Under the Joint Insolvency Committee’s (JIC’s) strategic work plan, Insolvency Guidance Papers (IGPs) are subject to periodic review to ensure they remain relevant to changing legislation and market conditions.  In 2024 all the IGPs are being reviewed and this notice is to advise you of the changes that have been approved by the JIC to date. Withdrawal of IGPs “Bankruptcy – The Family Home” and “Retention of Title” Following such a review, the JIC is withdrawing the Insolvency Guidance Papers entitled “Bankruptcy – The Family Home” and “Retention of Title” with effect from 1 August 2024.  These Guidance Papers were introduced in October 2005 and November 2014 respectively, but the JIC feels that the appropriate approach to both topics is now so widely accepted that separate guidance papers are no longer required. Revised IGP “Succession Planning” A revised IGP related to succession planning has been issued today by each of the Recognised Professional Bodies (RPBs) following approval by the JIC and the RPBs.  Summary of Changes – "Succession Planning” IGP The “Succession Planning” IGP has remained in place since 2005 during which time the insolvency market and profession have significantly changed.  The principal revisions to the IGP emphasise the importance of contingency planning and documentation to ensure the continuity of case management in the event that an insolvency practitioner is unable to act for one or more reasons and in different contexts including retirement, incapacity, death, loss of licence and the sale of a practice.  The revised IGP covers a variety of scenarios including sole practitioners, firms generally and firms where there are no other insolvency practitioners.   The IGP includes new sections on putting succession agreements or arrangements in place and guidance for alternates and potential alternates.  The style and language used has also been modernised to make it clearer and easier to apply. Implementation – “Succession Planning” IGP The revised IGP is published on 25 July 2024 and comes into effect on 1 August 2024.  

