IAASA undertakes statutory enquiries (‘s933 Enquiries’) and investigations (‘s934 Investigations’) under the companies act 2014 and its own regulations. The preliminary stages are undertaken by the executive. From time to time, IAASA may need to establish committees to carry out full enquiries/investigations, where the matter cannot be settled by mutual agreement before that stage. Membership of these committees, including chairpersons, is selected from a panel of eligible appointees. IAASA is seeking to update this panel, and expressions are particularly welcome from members of Prescribed Accountancy Bodies. Further information is available here. The closing date for receipt of expressions is 12:00 PM on Monday 15 July 2024. IAASA is committed to a policy of equal opportunity, and welcomes expressions from people with disabilities. (This article is sponsored by IAASA)

The North West Society is delighted with  the success of the recent "Time Out for Development" CPD event. 50 members from all over the region, Sligo, Mayo, Donegal, Leitrim and Roscommon came together to prioritise their own learning and development. In spite of the jam packed agenda, a social atmosphere prevailed. The society would like to thank generous event sponsors AIB for helping make this day out happen! Event photos are available to view here.

One of the highlights of the North West Society's event calendar is our trip to ladies day at Sligo Races. This event takes place on Thursday, 8 August. It is an evening meet. The cost is €40 for members and includes entrance tickets, corporate box, private tote and bar, race cards and a light supper! This event sells out quickly every year so click here to book.

Read more on changes to company law to be implemented by the Employment (Collective Redundancies and Miscellaneous Provisions) and Companies (Amendment) Act 2024. 2024 Amendments to Companies Act 2014

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 available, and the Windsor Framework Democratic Scrutiny Committee has published a report on EU regulation 2024/1157 on shipments of waste.  Windsor Framework Democratic Scrutiny Committee  Earlier this month, the Committee published its report on the EU regulation on shipments of waste, specifically Regulation (EU) 2024/1157, a published replacement EU act. The Committee concluded that the EU law “significantly differs, in part, from the content or scope of the EU instrument which it amends or replaces”. It was not able to reach a view on whether the replacement EU act “would have a significant impact specific to everyday life of communities in Northern Ireland in a way that is liable to persist”. You can read more about this in the 10 June 2024 Brexit and Beyond newsletter, published by the Northern Ireland Assembly’s EU Affairs team.  Miscellaneous updated guidance etc.   Recently updated guidance, and publications relevant to EU exit are set out below:  Authorised Consignee Temporary Storage (ACTS) location codes for Data Element 5/23 of the Customs Declaration Service;  Check if a business holds Authorised Economic Operator status;  Summary of movements of goods into Northern Ireland from Great Britain 2023;  Using a suppliers’ declaration to support a proof of origin;  The Customs (Miscellaneous Amendments) (No. 2) Regulations 2024;  External temporary storage facilities codes for Data Element 5/23 of the Customs Declaration Service;  Maritime ports and wharves location codes for Data Element 5/23 of the Customs Declaration Service;  Attending an inland border facility;  Internal temporary storage facilities (ITSFs) codes for Data Element 5/23 of the Customs Declaration Service; and  Get help using example declarations for exports from Great Britain to the rest of the world. 

In this week’s miscellaneous updates, HMRC is asking tax agents to stay alert to malicious software which can lead to suspension of agent accounts and has identified that some agents/Professional Bodies are using out of date versions of the SA1 form (Register for Self-Assessment if you are not self-employed) which HMRC no longer maintain. New guidelines for compliance in respect of football agents’ fees and dual representation contracts have been published; as part of this, HMRC is asking interested parties to complete a survey on the new guidelines.   Importance of staying alert to malicious software HMRC has asked us to share the below reminder about staying alert to malicious software, how this can lead to suspension of agent accounts, and what action to take if this happens.  “Agents are frequently targeted by criminals who attempt to trick them into downloading malicious software (or malware) onto their devices. This software can give fraudsters access to Agent tax accounts and, in some cases, the personal details of clients. If malware is not completely removed, even after a password change or even the creation of a completely new account, the criminals still retain access.   If we suspect that an agent has inadvertently acquired malware on one or more of the devices they use for their work, and that this has resulted in client data being compromised, we take immediate action to suspend the account.   If we suspend an agents account due to suspected malware, we write to the agent to advise them on the steps they need to take. This includes securing all affected devices before contacting HMRC’s Online Service Helpdesk to initiate the process of un-suspending their account.   Agents should regularly ensure that any software they use is up-to-date, check their antivirus protection is switched on and is up-to-date, and avoid clicking links or downloading attachments in suspicious or unexpected emails.   Nobody is immune from fraud. Criminals are great pretenders and will take any opportunity to steal information from customers and use this to access our systems. Before sharing personal or financial details, we always urge customers to visit HMRC phishing and scams GOV.UK to check the sender or caller is genuine.   To help fight these crimes, forward suspicious texts claiming to be from HMRC to 60599 and emails to phishing@hmrc.gov.uk. Report tax scam phone calls to us on GOV.UK. You can find more information on cyber security at National Cyber Security Centre: https://www.ncsc.gov.uk/.”  Out of date SA1 forms  HMRC has sent the below message about the use of out of date SA1 forms for registering for self-assessment if you are not self-employed.  “We have been made aware that some professional bodies/agents are displaying or using links containing obsolete versions of the SA1 PDF which HMRC no longer maintain. The information held on these forms is not up to date, such as the telephone number, return address, and Self-Assessment criteria.  Would you/agents kindly review the links you are using and:  Remove any old links from your websites, communications, etc; and  Make sure you/agents only display/use the two options below.  First option: SA1 shortform which can be completed and submitted online at: https://www.gov.uk/guidance/register-for-self-assessment-if-you-are-not-self-employed  Agents can use their Government Gateway user ID and password to access this form.  This form offers a personalised service, and the form can only be seen once all the required questions have been answered.  Second option: SA1 Print and Post: SA1 G-form at LC Forms (tax.service.gov.uk)   This form is filled in online, then printed and posted.”   New guidelines for compliance - football agents’ fees and dual representation contracts  HMRC has published “Help with Football Agents’ Fees and Dual Representation Contracts – GfC6”. These Guidelines for Compliance (“GfC”) are for football agents and football clubs and focus on:  HMRC’s view on dual representation contracts; and  Employer duty and VAT compliance risks for football agents’ fees and dual representation  HMRC is stressing that these guidelines do not change its view of compliance risks in other taxes and that these GfC should be read alongside HMRC’s published guidance. According to HMRC, following these guidelines will help to reduce the risk of making errors, therefore reducing the risk of any penalty charges.  In the “Give feedback on these guidelines” section, HMRC has included a survey which should take less than three minutes to complete. Feedback from this survey will be used to:  establish any areas you may still have trouble understanding;  understand where improvements can be made to the guidelines;  measure experience of using the guidelines; and  improve future GfC publications.  HMRC has asked us to highlight that you can only use the survey to provide feedback anonymously about the guidelines. Do not provide any personal data that might identify you or your clients. The survey is not a route to contact HMRC for specific enquiries. If you have any specific questions or want to provide more detailed feedback, please email ccgguidelinesforcompliance@hmrc.gov.uk.  

