Revenue has updated the Stamp Duty Tax and Duty Manual to provide information on how section 31D SDCA 1999 (cancellation schemes of arrangement) interacts with section 31E SDCA 1999 (stamp duty on certain acquisitions of residential property).

Revenue will allow the application of the zero rate of VAT to the supply of Covid-19 in-vitro diagnostic medical devices (testing kits) following a request from the Minister for Finance, Michael McGrath. The Covid-19 test kits must conform with the essential requirements of all relevant European Medical Device Directives. For example, a Covid-19 test kit product which has a CE marking is proof that it meets those requirements. This temporary measure applies from 1 January 2023 on an administrative basis pending enactment of the appropriate legislative provisions.

Members are reminded that, effective 1 January 2023, there have been changes to the rules for calculating benefit-in-kind (BIK) on company vehicles under section 121 TCA 1997 & section 121A TCA 1997. From that date: The BIK on all company cars, including electric vehicles, will be calculated with reference to CO2 emissions. The cash equivalent for vans will increase from 5 percent to 8 percent of the original market value (OMV). In addition, for the years 2023 to 2025, the cash equivalent of an electric vehicle made available for an employee’s private use will be calculated based on the actual OMV reduced by: €35,000 for the year 2023, €20,000 for the year 2024, and €10,000 for the year 2025. The changes are largely driven by the government’s Climate Action Plan 2021.

Each year in January we have Blue Monday.  Often referred to as the most depressing day of the year, researchers have cited the third Monday of January as a day when we are at our lowest, but it doesn’t have to be this way.  Blue Monday was awarded the gloomy title due to a combination of reasons. Christmas and New Year joy has evaporated, resolutions and motivation begin to crack and wane, finances can be stretched and we find ourselves in the thick of winter.  However, it is important not to allow the concept to become a self-fulfilling prophecy. The day can present an opportunity to check in with yourself, practise some self-care and a chance to look after your physical and mental health. Perhaps it is time to retrain our brain and change our outlook on the month itself- maybe January could be a time for gentleness, reflection and self-compassion rather than abstinence and self-criticism. January is a bleak month but a positive spin on the gloomy dark days of winter is to think of the days getting a little brighter with each one that passes and is another step closer to Spring and Summer. There is something reassuring about the subtle change in nature in anticipation of better weather that can lift our spirits and encourage us to look to the future. Or why not carve out some time for yourself this blue Monday and make plans to brighten up the day.  Enjoy a sunrise morning walk Have a slow, gentle morning or breakfast Spend quality time with family/kids  Explore, and appreciate, your local area and surrounds Get out in nature Plan an adventure or complete a task you have been avoiding Embrace online learning Tackle that big DIY project and much-avoided clear-out Develop a new gardening skills Learn to cook or bake something new Catch up with friends Activity/Health Now is a good time as we start new beginnings to think about your health. Being active and having a healthy heart has never been more important. A regular walk will make a big difference and there is plenty of workouts or classes online, no matter what your fitness level. Carve out time for you!  Self-care Managing our stress and anxiety levels is essential and many people use meditation or yoga. But everyone is different, and some find painting or gardening works. Explore some options and find what works for you.  Appreciation The New Year gives us time to reflect and consider our surroundings, our family, friends, and appreciate all that is good in our lives. It also gives us the opportunity to consider changing things which perhaps were not so good for us.   

Revenue has updated the guidelines on the Temporary Business Energy Support Scheme (TBESS) with additional information following queries received by businesses wishing to avail of the scheme. A summary of the changes is outlined in the “What’s new” page at the beginning of the guidelines. Preliminary statistics published last week by Revenue show that there are 8,849 businesses currently registered with Revenue for TBESS, with €5.9 million paid in respect of 2,984 approved claims valued €6.64 million. Over one third of the claims for TBESS came from the wholesale and retail sector, with nearly another third of claims from the accommodation and food services sector. Read the complete statistics here.

Revenue has launched the e-tender process to establish the 2022/23 panel of experts who may be called upon to assist review claims for the Research & Development Tax Credit. The link to the 2022/23 e-tender application process is included in the updated Tax and Duty Manual under the footnote on page 2 and can be accessed here.

Revenue has created a Tax and Duty Manual to provide guidance on the operation of the Accelerated Capital Allowances for Farm Safety Equipment scheme available under section 285D TCA 1997. Section 285D TCA 1997 provides for a scheme of accelerated capital allowances for capital expenditure incurred, on certain farm safety equipment, by a person carrying on a trade of farming. The expenditure must be incurred in the period 1 January 2021 to 31 December 2023 and the Minister for Agriculture, Food and the Marine must certify the expenditure. Once certified, the expenditure can be written off at a rate of 50 percent per annum over two years. The scheme is subject to an overall annual budget of €5 million (excluding VAT). Additionally, there is a limit of €500,000 on the total amount of relief that can be granted to any person under this scheme.

