document sets out the Government’s medium-term budgetary strategy and outlines the fiscal parameters within which discussions will take place ahead of Budget 2025.  Against a backdrop of a larger population and higher price levels, Government is adjusting its fiscal parameters for Budget 2025. To accommodate higher capital expenditure and to provide additional public services, core spending will now increase by 6.9 percent next year.   Budget 2025 will provide an overall package of €8.3 billion, of which €6.9 billion represents additional public spending. Taxation measures of €1.4 billion are intended to help shield workers from higher taxation arising from wage inflation.   The Budget will be presented to Dáil Éireann on 1 October 2024. Commenting on the document, the Minister for Finance, Jack Chambers TD, said:  “The Government’s forceful and timely policy responses have helped ensure the continued resilience of the economy in the face of a succession of major external shocks. Encouragingly, inflation is now back at rates consistent with price stability and the economy continues to operate at full employment. However, while the economy is in reasonably good shape at present the external outlook remains highly uncertain with elevated geopolitical tensions.  In terms of the public finances, at the headline level, our public finances are performing well and budgetary surpluses are in prospect over the coming years. However, the headline fiscal position masks the underlying vulnerabilities present in our public finances, the most significant of which is the exposure to volatile corporation tax receipts.  The two new investment vehicles – the Future Ireland Fund and the Infrastructure, Climate and Nature Fund – signed into law last month will help us to address some of the risks around windfall tax revenues, but this must be coupled with a balanced approach to budgetary policy.  There remains the continuing need to improve public services and infrastructure, particularly in the context of a growing population and economy. The Government has adapted its fiscal strategy to take account of this, to support the continued delivery of better healthcare services as well as accommodate higher capital spending. On this basis, an overall package of €8.3 billion is being made available, consistent with expenditure growth of 6.9 per cent.  It is important to stress that in the provision of additional public services, additional financial resources must go hand-in-hand with mechanisms that improve public service delivery. Value-for-money considerations must be to the fore and an increased focus on efficiency and productivity is needed.  On the taxation side, a package of €1.4 billion has been allocated which will ensure that Government has the scope to once again adjust tax credits and bands to ensure workers do not find themselves paying a higher rate of tax because of higher wages.  I strongly believe that the strategy that we have announced represents an approach that takes into account the economic realities of today while still ensuring the sustainability of the public finances into the future. There are many challenges on the horizon but there are also opportunities. It is crucial that we use the current window of opportunity presented by the relative health of our economy and public finances to seize them.” 

Tax measures to be introduced in Budget 2025 must not add to the already heavy compliance burden facing SMEs and promote greater investment in domestic business. Kim Doyle explains why The Irish economy needs both domestic direct investment (DDI) and foreign direct investment (FDI) to grow and diversify while supporting a sustainable tax base. According to the CSO Business in Ireland 2021 report, small and medium enterprises (SMEs) accounted for 99.8 percent of all businesses and over 69 percent of persons employed in Ireland. This demonstrates the vital role SMEs play, acting as the “engine room” of the Irish economy. While there are numerous forces already driving a successful entrepreneurial landscape in Ireland – such as a skilled workforce, digitalisation and technological advances – our tax system is critical and should act coherently to drive domestic investment and support a strong SME ecosystem. Additional tax measures should be implemented to build stronger DDI and provide an attractive entrepreneurial landscape for SME growth and scale-up. Now is the time. Budget 2025 is a couple of months away. New tax policies and changes to current tax measures may be announced on budget day. I hope the following tax measures for SMEs are included. Capital gains tax retirement relief Age limits on retirement relief of €10 million for individuals aged between 55 years and 69 years and €3 million for individuals from 70 years, where the disposal is within the family and made on or after 1 January 2025. These limits will deters the transfer of family businesses during the lifetime of an entrepreneur and presents problems in the transfer of a family business to the next generation. While a business may be valuable and exceed these limits, there may not be liquid funds to discharge a tax liability arising on a transfer of that business. This would be for the benefit and longevity of the business. This may delay family successions until such time that the transfer occurs as part of an inheritance. Such an outcome is counterproductive, considering that the purpose and intent of retirement relief is to facilitate transfers of businesses to the next generation at an optimum time for the business rather than on the death of the owner. Stamp duty relief Currently, relief from CGT (e.g. retirement relief, revised entrepreneur relief) and Capital Acquisitions Tax (CAT) – e.g. business relief – may apply to the passing of a business to the next generation. Such transfers often include commercial property. There is no relief for the 7.5 percent stamp duty charge arising on the transfer of the property, however. Consanguinity relief should be extended to encourage and support lifetime transfers of business property to the next generation. Angel investor relief Angel investor relief could be simplified and conditions eased to provide the intended benefits to innovative SMEs. The reduced CGT rate of 16 percent (or 18 percent in the case of investment through a partnership) for angel investment in innovative start-ups is a positive measure and should open the door to much-needed investment. This may help the sector to grow and foster entrepreneurship in Ireland. Numerous conditions must be satisfied to qualify for this relief, however, and there are penalties for getting it wrong. Practically, this means this relief may be difficult to avail of and the flow of benefits to innovative SMEs may be hampered. The relief needs to be simplified and the conditions made less onerous in order for this relief to provide the intended benefits to innovative start-ups and their investors. Decarbonisation and digitalisation New decarbonisation digitalisation credits would assist in addressing the reality that SMEs are working to keep up to speed with mega trends in both areas. They may be doing this either by researching, developing and delivering products to address the impact of these trends or by implementing relevant technologies in the business. This could be modelled on the research and development (R&D) tax credit regime, such that a new decarbonisation credit would support businesses seeking to lower carbon emissions and accelerate the decarbonisation process.   