As anticipation for an early general election continues to grow, the Institute’s public policy team has made submissions to all of the main political parties setting out the key policy priorities we would like to see featured in any future Programme for Government. Supporting small businesses While the Government has acknowledged the financial pressures SMEs are under, many businesses remain constrained by rising labour costs. In a recent survey of our members, 90 percent of respondents identified labour costs as being the single biggest operating cost facing their business today with over 90 percent saying that these have increased over the past year. With this in mind, we are calling for the next Government to: 1. Reduce Employers’ PRSI on minimum wage workers by 1.5 percent to mitigate the cost of auto-enrolment for employers Currently employers’ PRSI is paid at a rate of 8.8 percent (8.9 percent from October 2024) and a reduction by 1.5 percent would cost the Exchequer an estimated €63 million in a full year. This proposal would compensate employers who will have to introduce pensions auto-enrolment during 2025 at an initial cost of 1.5 percent. The cohort most impacted by the new pensions scheme will be the estimated 164,000 minimum wage workers. 2. Think small first when it comes to introducing new legislation and regulations SMEs have also had to deal with the introduction of an unprecedented number of new legislative requirements over the past 2 years, adding to their cost and administrative burden.  One example is the introduction of enhanced reporting for employers meaning that employers have to report in real-time details of tax-free travel and subsistence and other benefits paid to employees.  Government needs to be cognisant of these challenges when implementing new regulations and have regard to the timing and suitability of same. It is important that small companies do not face any unnecessary or disproportionate regulatory obstacles to start up, establish and grow.  This can be achieved by: Strictly applying the ‘enhanced SME test’ across all government departments when introducing new legislation that will ultimately affect the bottom lines of SMEs. Staggering the roll out of new workplace legislation in a timely manner so as not to overburden employers with additional new costs all at the same time. Facilitating consultation and dialogue with SMEs and other impacted stakeholder groups before introducing new legislation or policy that affects small businesses. Reducing the frequency of reporting the payment of travel and subsistence and other benefits to a monthly or annual basis. 3. Simplify the tax regime for SMEs to encourage enterprise and innovation It is acknowledged that businesses face a complex challenge in accessing tax reliefs and schemes and the Government has shown a desire for all businesses, especially SMEs, to know what they are entitled to claim and can access all appropriate schemes and reliefs.   However, there are several areas where improvements must be made including: (i) Making share-remuneration more attractive by: Maintaining the Employers’ PRSI exemption, which offsets some of the cost of establishing share schemes. Deferring all tax charges for the employee until a sale or liquidity event occurs and allowing CGT treatment on a redemption of employee-owned shares. Enhancing the Key Employee Engagement Programme (KEEP) scheme by relaxing some of the onerous conditions for establishment which drives set-up costs. (ii) Encouraging SMEs to claim the R&D tax credit Larger organisations represent a larger proportion of the amount of R&D tax credit claims in a year. Smaller organisations are disincentivised from claiming an otherwise-available R&D tax credit on the basis of a lack of certainty, fundamental tax risk, and burdensome scrutiny of claims. This can be achieved by: Offering an enhanced rate for small and micro companies of 50 percent. Simplifying the documentation and qualification requirements for SMEs. Introducing a Revenue pre-clearance system for first time claimants. Improving Revenue guidance targeted at SMEs and including a list of common pitfalls encountered by claimants. (iii) Reduce Capital Gains Tax from 33 percent to 25 percent Investment is critical in enabling start-ups to thrive and SMEs to grow and expand.  A lower rate of CGT has been shown to encourage innovation and risk taking. It encourages the sale and purchase of assets, which drives investment activity. This would improve returns for entrepreneurs and in turn the Exchequer.  Improving childcare capacity and affordability for working parents Childcare provision is part of the critical infrastructure necessary for a functioning economy. Access to affordable and good-quality childcare can play a key role in driving more sustainable and inclusive economic growth. In a survey of our members published earlier this year, 97 percent of respondents surveyed said that they had considered adjusting their working patterns as a result of not being able to find a childcare place while almost half of respondents signalled that they have had to reduce their working hours as a result of this. From a cost perspective, one third of members currently pay up to €1,000 a month per child on childcare with one third paying between €1,000 and €2,000 per child per month. This is not a sustainable situation. To address these issues, we are calling on the next Government to: 1. Commit to a whole-of-government strategy which recognises childcare as part of the critical infrastructure necessary for the functioning of the economy. This strategy should: Focus on encouraging the availability of flexible or part-time childcare places to reflect current work patterns. Targeted funding could be directed at facilities to offer more flexible offerings. Ensure adequate capacity in the sector by officially analysing and documenting childcare needs in local areas on a regular basis.  Expand the work of the Access and Inclusion Model (AIM) programme which caters for children with a disability by creating a more inclusive environment in pre-schools through universal and targeted supports. 2. Ensure funding of the existing system reflects the true cost of service provision and encourages growth in the sector. This can be achieved by: Regularly reviewing Core Funding to ensure that the model is suitable for the sector and enables providers to be sustainable, profitable and retain an ability to invest in their own services. Supporting an integrated system of full time and after-school care with both types of care adequately funded. Reflecting the additional cost burden placed on providers by the administrative requirements of Core Funding, the administration of the National Childcare Subsidies as well as the enhanced regulation experienced by childcare providers (and SMEs generally) by the introduction of new labour laws including pensions auto-enrolment, which is expected in 2025.   3. Enhance awareness of support subsidies available to parents under the National Childcare Scheme. This can be achieved by: Ensuring that maternity hospital and Public Health Nurses to provide information on the supports available to new parents in the early years. Requiring childcare providers to highlight available supports to parents as part of the application process to register their child with the childcare facility. Translating the NCS portal into other languages as language barriers have been reported as being a barrier to claiming the subsidy. As part of our pre-election campaign to promote the above advocacy agenda, in recent weeks representatives from the Institute have met with Minister for Enterprise, Trade and Employment Peter Burke and Minister for Finance Jack Chambers. In addition, we have engaged with senior officials at the Department of Children, Equality, Disability, Integration and Youth and have arranged forthcoming meetings with spokespeople from all of the main opposition parties. As we approach the next general election, the Institute’s public policy team will continue to advocate for our members interests across the political spectrum. Should you have any questions on our campaign or wish to bring a specific issue to our attention, please contact the public policy team at publicpolicy@charteredaccountants.ie  