Exchequer figures for 2022 show tax revenues increased by 22 percent relative to 2021 with €83.1 billion collected in total – the highest ever tax take. Contributing to this were income tax receipts of €30.7 billion (15 percent higher than 2021, and consistent with the strong post-pandemic recovery in employment), corporation tax receipts of €22.6 billion (a 50 percent increase on 2021), and VAT receipts of €18.6 billion (up 20 percent on last year). An Exchequer surplus of €5 billion was recorded to end-December 2022. This compares with a deficit of €7.4 billion in 2021 and the improvement reflects the significant increases in tax revenue and decline in Covid-related public expenditure. For the first time ever last year, corporation tax receipts were the State’s second-largest income stream. However, a significant part of this income is expected to be once-off in nature. It is also notable that the corporation tax figures for December were below levels expected by the Department of Finance. Commenting on the figures, Minister for Finance, Michael McGrath said: “The end-2022 Exchequer figures show a large headline surplus was recorded last year. This reflects a number of factors, including robust income tax and VAT receipts, both of which reflect the strength of the post-pandemic recovery in demand and employment. The phasing out of Covid-related expenditure is another reason for the surplus last year. By far the most important factor behind the headline surplus is the strength of corporation tax revenue – receipts from this source have doubled since just before the pandemic. My Department estimates that around half of these receipts are potentially at risk – if these receipts were excluded, we would instead be facing a significant deficit. That is why Government has acted to mitigate this vulnerability by transferring part of this windfall to the National Reserve Fund to rebuild our fiscal resources. It is also important to stress that today’s figures are, of course, backward looking. They do not offer a guide as to the challenges that we will have to address going forward. Keeping the public finances on a sustainable trajectory puts us in the best position to meet these future challenges. That is what this Government will continue to do.” Further details are included in the Fiscal Monitor December 2022.

Revenue recently published preliminary results for 2022 which provides data on tax and duty collected, compliance rates, the yield from interventions along with details of assistance provided under critical government support schemes.   Revenue collected €62.2 billion in taxes and duties and over €22.3 billion on behalf of other government departments, agencies, and EU Member States.  Timely compliance rates by Irish taxpayers for 2022 remains strong with 98 percent compliance by taxpayers in Revenue’s Large Cases and 96 percent in Medium Cases Divisions and compliance at a rate of 86 percent in other divisions of Revenue.  Revenue conducted risk management interventions generating €813 million. Revenue also secured 9 convictions for serious tax evasion and fraud, published 53 tax settlements in the List of Tax Defaulters and settled 104 tax avoidance cases yielding €16.1 million. Revenue oversaw the payment of €806.6 million under the Employment Wage Subsidy Scheme to 23,330 eligible employers in respect of 327,242 employees. The Temporary Business Energy Support Scheme has paid claims of €5.9 million to 2,984 businesses in its short time of operation. More than 70,000 businesses and individuals are availing of the Debt Warehousing Scheme in respect of just over €2.48 billion of tax debt. For more details on Revenue preliminary results for 2022 see Revenue’s press release.

Revenue has published a Tax and Duty Manual clarifying the tax treatment of payments received under the Basic Income for the Arts (BIA) pilot scheme launched in April 2022. Individuals who qualify for the scheme receive a payment of €325 per week. The scheme is administered by the Department of Tourism, Culture, Arts, Gaeltacht, Sports and Media and is open to eligible artists and creative arts workers.

