The international community has taken another step in ensuring fairer international tax arrangements (particularly for developing countries) with the implementation of the Pillar Two Subject to Tax Rule (STR).   The STR ensures a minimum level of taxation on relevant cross-border payments and aims to prevent circumstances where income is either taxed at rates below 9 percent or not taxed at all due to differences in tax regimes across jurisdictions. The STR particularly benefits developing countries as such jurisdictions are often the source of significant outbound payments.  

The Annual Report on Taxation (previously known as ‘Tax policies in the European Union’) has been published annually by the European Commission since 2016. The report is a detailed analysis of tax systems and taxation policy across the EU. The report assesses progress on tax policies both at Member State level and at EU level and forms the basis for discussion on the present and future of EU tax policy. 

We set out below a range of miscellaneous updates to the following manuals:    Life Assurance Companies - Return of Payments   Jobs and Pensions Service User Manual  PAYE Services: Manage your tax     Life Assurance Companies - Return of Payments (Part 26-06-02)  This manual has been updated as follows:  Links to relevant regulations and legislation have been inserted,  Guidance on submitting returns has been updated,  Contact details for the relevant area of Revenue have been updated, and  Minor updates and clarifications throughout the manual.    Jobs and Pensions Service User Manual (Part 42-04-64)  This manual has been updated as follows:  Screenshots throughout the manual have been updated,  In section 2.1, the instructions for adding an additional job have been removed,  In section 2.2.1, the list of payments for which taxpayers must enter the weekly payment amount now includes three additional payments, and  In section 4, the reference to a second/subsequent job has been removed.    PAYE Services: Manage Your Tax (Part 38-06-04)  This manual has been updated as follows:  The screenshots throughout the manual have been updated, and  Details in relation to tax credits that can be claimed/edited/deleted have been updated. 

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 bulletin is also available as is the latest Brexit and Beyond newsletter from the Northern Ireland Assembly EU Affairs Team. HMRC has sent an email setting out an update on the implementation of the Windsor Framework which confirms that the next step in the Windsor Framework (WF) has been delayed until 31 March 2025 hence the new arrangements for parcels and freight movements will now not take effect from next week. From 31 March 2025 (and not 30 September 2024), the green lane will broaden to all UK Internal Market Scheme authorised traders. Full international customs requirements for traders will be removed and simplified procedures will apply. This will specifically affect parcels moving from GB to NI. However, the next step in labelling requirements under the Northern Ireland Retail Movement Scheme will commence from 1 October 2024. We also set out the next phase in the Border Target Operating Model (BTOM). Next phase in BTOM As we approach the end of September, it is now just a short time before the next stage in the Border Target Operating Model (BTOM) commences. From 31 October 2024, phase three of the BTOM commences. From this date, safety and security declarations for EU imports into the UK will come into force. Alongside this, the UK will introduce a reduced dataset for imports. The goal is to reduce duplication in customs declarations. More information and guidance from the UK Government has also been published on the next stage in the WF as follows: Trading and moving goods in and out of Northern Ireland, Check if you can apply for the UK Carrier Scheme, Sending parcels to and from Northern Ireland, Apply for authorisation for the UK Internal Market Scheme if you bring goods into Northern Ireland, Future arrangements for moving parcels from Great Britain to Northern Ireland under the Windsor Framework, and Apply for the UK Carrier Scheme. Miscellaneous updates to guidance and publications Get help using example declarations for imports to Great Britain from the rest of the world Bringing commercial goods into Great Britain in your baggage Apply for approval to import duty-paid excise goods from EU countries into Northern Ireland, bought in an EU member state, as a Tax Representative

Minster for Finance, Jack Chambers, last week published the report of the independent examination of the Standard Fund Threshold (SFT). Following this review, the Government will implement phased increases in the SFT of €200,000 per year beginning in 2026 until 2029; after which the level of SFT will move with the applicable level of wage growth.    The SFT is the limit on the total capital value of an individual’s pension pot before unfavourable tax consequences are realised and has remained at €2 million for the past 10 years.   The Institute, under the auspices of the CCAB-I, responded to the public consultation on the SFT regime in December 2023 and recommended that the SFT should be increased in line with inflation as well as harmonising the treatment of public and private sector pensions when the SFT is breached.   The Minister also confirmed that there would be no change to the rate of chargeable excess tax (CET), currently 40 percent, but that this would be reviewed in 2030.  In relation to lump sums, the threshold for the higher rate of taxation to apply to a pension lump sum will be limited to €500,000 rather than a proportion of the SFT and this change will be introduced in Budget 2025.   Read the Minister's statement announcing the changes.  