  In this week’s Sustainability/ESG bulletin, read about recommendations by the Department of Finance on energy and vehicle tax, Ireland’s commitment to accelerating action on the UN SDGs, electricity consumption by data centres, and the business skills needed to report on nature. Also covered is HMRC’s provisional environmental taxes exchequer receipts, and the International Organization for Standardization (ISO) plans to develop an international standard on net zero, as well as the usual articles and events. Ireland news Department of Finance energy and vehicle tax strategy paper publishes The total yield from energy and vehicle taxes was €4.3 billion in 2023, representing 5 percent of overall tax receipts for 2023. This is according to the Energy and Vehicle Taxation Tax Strategy Group (TSG) paper, published this week by the Department of Finance, with the aim of informing budgetary policy. Read more here. Ireland's commitment to accelerating action on UN SDGs Minister Ossian Smyth, Minister of State at the Department of the Environment, Climate and Communications, has reaffirmed Ireland’s commitment to the full implementation of the UN Sustainable Development Goals (UN SDGs). Minister Smith delivered Ireland’s National Statement at the UN High-Level Political Forum on Sustainable Development in New York last week, where he also highlighted the shared responsibility for the implementation of the 2030 Agenda for Sustainable Development, adopted by all United Nations Member States in 2015. The outcomes of the Forum will build towards the Summit of the Future, which will take place on 22-23 September, during the UN General Assembly High-Level Week 2024. National Energy and Climate Plan (NECP) 2021-2030 Ireland has submitted its updated National Energy and Climate Plan (NECP) 2021-2030 to the European Commission. Whereas the annually updated National Climate Action Plans reflect new policies and measures to increase Ireland’s ambitions in pursuing energy and climate targets, the NECP acts more as a collation of existing policies, measures and actions, such as the Climate Action Plan, the National Development Plan, and Project Ireland 2040. It also provides an analysis of how Ireland is performing relative to EU-wide targets and will identify gaps and areas that Ireland can improve on, which should be reflected in updated policies and measures in subsequent Climate Action Plans. Research finds air pollution link with mental health Research published by the Economic and Social Research Institute (ESRI) and funded by the Environmental Protection Agency (EPA) has found that long-term exposure to air pollution is associated with poorer mental health in older people. Commenting, one of the paper’s co-authors, Professor Anne Nolan, noted that measures to reduce pollution from industry, transport and agriculture will be required to hit the targets set out in the recent Clean Air Strategy, which commits to the achievement of the WHO air quality guidelines by 2040. Data centres 2023 electricity consumption Figures released by the Central Statistics Office (CSO) this week show that data centres in Ireland now account for 21 percent of the total metered electricity consumption in the State, a four-fold increase on 2015 consumption of 5 percent. In comparison, urban and rural households used 18 percent and 10 percent respectively. Skills for sustainability reporting on nature Business for Biodiversity Ireland, in partnership with National Parks and Wildlife Service, is carrying out research into the biodiversity skills required to run a sustainable business in Ireland. They have created a survey for businesses to help them identify the skills, knowledge and competencies that may not yet be represented in their businesses. The survey takes two minutes to complete, and the findings will be presented to the Skills and Labour Market Research Unit and other relevant entities for their consideration. UK/Northern Ireland news HMRC has published provisional 2023/24 data on exchequer receipts from a range of environmental taxes, including the climate change levy. Overall receipts for 2023/24 are expected to be lower than in 2022/23. The total provisional Climate Change Levy (CCL) and Carbon Price Floor (CPF) receipts for the financial year 2023 to 2024 were 13% lower than the financial year ending 2023 and the total provisional Landfill Tax (LFT) and Aggregates Levy (AGL) receipts were 22 percent and 8 percent lower, respectively, than the financial year ending 2023.   Europe News Ursula Von der Leyen was re-elected as EU Commission President for a second term insisting the EU “stay the course” on the goals set out in the European Green Deal. A new law on sustainability requirements for a wide range of everyday household products has entered into force in the EU. The Ecodesign for Sustainable Products Regulation (ESPR) will enable requirements to be set with the aim of  ensuring products last longer, are easier to repair/recycle, contain more recycled materials, and are more energy and resource-efficient. Work will now focus on implementing the regulation. The European Commission has selected 134 transport projects to receive over €7 billion in EU grants  for sustainable, safe and smart investment in infrastructure. Ireland is set to receive €157.5 million, with Dublin Port's receiving €73.8 million and the Port of Cork €38.4 million. The remainder will fund multi-country EU projects with participation of an Irish national entity. The insurance industry has set out its priorities for a more prosperous, resilient, and competitive European Union. Insurance Europe calls on EU policymakers to continue to tackle climate change, with concrete actions on climate adaptation and strengthening resilience. Applications are open until 25 September for the 2025 European Prize for Women Innovators, celebrating women entrepreneurs who drive positive change. Categories include Women Innovators, Rising Innovators, and Women