That was just one of the concerns raised by the Institute in its submission to “Consultation on the introduction of a UK carbon border adjustment mechanism” (“CBAM”). The Institute’s full response can be read in the Tax Representations section of our website and also highlighted the urgent need for clarification in respect of the ongoing uncertainty as to how the EU CBAM will apply to Northern Ireland under the Windsor Framework, and specifically the application of the EU CBAM to imports from non-EU countries.  The submission also focused on the need for adequate time to prepare for the introduction of the UK’s CBAM which must be preceded by guidance and systems that have been developed in close conjunction with stakeholders.   HMRC’s compliance approach to this new tax should incorporate a soft landing approach with penalties automatically suspended for two years, unless HMRC has evidence of deliberate behaviour. The Institute also highlighted the importance of providing educational support to businesses and customs intermediaries. 

Ahead of next month’s general election, the main parties in the UK have now published their party manifestos. Links to each of these are set out below. We also take a closer look at the tax policies of the Conservative and Labour parties as the two parties likely to have the most seats in Westminster after the general election on 4 July.  Tax policies – the Conservative Party  The Conservatives have pledged the following:  There will be no increase in the 25 percent main rate of corporation tax;  The rate of employee National Insurance Contributions (“NICs”) will be reduced by a further 2 percent to 6 percent;  Class 4 NICs for the self-employed, currently 6 percent, will be abolished and there is a long-term plan to end NICs altogether;  Income Tax and VAT will not rise;   There will be no increase in the rate(s) of Capital Gains Tax (“CGT”);  The manifesto is silent on Inheritance Tax; and   Child benefit will be assessed at the household level with no high income child benefit charge for couples earning up to £120,000; this would be a doubling of the current £60,000 threshold.  Tax policies – the Labour Party  The Labour Party has pledged the following:  Corporation tax will be capped at the current main rate of 25 percent for the duration of parliament (five years);  There will be no increases in income tax, NICs and VAT. However, the same promise is not made for CGT and pensions tax relief;  There are a range of tax increases aimed at wealthier voters including the closure of what is referred to as “non-dom tax loopholes” and VAT will be applied to private school fees;  A business taxation roadmap will be published;   There are “plans to modernise HMRC and change the law to tackle tax avoidance. We will increase registration and reporting requirements, strengthen HMRC’s powers, invest in new technology and build capacity within HMRC. This, combined with a renewed focus on tax avoidance by large businesses and the wealthy, will begin to close the tax gap and ensure everyone pays their fair share”; and  There is a commitment to only one major fiscal event every year.  Party manifestos are available at the following links:  The Conservative and Unionist Party manifesto;  The Labour Party manifesto;  The Liberal Democrats manifesto; and,  The Green Party manifesto.  The Scottish National Party manifesto has not yet been published. 

Revenue has updated the Tax and Duty Manual which provides guidance on C&E TAN Reports available on ROS for C&E traders. The updated guidance now includes details for TAIN agent (Tax Agent) access in ROS to C&E reports for their clients. Further information in relation to postponed VAT reports where a declaration is invalidated has been included and clarification included where only one transaction and one payment is submitted in a month. 

Revenue has updated the Tax and Duty Manual which provides guidance on the taxation of crypto-asset transactions. The guidance now includes minor clarifications, including confirming that Central Bank Digital Currencies (CDCC) are to be treated as currency assets and not crypto assets for tax purposes. 

Revenue has updated the Tax and Duty Manual which provides registration and filing guidelines for DAC7. The guidance has been updated to reflect information required when registering as a Foreign Platform Operator (section 3).  

Revenue has updated the Tax and Duty Manual which provides guidance on the section 481 Film Corporation Tax Credit. The guidance has been updated to reflect the extension of the operation of the tax credit to 31 December 2028 and the increase in the expenditure cap to €125 million. It also reflects the closure of the Regional Film Development Uplift to new claims from 1 January 2024.