In this week’s miscellaneous updates, we bring you news of changes to corporation tax correspondence and the latest Agent Update is available. HMRC has sent a further email on the new alcohol duty digital service and a new guideline for compliance GFC7 Help with Common Risks in Transfer Pricing Approaches has been published. The latest schedule of HMRC live and recorded webinars for tax agents is also available for booking. Spaces are limited, so take a look now and save your place. And finally, check HMRC’s online services availability page for details of planned downtime and the online services affected. Agent Update: Issue 123 The latest Agent Update is available. Get guidance from HMRC if you're a tax agent or an adviser on the following: what an authorised agent can do on a client’s behalf, change of bank details for the Customs Declaration Service, change of bank details for HMRC, machine games duty and gaming duty, and register for Self-Assessment by 5‌‌‌ October‌‌‌ 2024. HMRC changes corporation tax correspondence From the beginning of this month, HMRC is no longer sending corporation tax return and instalment payment reminders, interest statements, or payment receipts. From October 2024, it will no longer send the company’s appointed agent a list of issued notices to deliver a company tax return. There are also plans to trial not sending some return and payment reminders. More information is available in the August 2024 Agent Update.

Revenue has become aware of a recent spate of fraudulent emails and texts purporting to have been sent by Revenue. The communications seek personal information and financial information in connection with a tax or wage subsidy refund. Revenue has reiterated that it never sends emails or texts seeking personal information from taxpayers. Revenue has directed taxpayers to its security page for further information. 

The Tribunal Procedure Committee is currently consulting on proposals which would amend the rules for each chamber of the First-tier Tribunals (FTT) (in addition to the Employment Tribunals) in relation to the provision of written reasons for decisions and other case management measures. The proposals which would affect the FTT Tax Chamber include:  a reduction in the time within which discretionary written reasons can be requested; and  amending the rules addressing when full or summary-form reasons are required or available. The closing date for responses is 22 October.

Saturday 5 October 2024 is the deadline to notify HMRC of a new source of income or gain for 2023/24. HMRC recently issued a Press Release highlighting this deadline which also aimed to debunk the top five myths about registering for self-assessment. Those required to register for self-assessment includes anyone who: is self-employed or a sole trader in a business which commenced in 2023/24, is not self-employed but who had a new source of income or a gain in 2023/24, or became a partner in a partnership or any new partnership which commenced in business in 2023/24.  Failure to register by the deadline can result in HMRC charging a failure to notify penalty.  

For several years, Chartered Accountants Ireland has been lobbying the government to either make the Trader Support Service (TSS) permanent or introduce another solution to permanently support the customs intermediaries’ market in Northern Ireland. It is therefore pleasing to see that the TSS will not end on 31 December 2024 as planned but is being further extended to December 2025. A competitive procurement exercise for the next phase of the TSS will also begin by early 2025 which will aim to deliver ongoing support for traders from 2026. The government recognises that the TSS is a key part of the government’s help for businesses adjusting to the new trading environment after the end of the EU transition period. The TSS, a free service, can help businesses save time and money while helping them comply with Windsor Framework requirements. Thousands of businesses have already benefited from using the service’s guidance, training, and support since its launch in 2020. Businesses can sign up to the Trader Support Service and access free online courses and training materials online.