Welcome to this week’s Technical Roundup.  In developments this week, the European Financial Reporting Advisory Group (EFRAG) is seeking comments on its draft endorsement advice on amendments to IAS 1; IAASA has published its key messages for auditors in the area of related parties, the Irish Government in recent weeks launched its Climate Action Plan 2023; the Irish Corporate Enforcement Authority has this week published an Information Note on the topic of Early Warning Tools and Restructuring Frameworks. Read more on these and other developments that may be of interest to members below. Financial Reporting The European Financial Reporting Advisory Group (EFRAG) is seeking comments on its draft endorsement advice on amendments to IAS 1. Comments are requested by 1 March 2023. EFRAG has also issued its December 2022 update. The UK Endorsement Board (UKEB) has published a Draft Endorsement Criteria Assessment on Lease Liability in a Sale and Leaseback —Amendments to IFRS 16 (the Amendments) issued by the International Accounting Standards Board (IASB) in September 2022. Comments are requested from stakeholders by 5 April 2023. The International Sustainability Standards Board (ISSB) has issued itsDecember 2022 update The International Accounting Standards Board (IASB) has issued its December 2022 IFRS for SMEs Accounting Standard Update. This includes FAQs on the proposed amendments to the IFRS for SMEs Accounting Standard and some new resources to support the ongoing consultation. The IASB has also released its December 2022 podcast and the IFRS Foundation has released its monthly news summary. Auditing IAASA has published its key messages for auditors in the area of related parties, and IAASA’s YouTube channel also now includes a video that shares questions asked by IAASA’s audit inspectors during 2022 in the area of related parties. IAASA’s new video provides information on the revised ISA (Ireland) 315 Identifying and Assessing the Risks of Material Misstatement. ISA 315 is effective for financial periods beginning on or after 15 December 2021. The Irish Government in recent weeks launched its Climate Action Plan 2023. This sets out how Ireland will accelerate the action required to respond to the climate crisis, putting climate solutions at the centre of Ireland’s social and economic development. Some details of the plan are contained in the government press release and it is intended that an Annex to the Climate Action Plan, outlining more detail on the Plan’s actions, will be published early in 2023. The European Commission recently published two draft notices containing FAQs relating to the Taxonomy Climate Delegated Act and the Taxonomy Regulation. The first Draft Commission Notice is regarding the interpretation and implementation of certain legal provisions of the EU Taxonomy Climate Delegated Act establishing technical screening criteria for economic activities that contribute substantially to climate change mitigation or climate change adaptation and do no significant harm to other environmental objective. The second Draft Commission Notice relates to the interpretation and implementation of certain legal provisions of the Disclosures Delegated Act under Article 8 of EU Taxonomy Regulation on the reporting of taxonomy-eligible and taxonomy-aligned economic activities and assets (second Commission Notice). Insolvency The Irish Corporate Enforcement Authority has this week published an Information Note on the topic of Early Warning Tools and Restructuring Frameworks. The CEA states that the purpose of the document is to provide assistance to company directors in understanding certain aspects of the European Union (Preventive Restructuring) Regulations 2022. Specifically, the Information Note has been prepared with a view to assisting company directors to understand the importance of maintaining adequate accounting records, what is meant by a company being in financial difficulty, being unable to pay its debts and being insolvent respectively, specific aspects of company directors’ duties where a company is in financial difficulty, and the potential consequences of non-compliance with company directors’ duties. You can read the CEA news item on the Information Note here, the Information Note can be accessed here and a feedback statement from the CEA on the public consultation can also be accessed. Readers’ attention is drawn to a recent high court case from late 2022, in the matter of Spencer Dock Development Company Limited (in liquidation). In the case the High court initially refused to approve payment of fees to a company in which the official liquidator had an interest, but which company was a third party. The court discussed the liquidator as a fiduciary and the role of trust of the liquidator. The court also noted that the main creditor in the liquidation was NAMA which the taxpayer funds and the court referred to its obligation to have regard to the interests of the taxpayer. Subsequently the fee was revised and all payable to the liquidators and the court approved this. Anti-money laundering, economic crime, cyber security The European Banking Authority issued its 9th AML/CFT Newsletter in recent weeks. It contains information which might be of interest. For example, on EuReCA, the European Reporting system for AML/CFT material weaknesses launched in January of last year. Also, information on the publication of final Remote Customer Onboarding Guidelines in November 2022, a consultation on Guidelines to tackle de-risking and the publication of its 2022 Risk Assessment Report. Read the full newsletter at the above link. The National Crime Authority in the UK has in recent weeks issued its December edition of SARs in Action. The publication contains interesting information including case studies on SARs and a listing of red flag indicators for the crime of sexual exploitation. In recent weeks HM Treasury in the UK published its Anti-money laundering and countering the financing of terrorism: Supervision Report 2020-22. The report covers a number of matters which may be of interest including a listing at section 3.53 of the most common AML breaches identified by the accountancy and legal Professional Body supervisors during the reporting periods. These include inadequate documented policies and procedures and inadequate resource allocated to AML compliance. Sanctions Readers’ attention is drawn to some news items which may be of interest on sanctions since our last publication of round up in mid-December 2022. The European Union issued its ninth package of sanctions against Russia on 16 December 2022. It includes the imposition of export controls and restrictions, restrictions in the banking sector, restrictions in the broadcasting sector, restrictions in consulting services, energy and mining sectors, restrictions on EU nationals holding posts on governing bodies of Russian state owned or controlled legal persons entities or bodies located in Russia. It also added to the individuals and entities the assets of which are frozen. Our sanctions webpage has been updated with some links and information on the ninth package of sanctions. In our last round up we reported on the Central Bank’s update of its sanctions webpage with an infographic and financial sanctions FAQs. CBI has now helpfully provided a direct link to the European Union's guidance on guidance on Best Practices referred to in one of the sanctions FAQs. On December 20th we reported on the UK auditing ban which was announced in September 2022 and brought into legislative force on December 16, 2022. We also updated our news item from July 2022 which gave details of the UK ban on providing accounting services to Russia to take account of the audit ban which is now in place. Other areas of interest Readers are reminded of the coming into force of the Protected Disclosures (Amendment) Act 2002 from 1 Jan 2023. During 2022 Round up brought readers several news items on the passing of the Act which was signed into law in 2022 and the announcement of commencement of the Act from 1 Jan 2023. By way of reminder the new legislation will substantially amend the Protected Disclosures Act 2014, expanding the categories of protected person to include protections for volunteers, shareholders, board members and job applicants for the first time. It also expands the wrongs in respect of which a protected disclosure can be made and imposes requirements on organisations to put internal whistleblowing procedures in place. It also provides for a new Office of the Protected Disclosures Commissioner. Access to the Central Bank of Ireland’s (CBI) Beneficial Ownership Register for Certain Finance Vehicles by members of the public has been suspended following a recent judgment by the European Court of Justice in the Luxembourg business registers case. The CBI has updated its guidance and this third version relates to Chapters 3 and 4 regarding access to the register by members of the public. The Charity Commission (England and Wales) has published an updated set of questions as it launches its new Annual Return in response to charity sector and public feedback. The Irish Pensions Authority has in recent weeks published information on the annual compliance statement (ACS) for 2022 that is provided for under the Pensions Act, 1990 as amended .The 2022 ACS must be prepared no later than 31 January 2023. The Authority will carry out sample checks and audits of trustee compliance with the obligation. The annual compliance statement form to be used can be found on the Authority’s webpage at the above link. On 16 December 2022 the Minister for Enterprise Trade & Employment transposed the EU Directive 2019/1152 on Transparent and Predictable Working Conditions by the European Union (Transparent and Predictable Working Conditions) Regulations 2022. Click here for the news item from DETE on the introduction of the regulations which for example introduce a limit to the length of probationary periods at the beginning of a job and anti-abuse legislation for zero-hour contract work. Readers are reminded of the round up article in October 2021 where we reported on the Directive including a DETE public consultation on the Directive. For further technical information and updates please visit the Technical Hub.