Similarly, a new digitalisation tax credit could support businesses with their digital transformation. Simplification A review of the statutory corporation tax return (Form CT1) and the Irish tax legislation is needed.   The Form CT1 has become cumbersome in recent years, mainly due to the volume of significant tax policy changes requiring additions to Form CT1. There is an opportunity to simplify the Form CT1 and ease the administrative burden, particularly for SMEs not within scope of recent tax policy changes driven by international tax reform.   The establishment and ongoing work of the  Tax Administration Liaison Committee Sub-Committee on the Simplification and Modernisation of Business Reliefs for SMEs is an important forum for stakeholders to work together to identify opportunities to simplify and modernise the administration of business supports. Now, though, the government must review other areas of the Irish tax system. Irish tax legislation, particularly the Taxes Consolidation Act 1997, should be reviewed with a view to simplification as a matter of priority. The SME Test The Department of Enterprise, Trade and Employment’s SME Test is to help policymakers consider the potential impact of any new legislation or regulation in terms of the regulatory burden it places on SMEs. The SME Test should support the design of tax policies that reflect less stringent compliance requirements for SMEs. It is vital that new tax policies do not add to the already heavy compliance burden facing SMES, while also providing support, opportunities for growth and promoting greater domestic investment. Kim Doyle is Director of Tax Policy and Technical Services at Deloitte

As Ireland enters its third year of gender pay gap reporting, Andrew Egan and Aoife Newton outline legislative updates, bonus gap impacts and new reporting requirements As many employers in Ireland commence their third year of gender pay gap reporting, it is essential to understand the legislative changes and analyse bonus trends following the introduction of the Gender Pay Gap Information Act 2021, and identify important changes for employers to note as they begin this year’s gender pay gap reporting cycle. Bonus gap analysis A fundamental feature of the Gender Pay Gap Information Act 2021 reporting requirements relates to bonus gap calculations. These calculations are used to understand the disparity in bonus payments between genders within an organisation. Bonus payments can also considerably impact total remuneration (as bonus pay is built into ordinary pay results), affecting the overall pay gap within an organisation. As a result, the observation of a large bonus gap is often reflected in the overall pay gap. Pay gap trends More than 1,000 gender pay reports from 2022 and 2023 have been analysed by KPMG’s data team to identify key trends in Ireland across different industries: From 2022 to 2023, the average bonus gap in Ireland rose by 1.5 percent, up from 16.5 percent to 18 percent. In 2023, 87 percent of the employers analysed reported a bonus pay gap in favour of men. The most common reason cited by employers for their pay gap related to a higher proportion of men occupying senior roles. The bonus gaps are biggest in the insurance, real estate and construction, financial services and professional services industries. Senior roles are typically associated with higher bonus remuneration. We expect bonus and pay gaps to persist if women remain underrepresented at senior levels. Correctly determining the cause of an employer’s gender pay gap is critical in addressing the problem and improving the gap in future reporting cycles. We are seeing employers having to more clearly define their bonus pay models to ensure greater transparency and consistency of treatment of men and women to reduce or eliminate bonus pay gaps, which in turn will positively impact their overall gender pay gap. Gender Pay Gap Reporting in 2024 In late May 2024, the Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) (Amendment) Regulations 2024 (the 2024 Regulations) were introduced. Following this, the Department of Children, Equality, Disability, Integration and Youth updated its Gender Pay Gap FAQs for employers document (the FAQs) and the associated Guidance Note document. The 2024 Regulations amend the original Employment Equality Act 1998 (Section 20A) (Gender Pay Gap Information) Regulations 2022 (the 2022 Regulations) to reflect the obligation of relevant employers with over 150 employees to report on their gender pay gap in 2024. This reporting threshold will expand to those with over 50 employees in 2025. The 2024 Regulations also provided an update on the definition of ‘basic pay’ to include payment when an employee is on certain types of statutory leave (adoptive leave, maternity leave, parents leave (or transferred parents leave) paternity leave (or transferred paternity leave), entitling them to a corresponding social welfare benefit. Employees entitled to the relevant benefit for each of these types of leave under the Social Welfare Consolidation Act 2005 shall now have these payments included as a component of their basic pay calculations. Employers should incorporate salary top-ups to employees on statutory leave as listed above when calculating employees’ pay. The FAQs guides employers who do not pay a top-up to employees to ‘report on the benefit the employee is paid where eligible.’ Online reporting We understand that the development of an online reporting system is underway. We expect this will consist of a central portal where all employer data will be uploaded. While we think it is unlikely this will be in place for 2024 reporting, we are awaiting further details on its implementation and whether its operation will move the reporting deadline from December to November in future years. This change would result in employers having five months from their June snapshot date to report on their gender pay gap, instead of the current six-month period. Gender pay gap and shares One of the most significant changes brought about by the 2024 Regulations was the shift in the approach to how share options and interests in shares are treated for gender pay gap calculations. After the 2022 Regulations were introduced, many employers struggled with the application of these elements as a part of bonus remuneration calculations. Share options and interests in shares are now included in the benefit-in-kind calculations rather than under bonus remuneration. The definition of benefit-in-kind now includes “any non-cash benefit of an estimated monetary value and, for the purposes of these regulations, includes share options and interests in shares.” Shares (distinct from share options and interests in shares) are still part of bonus pay and, as such, the value of shares issued during the reporting period should be included in bonus remuneration calculations. Andrew Egan is Director at KPMG and Aoife Newton is Director at KPMG Law

Geraldine Gallagher explains the challenges for people returning to work following maternity leave, and how HR managers and leaders can best support these employees When a person returns to work following maternity leave, everyone in the workplace may see her as the same person who went on maternity leave. However, she is no longer that same person, due to her new identity – a working parent with competing responsibilities. She may not know quite who she is anymore and this is part of the reason that transitioning back to work is more challenging for working parents than managers usually realise. However, we can do a lot about making it better. Supporting women returning to work following maternity leave is not just a matter of ‘the right thing to do’. It impacts the bottom line, makes good business sense and is a strategic opportunity for employers. Maternity leave is a short period in a woman’s overall career, which presents organisations with an opportunity to implement supportive policies and practices to retain top talent, enhance diversity, boost employee engagement and drive overall business success. Embracing these opportunities creates a win-win situation for employees and employers, leading to a more dynamic, inclusive and productive workplace. The impact of maternity leave HR managers and leaders need to be aware of the impact going on maternity leave and returning can have on women. By not being fully aware of the transition your employees are going through, you miss the opportunity to fully engage, retain and support them. There are several considerations you should be aware of for your returning employees. When the individual has returned, please remember they are still navigating a personal transition; not just physically but emotionally and psychologically. Re-assure them that what they are feeling is normal and it doesn’t change how you see them. The individual now has a new identity as a working parent. For first-time parents, this is a new identity to navigate. For parents who have expanded their family, they also have the new identity of a working parent to several children, which also comes with additional responsibility. The individual may also be experiencing a crisis of confidence because of being out of the workplace for a period. When they return, it will take time for the individual to gain a sense of belonging and to re-build their confidence. Transition into and out of maternity leave Performance reviews and the process of engaging with reviews while the individual is on maternity leave; Promotion opportunities while on maternity leave, and who will communicate these to the individual; Further career opportunities; How the individual prefers to keep up to date with company communications while on maternity leave; and The company policies and benefits/services available to them now, while on maternity leave and when they return, such as sleep consultants, breastfeeding support and maternity transition coaching support. When a member of staff is returning from maternity leave, the lines of communication should remain open to discuss: What the individual may need to ease their transition back. For example, some employers offer a phased return or flexibility. Ensure everything the individual needs has been set up and ready for their return, including a laptop, office access, log-in details, new system user set-up and system training. Be open and clear on the individual’s role and their objectives. This prevents the individual from questioning their place in the workplace. Re-boarding process: It can be useful to assign a “buddy” during this stage to support the individual both emotionally (especially if their buddy is a working parent) and administratively, such as helping them get up to speed with new systems or processes. Offer maternity transition workshops or one-to-one maternity transition coaching support with an expert who can guide and support them. Employers should consider Keeping in Touch days to maintain connections and ease transitions for employees. Ultimately, embracing these opportunities benefits both employees and employers, fostering a supportive organisational culture. Geraldine Gallagher is a Leadership and Transition Coach at Inspire Coaching

In Irish news, the Exchequer reports strong tax revenues for the first half of 2024 and Revenue has published updated guidance for the online Non-resident Landlord Withholding Tax (NLWT) system. In UK news today, a new Labour government means new tax policy and a budget in the autumn and in this week’s miscellaneous updates, HMRC has advised that voluntary class 2 national insurance contributions (NICs) have been incorrectly refunded to some taxpayers. In International news, the Directorate-General for Taxation and Customs Union has published the Annual Report on Taxation 2024.  Ireland Read the Exchequer report of strong tax revenues for the first half of 2024. Revenue has published updated guidance for the online Non-resident Landlord Withholding Tax (NLWT) system. UK Read about what tax policies and fiscal events to expect over the coming weeks and months from the new Labour government. This week’s miscellaneous updates features the news that HMRC has incorrectly refunded voluntary Class 2 NICs to some taxpayers. International The Directorate-General for Taxation and Customs Union has published the Annual Report on Taxation 2024. 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.