We caught up recently with Marie-Claire McDonnell who has recently returned to Ireland having spent 12 years living and working in Toronto to find out more about the ups and downs of returning home.  1. After 12 years living in Toronto, was there a pivotal moment when you were sure it was time to make the move back to Ireland? We were very happy and settled living in the suburbs of Toronto. My husband (also an Irish accountant) was approached regarding a relocation with his work to their Dublin office. It was a fantastic opportunity for him and a relocation package to your home country is not something that comes up very often. Our three children are still young and we felt it was the right time to move if we were ever going to do it.  2. What was your biggest concern (if any), about moving back and how did you overcome it/them?  I guess the biggest concern is the fear of whether you are making the right decision for everyone in your family. Going from being completely set up in your life after 12 years to starting from complete scratch gets very overwhelming, especially where children are involved. It's important to focus on the reasons for making the move in the first place, the positives of living in Ireland versus abroad.  3. What advice would you give to a member who is at a similar stage?  Preparation is key. Making a list of all the big ticket items that need to be done and working through it with a long lead up time. We had a good six months to prepare before leaving Canada. It is also really beneficial to speak to people who have made a similar move and understand the pain points and the processes involved for various items. I was lucky to have some friends who made the move back before us who I leaned on for advice. Finally, what really helped us moving with small children was that I could take unpaid leave for a few months after we arrived to help get everyone settled. It really helped our family with the transition.  4. What do you think you will miss most about Toronto?  We miss our friends a lot – that is the hardest part. We are lucky that Toronto is very accessible from Dublin so we will be back again soon for a visit.  5. What do you appreciate most about being back in Ireland?   We love being closer to family. When you live abroad you spend most of your holidays coming back to Ireland to visit family and friends. There are lots of options in Ireland for mini breaks and also Europe is on our doorstep so we look forward to many years of fun holidays exploring. 6. What is next for you? I was also very lucky to transfer my role with my employer to their Dublin office. I took the summer off so am now settling back into work and real Irish life!! Our final step is to buy a house which we hope to do in the next year.  Marie-Claire McDonnell on LinkedIn      