Leadership, with prizes up to €100,000. World news The International Organization for Standardization (ISO) has announced it will develop its first international standard on net zero, with a planned launch at COP30 in November 2025. The standard is an evolution of the ISO Net Zero Guidelines (launched at COP27), into an independently verifiable international standard, providing clear guidelines and robust requirements to support the net zero transition. Thousands of experts are expected to collaborate on the new standard, integrating the latest climate science. IFAC has pulled together numerous resources available for small- and medium-sized practices (SMPs), including a Small Business Sustainability Checklist . This is a diagnostic tool that SMPs can use with their SME clients to help them start their sustainability journey. Also available is their Sustainability Information for Small Businesses: The Opportunity for Practitioners , which highlights the range of emerging services SMPs can provide to their clients  Articles If the earth is getting hotter, why is this summer so dismal? (RTÉ)   Climate Heroes app has helped 60 communities across Ireland take climate action (Irish Times)   Ireland climbs to 5th in EY Renewable Energy Attractiveness Index (RTÉ)   Humanity has just five years to prevent irreversible climate damage, warns Ryan (Irish Times)   Upcoming Events The Law Society of Ireland 2024 Environmental, Social and Governance (ESG) Massive Open Online Course (MOOC) Delivered over 5 weeks, the Law Society’s 2024 MOOC on ESG is now available online and on demand. The MOOC is free and open to all, and Institute Professional Accounting Lead, Dee Moran, is speaking on the topic of the sustainable reporting landscape. Chartered Accountants Ireland, The SME and SMP Sustainability Workshop A workshop for SMEs and small/medium accounting practices (SMPs) on how to get ahead of the sustainability curve. This interactive half-day session will focus on positive actions you can take to understand the ‘trickle-down’ effect of the Corporate Sustainability Reporting Directive ('CSRD’), green public procurement, access to sustainable finance, and how to make your practice more sustainable to save costs and respond to staff and client demands. Virtual, Chartered Accountant House, 13 September, 9.30- 12.30; €60 members; €75 non-members; 3 hours CPD points. Chartered Accountants Ireland, Advance your knowledge on the Corporate Sustainability Reporting Directive  Would you like to know more about the Corporate Sustainability Reporting Directive (CSRD)? Join Dee Moran, Professional Accountancy Lead, and Mike O’Halloran, Technical Manager, both from Chartered Accountants Ireland to understand more about the directive, the transposition into Irish law and what it might mean for your organisation. Virtual, 18 September, 10-11am, 1 hour CPD points Chartered Accountants Ireland, Advance your knowledge on the European Sustainability Reporting Standards  In the second of our series on EU sustainability reporting, join Mike O’Halloran, Chartered Accountants Ireland and guest to understand more about the requirements of the CSRD, the content and disclosures included in the first set of ESRSs and what undertakings should do to prepare for implementation. Virtual, 25 September, 10-11.30am, 1 hour CPD points EPA, Circular Economy Conference 2024 Online and in-person (Aviva Stadium, Dublin), 25 September Environment Ireland, Environment Conference In person, Croke Park, 17 October 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. 24 October, 08:30 – 12.00, Virtual IAFA & IAASA  Integrating Sustainability Reporting and Assurance into Accounting Education Conference The conference is a collaboration between IAFA and the Irish Auditing and Accounting Supervisory Authority (IAASA) and aims to build awareness of the implications of sustainability reporting & assurance for accounting education, and to foster meaningful dialogue & collaboration among stakeholders to drive positive change. It will explore: Challenges and opportunities facing accounting education in the context of sustainability reporting and assurance, Corporate Sustainability Reporting Directive (CSRD) and its implications for accounting education, Future skills for sustainability reporting and assurance, Strategies for enhancing accounting education and student skills development. In person, 1st November, Maynooth University   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, 28 August, 14:00-15.30 Zoom 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 total yield from energy and vehicle taxes was €4.3 billion in 2023, representing 5 percent of overall tax receipts for 2023. This is according to the Energy and Vehicle Taxation Tax Strategy Group (TSG) paper, published this week by the Department of Finance, with the aim of informing budgetary policy. In the paper, the Department states that it does not recommend a Car Parking Levy at this time, identifying a number of non-tax measures which could be implemented instead to achieve the same objectives in a more efficient and/or equitable manner. Examples include congestion charges, road usage charges, Clean Area Zones and Low Emissions Zones, ‘Cashing out’, reallocation of road space, increased investment to enable sustainable mobility, remote working policies, and direct expenditure on alternative routes or modes of public transport. The paper also identifies fiscal measures which could potentially raise revenue for the Exchequer and encourage behavioural change linked with reducing road transport emissions. Proposals include: an extension of the VRT relief for battery electric vehicles a 1 percent VRT rate increase across bands 11-20 (which would only affect cars with above average emissions), and which is estimated to raise €26 million based on 2023 registrations increasing the VRT NOx surcharge by €5 per mg/km, which would raise €15.5 million; and certain changes to capital allowances thresholds.