The Financial Reporting Council (FRC) has reached a significant milestone in the periodic review of its financial reporting standards with the release of FRED 82 Draft amendments to FRS 102 The Financial Reporting Standard applicable in the UK and Republic of Ireland and other FRSs. This Financial Reporting Exposure Draft (FRED) forms part of the periodic review of the standards which happens approximately every five years. The FRED is now open to consultation and comments are requested by the FRC by 30 April 2023. In March 2021, the FRC commenced the periodic review with a request for views from stakeholders. The Institute's Financial Reporting Technical Committee responded to this request with some recommendations. Some of the key points to note from the FRED are; The draft proposals include significant changes to how leases are accounted for and proposes a model similar to that of IFRS 16 Leases  and will result in many leases which were previously expensed as operating leases now being classified as "right of use assets" within fixed assets. However, given the wide range of users of FRS 102 financial statements, there are simplifications proposed which are aimed at ensuring that these accounting requirements are proportionate and cost effective to apply. There are also some proposed exemptions from the rules for some assets.  The draft proposals include a new model of revenue recognition in FRS 102 and FRS 105. This is based on the principles of IFRS 15 Revenue from Contracts with Customers and the five step model included in this standard. This aims to ensure that there will be more consistency in the reporting of Revenue and that the process for revenue recognition is clearer. The FRC have decided to defer its conclusion as to whether to align FRS 102 with the expected credit loss model of financial asset impairment in IFRS 9 Financial Instruments, but have indicated that they may revisit this when the IASB's IFRS for SMEs Accounting Standard goes through its periodic review process. The proposed effective date for the amendments is accounting periods beginning on or after 1 January 2025, with an option for early adoption. Along with the FRED, the FRC have also released some supporting documents including; FRED 82- at a glance FRED 82- Impact assessment Q&A A podcast providing an overview of the changes