Roundup 20 September 2024 Welcome to the latest edition of Technical Roundup which is published on the first and third Friday of every month. In developments since the last edition, the International Accounting Standards Board has announced the start of a research project to review and improve the requirements for the statement of cash flows and related matters in IFRS Accounting Standards. The Department of Enterprise, Trade and Employment has recently confirmed changes to the procedure for notifying the Minister of proposed collective redundancies, pursuant to section 12 of the Protection of Employment Act 1977. Read more on these and other developments that may be of interest to members below. Financial Reporting The Financial Reporting Council (FRC) has published new September 2024 editions of UK and Irish financial reporting standards. These standards consolidate all recent amendments to the standards, including the amendments arising from the recent periodic review of the standards. The following September 2024 publications are included on the FRC website. Overview of the financial reporting framework FRS 100 Application of Financial Reporting Requirements FRS 101 Reduced Disclosure Framework FRS 102 The Financial Reporting Standard applicable in the UK and Republic of Ireland FRS 103 Insurance Contracts Implementation Guidance to accompany FRS 103 Insurance Contracts FRS 104 Interim Reporting FRS 105 The Financial Reporting Standard applicable to the Micro-entities Regime The European Financial Reporting Advisory Group (EFRAG) has issued its August 2024 Update. This report summarises the public technical discussions and decisions taken in the past month as well as open consultations, future events and vacancies. EFRAG has published its feedback statement on its response to the International Accounting Standards Board’s (IASB’s) exposure draft Contracts for Renewable Electricity (proposed amendments to IFRS 9 and IFRS 7). The feedback statement summarises constituent’s feedback, including responses to EFRAG’s draft letter and outreach activity findings. The International Accounting Standards Board (IASB) has announced that it is starting a new research project designed to review and improve the requirements for the statement of cash flows and related matters in IFRS Accounting Standards. The IFRS Interpretations Committee (IFRIC) has released its September 2024 update which summarises the decisions reached in its public meeting on 10 September. During the meeting, IFRIC considered requests received in relation to the following matters; Guarantees issued on obligations of other entities Recognition of revenue relating to tuition fees The IASB has proposed amendments to IAS 28 in its exposure draft Equity Method of Accounting – IAS 28 Investments in Associates and Joint Ventures. The proposed amendments add to and clarify how to apply the equity method by answering application questions that the IASB has received over several years. The consultation period remains open until 20 January 2025. The UK Endorsement Board (UKEB) Survey response deadline on IFRS 18 Presentation and Disclosure in Financial Statements has been extended to 30 September. In its Autumn 2024 Joint Committee Report, the three European Supervisory Authorities (EBA, EIPOA and ESMA) have warned national supervisors of the financial risks stemming from economic and geopolitical uncertainties. Auditing and Assurance The International Auditing and Assurance Standards Board has published a report, Balancing Effectiveness and Timeliness in Audit and Assurance Standard Setting.  This report gives an overview of the IAASB’s progress in addressing key public interest issues and reiterates its strategic direction to continue bolstering confidence in audits and assurance engagements. The Financial Reporting Council welcomes the Government tabling legislation in Parliament on 9 September 2024 to address the significant delays in local authority audits. This follows the Written Ministerial Statement issued on 30 July 2024. Insolvency The Department of Enterprise, Trade and Employment has recently confirmed changes to the procedure for notifying the Minister of proposed collective redundancies, pursuant to section 12 of the Protection of Employment Act 1977, as amended. These changes took effect from 1 July 2024. More information is available on our website. Readers may want to take note of a recent UK High court judgment in connection with the collapse of the retailer British Home Stores (in 2016) and the findings made against individual directors in relation to Wrongful Trading Claims, a Trading Misfeasance Claim and Individual Misfeasance Claims. Two of the directors were each ordered to make a contribution of £6.5m (roughly 15% of the total) to the companies’ assets, on a several liability basis and another director was ordered to make a contribution of £21.5m to the companies’ assets. Please click for an article by UK law firm Burges Salmon which analyses the judgment in detail and the article provides a number of key takeaways for directors of distressed businesses as follows: Navigating duties during times of financial difficulty has never been more complex or potentially risky Directors must ensure that they are up to the task Professional advice is a key protection, but the court will view it in context Board minutes in a distressed situation must be a faithful record of proceedings Directors exercising limited functions may not abdicate decisions for the whole board Directors should not assume that they will be shielded by insurance Please also click for an article by UK law firm Jones Day on the BHS judgment in particular their closing comment that …”. While the BHS facts are relatively extreme, the fact that directors were found liable to such an extent, when in some cases they were earning around £150,000 a year and (at least in one case) had limited involvement at board level, is a warning to all directors of companies facing financial pressure”.  Sustainability EFRAG held its Sustainability Board meeting on Tuesday 17 September 2024. The Hong Kong Institute of Certified Public Accountants (HKICPA) has published two exposure drafts (EDs) for sustainability reporting standards that are fully converged with IFRS S1 and IFRS S2. The comment period for the EDs ends on 27 October 2024. The Institute is holding a webinar on the CSRD on Wednesday 25 September which features Orla Carolan from Future Planet and Mike O’Halloran to understand more about the practical challenges of implementing the CSRD. This includes an overview the steps involved in conducting a double materiality assessment and what to do next around data collection, disclosure and reporting. Please register here to attend. In its recent ESRS Perspectives series, Accountancy Europe look at the European Sustainability Disclosure Standards (ESRS) development process. In this publication they have summarised the ESRS processes and listed the various ESRS support materials from the European Commission and EFRAG. This will provide users and preparers a useful insight into how the standards have been developed. Sanctions and anti-money laundering The UK government recently announced the launch the Office of Trade Sanctions Implementation (OTSI), within the Department for Business and Trade, in October 2024.  