In Irish news, a delegation from the Institute recently met the Minister for Finance to discuss CCAB-I's Pre-Budget 2025 submission, Revenue publishes statistics on Local Property Tax and Vacant Homes Tax, and Revenue advises that work is ongoing to resolve issues with the Form 11 income tax return. In UK news today, we look at another tax related appointment in the new Labour government and miscellaneous updates covers a range of changes including the latest Agent Update.  Ireland A delegation from the Institute, under the auspices of the CCAB-I, met the Minister for Finance, Jack Chambers TD to discuss the CCAB-I’s Pre-Budget 2025 submission. Revenue has published statistics on Local Property Tax and Vacant Homes Tax for 2024. Revenue is working to resolve issues with the Form 11 income tax return. UK The new Exchequer Secretary to the Treasury has been appointed as the current parliamentary session is extended to 30 July. Read our miscellaneous updates which covers a range of changes including the latest Agent Update. 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.  

Readers, in particular employers, may find useful A &L Goodbody thoughts and insights after 18 months of the new whistleblowing regime | A&L Goodbody LLP (algoodbody.com) .It is written 18 months after Ireland transposed the EU Whistleblowing Directive through the Protected Disclosures (Amendment) Act 2022 (“2022 Act”). It notes for example a substantial increase in the number of whistleblowing claims and discusses the question most frequently asked by its international employer clients. This is whether the employer can retain its centralised reporting channel at parent company level with the introduction of the 2022 Act or whether each legal entity in a group has to have its own internal reporting channels and procedures. Readers are also reminded of the Institute resources in this area. The Institute pages on protected disclosures on the technical hub have a large volume of information and resources available on this topic. This information is provided as resources and information only and nothing in these pages 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 pages. 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 these pages, 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 in these pages.  

Following the recent publication of Revenue’s new guidelines for determining employment status for taxation purposes (which applies the new test outlined in Karshan), Revenue has updated the Tax and Duty Manual which provides guidance on the tax treatment of remuneration of Members of State & State Sponsored Committees, Boards, Commissions & other Bodies.  

Revenue has updated the Stamp Duty Manual which provides guidance for the making of Stamp Duty assessments under section 20 SDCA 1999 and for appealing against Stamp Duty assessments under section 21 SDCA 1999. The manual has been updated and refreshed throughout and now includes details of the e-stamping regulations in the context of amending a self-assessment.  

Sections 90 to 102A of the Capital Acquisitions Tax (CAT) Consolidation Act 2003 provide for CAT relief in respect of gifts or inheritances of business assets. Revenue has updated the Tax and Duty Manual which provides guidance on the operation of this relief to reflect changes introduced in Finance (No.2) Act 2023. With effect from I January 2024 the clawback period will commence from the valuation date rather than the date of the gift/inheritance (paragraph 12.7).  

Revenue has updated its guidelines for charging interest on late payment through Revenue Debt Management Systems (DMS) and Fixed Direct Debit Systems . The manual provides guidance on when and how Revenue charges interest and the rates that apply.  

Revenue has updated the Tax & Duty Manual which provides guidance on employer’s PAYE obligations with effect from 1 January 2019.   The updates include:   Removal of content that is published in other manuals   Updated list of applicants who can submit a paper application to register as an employer   Updated contact information for Revenue offices throughout   Details of employer obligations under Enhanced Reporting Requirements   Updated guidance in relation to service charges (tips) paid out by/on behalf of an employer   Updated guidance in relation to annual membership fees paid to a professional body   Notification regarding the eSARP portal available in ROS   Updated examples throughout   Detailed guidance in relation to employer obligations throughout the income tax year  

Revenue is intending to enter into a Data Sharing Agreement under the Data Sharing and Governance Act 2019. A Public Consultation Notice has issued on the proposed Data Sharing Agreement (DSA) which will allow for the sharing of the Unique Business Identifier Number (UBIN) between a number of government offices including Revenue.   The public consultation is available at gov.ie/consultations/DSA and is open from 17 July to 14 August. The public are invited to make submissions by email to consultations.dsa@per.gov.ie.