Click here also for further information. To equip the office with new civil enforcement powers, on 12 September 2024, the UK government passed the Trade, Aircraft and Shipping Sanctions (Civil Enforcement) Regulations 2024. Click for the explanatory memorandum. OTSI’s enforcement powers come into effect from 10 October 2024. They will apply to all UK persons including businesses wherever they are in the world and any person including businesses in the UK or the UK territorial sea. The regulations introduce new civil enforcement powers, including the power to impose monetary penalties, for breaches of aircraft, shipping and certain trade sanctions. The regulations also give the Secretary of State the option to publish reports where a breach of sanctions regulations has occurred. Click for statutory guidance on the Trade, aircraft and shipping sanctions, civil enforcement. Please click for the latest UK Financial Intelligence Unit SARs in Action magazine, Issue 27. Articles include a look at the UK cross system strategy to tackle professional enablers (individuals or organisations which are providing professional services that enables criminality). The publication also includes some case studies on suspicious activities reports made to UKFIU and an article on “virtual squatting”. The UK National Economic Crime Centre (NECC) recently published its annual report for 2023-2024. It includes some interesting case studies on the takedown of one of the biggest online marketplaces selling stolen credentials to criminals, an investigation into international Cash-Based Money Laundering controller network and case study on the crackdown on romance fraud. Charities news The NI Charity Commission has enhanced the security of Online Services - documents submitted  must not now include special characters in their names. Communities Minister, Gordon Lyons MLA, has appointed Leanne McCullough as a Commissioner to the Board of the Charity Commission for Northern Ireland with effect from 15 August 2024 to 14 August 2029. Central Bank of Ireland news On 18 September 2024 the Central Bank of Ireland (CBI) issued its latest Quarterly Bulletin for Q3 2024. You can read about the latest trends and the outlook for the Irish Economy, an article on economic policy issues in the Irish housing market and an item about climate change in the financial sector. The focus of the climate change article is on describing the new analytical indicators of carbon emissions for financial institutions resident in Ireland. In September 2024, CBI published a page dedicated to frequently asked questions on Markets in Cryptoassets Regulation (MICAR) divided into sections on authorisations, expectations, policy and virtual asset service providers. Government legislation programme Autumn 2024 The Government has published its legislative programme for Autumn 2024. Read the press release here and the contents of the programme here. Since the last publication in April, we have reported on draft legislation and enactments of relevance to members. For example, the Charities (Amendment) Act 2024 which has been enacted and awaits commencement. Also, the Irish Dept. of Finance published the Finance (Provision of Access to Cash Infrastructure) Bill 2024. The Companies (Corporate Governance Enforcement and Regulatory Provisions) Bill has been published and is currently being considered in the Dail. Heads of Bill of the National Cyber Security Bill were published in July 2024. This legislation is to transpose EU Directive 2022/2555 which all EU member states are required to transpose in full by 17 October 2024. Also, heads of bill have been published for the Miscellaneous Provisions (Registration of Limited Partnerships and Business Names) Bill which bill will reform the Limited Partnerships Act 1907 and the Registration of Business Names Act 1963, strengthening Ireland’s regulatory framework and responding to concerns raised in relation to the transparency of Limited Partnerships. Other draft legislation of note in the Autumn legislative programme is the Criminal Justice (Money Laundering and Terrorist Financing) (Amendment) Bill which is heads in preparation, and which is stated to amend the 2010 Act to ensure that Crypto Asset Service Providers are covered by national law in relation to Ireland’s Anti-Money Laundering and Terrorist Financing regime. Also heads in preparation is the Regulation of Artificial Intelligence Bill which will provide for, the designations of Competent Authorities, and penalties, to comply with Ireland’s obligations under Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence (Artificial Intelligence Act). Other On 11 September 2024, the Property (Digital Assets etc) Bill was introduced into the UK Parliament. The press release issued on publication of the Property (Digital Assets etc) Bill noted that it will mean that for the first time in British history, digital holdings including cryptocurrency, non-fungible tokens such as digital art, and carbon credits can be considered as personal property under the law. The Bill will also ensure Britain maintains its pole position in the emerging global crypto race by being one of the first countries to recognise these assets in law. Click to read the Bill and the explanatory memorandum. Read details of the UK Law Commission’s work on digital assets here. Companies House in the UK has recently posted a blog on “Authorised Corporate Service Providers [ACSPs]: what you need to know”. Readers may recall that identity verification is a core pillar of the Economic Crime and Corporate Transparency Act 2023 under which Act Companies House will be required to verify the identity of anyone who is submitting information to the public register, including those acting on behalf of a company. The blog gives some information on ACSPs including standards to become an ACSP and registering to become an ACSP.   This information is provided as resources and information only and nothing in the information purports to provide professional advice or definitive legal interpretation(s) or opinion(s) on the applicable legislation or legal or other matters referred to in the information. If the reader is in doubt on any matter in this complex area further legal or other advice must be obtained. While every reasonable care has been taken by the Institute in the preparation of the information we do not guarantee the accuracy or veracity of any resource, guidance, information or opinion, or the appropriateness, suitability or applicability of any practice or procedure contained therein. The Institute is not responsible for any errors or omissions or for the results obtained from the use of the resources or information contained herein.