Revenue has updated the Tax and Duty Manual for Schedule 2 - Encashment Tax. The updated manual now incorporates guidance regarding encashment tax and US dividends and provides an example on how encashment tax is applied to US dividends. The previous guidance has been archived.

Revenue has updated the Stamp Duty Tax and Duty Manual for transfers of land under section 81AA SDCA 1999 to young trained farmers to reflect recent developments, including the extension of the relief to 30 June 2023. Further information is available in eBrief no.030/23.

The Minister for Finance, Michael McGrath, has announced the transfer of €4 billion from the Exchequer’s Central Fund into the National Reserve Fund. Commenting on the transfer, Minister McGrath said: “On Budget day, the government committed to putting aside additional resources, from excess corporation tax receipts to prepare the public finances for future challenges. This commitment was made while also providing over €11 billion in economic support to households and businesses in Budget 2023 to help individuals, families and businesses deal with the rising cost of living. While we have acted to deal with this immediate challenge, there are future costs which we must be prepared for including the consequences of an ageing population, the digital transition and climate change. Recent history has taught us that we must also be prepared for unforeseen challenges, which are becoming more frequent and increasingly impactful. The transfer of €4 billion to the National Reserve Fund today is an important step in that preparation. Today’s transfer comes after the €2 billion transfer made in 2022 and brings total transfers to the Fund since Budget night 2022 to €6 billion. This means that the NRF will have a strengthened position to respond to the type of unforeseen challenges that the Fund was established to deal with in 2019."

Revenue has written to taxpayers who are currently registered for Income Tax but have not filed Income Tax returns for years up to and including 2021 notifying them of their obligations, as chargeable persons, under self-assessment rules for Income Tax.  A chargeable person is obliged to file Income Tax returns and make payments, on or before 31 October each year.   Revenue advises that where a taxpayer is no longer a chargeable person, the taxpayer should cancel their Income Tax registration. This can be done online via ROS or by completing Form TRCN1 which is available on the Revenue website.  If the taxpayer continues to be a chargeable person, the notice is a final reminder to file the outstanding Income Tax returns.  If taxpayers do not file the outstanding Income Tax returns or cancel the registration within 21 days of this letter, Revenue will proceed to cease the Income Tax registration without further notice.  The notice will issue directly to taxpayers with no Agent copies issuing.

Welcome to this week’s Technical Roundup. In developments this week, as part of its ongoing engagement activities in relation to the periodic review of FRS 102 and other FRSs, the Financial Reporting Council hosted a webinar on 19 January which gave an overview of the proposals and provided further context in relation to the decisions made; the Chairperson of the European Banking Authority recently gave a speech on Financing transition to sustainability? What is the role of banking regulation? He said that the financial sector has an important role to play, both in terms of financing the transition to sustainability and for managing financial risks stemming from ESG factors. Read more on these and other developments that may be of interest to members below. Financial Reporting IAASA has published a compendium of financial reporting decisions. These decisions relate to accounting treatments applied by three companies in their 2021 annual financial reports. This compendium, for the first time, includes decisions covering accounting for climate change and sustainability initiatives. As part of its ongoing engagement activities in relation to the periodic review of FRS 102 and other FRSs, the FRC hosted a webinar on 19 January which gave an overview of the proposals and provided further context in relation to the decisions made. The Financial Reporting Council (FRC) are hosting a webinar on 31 January entitled “ESG – what we’ve achieved so far and what’s next” The IASB have released a webcast which addresses the proposals on financial instruments contained in the recent Exposure Draft on the Third Edition of the IFRS for SMEs Accounting Standard. In its Q4 2022 podcast the IFRS Interpretations Committee discussed a recent submission in relation to IFRS 16 relating to whether a contract including a substitution right contains a lease. The tentative agenda decision in relation to this is open for comment until 6 February 2023. In its sixth episode of “The Fast Future with IFAC” podcast series, some issues relevant to small and medium practitioners are discussed, including cybersecurity, cloud computing, client relationship-building, attracting and retaining talent and firm innovation. Auditing The IAASB has opened its public consultation for a group audit-specific section of the proposed auditing standard for less complex entities. This is open for public comment until 2 May. Sustainability The Chairperson of the European Banking Authority recently gave a speech on Financing transition to sustainability? What is the role of banking regulation? He said that the financial sector has an important role to play, both in terms of financing the transition to sustainability and for managing financial risks stemming from ESG factors. There was some discussion on the EBA roadmap which was adopted in December 2022 and that EBA are going to continue working to embed ESG considerations into their risk analysis and stress testing. Professional Accountancy Education Europe (PAEE), which is a collaboration between European accountancy bodies striving to provide a high-quality education framework at international level have issued some Q&As which explain why it is vital to further develop sustainability awareness among accountancy and auditing professionals. The International Sustainability Standards Board (ISSB) have issued their January 2023 update and podcast. This discusses recent developments including the rollout and adoption of Sustainability Standards S1 and S2. Insolvency The Institute is hosting a webinar on Options for directors’ in financial difficulty on Thursday, 9 February 2023. We will outline directors’ duties and obligations when a business is in financial difficulty, and possible consequences for directors for not adhering to those duties and obligations. There will be discussion on the recent insolvency related changes to Companies Act 2014 on the expansion of directors’ duties. Anti-money laundering The Irish Minister for Justice, with the consent of the Minister for Finance recently issued Guidelines under section 37(12) of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (as amended) (Act) giving a bit more detail of  those functions in the State that may be considered to be prominent public functions for the purposes of the Act. This will assist firms to identify domestic Politically Exposed Persons (PEPs) when conducting their AML risk assessment. The UKFIU recently published the 2022 Suspicious Activity Reports (SARs) Annual Report and annexes which features statistics covering the years 2020-21 and 2021-22.SARs are submitted to the NCA by individuals working in regulated sectors such as banking, legal and financial services, where they suspect that transactions are being used to launder money or conceal criminal activity. Other Areas of Interest The Irish Central Bank recently issued a Dear CEO letter concerning its supervisory findings and expectations for payment and electronic money (E-Money) firms. The purpose of the letter is to reaffirm supervisory expectations of CBI with the CBI stating that the supervision of all financial services sectors is risk-based. The letter also sets out a requirement that all payment and e-money firms who are required to safeguard users’ funds obtain a specific audit of their compliance with the safeguarding requirements under EU regulations and the letter sets out what CBI expects the audit opinion to contain. Read the full letter at the link above . Also, in CBI news the Governor recently issued a letter setting out his financial regulation priorities 2023.Among other items it includes continuing progress on actions on the systemic risks generated by non -banks and ensuring that the EU’s Anti Money Laundering Action Plan including the establishment of a single supervisory authority results in  a consistent and robust EU wide framework. The DETE webinar on the Corporate Sustainability Reporting Directive (CSRD)was held on 26 January 2023.The purpose of the webinar was to introduce CSRD and the European Sustainability Reporting Standards arising out of it, to Irish businesses so that they can begin their preparations. DETE reported that next week will see the launch of a public consultation on member state options contained within the CSRD. Further news on the webinar can be found here. For further technical information and updates please visit the Technical Hub on the Institute website.  

The deadline for making an Unprompted Qualifying Disclosure in relation to previously undisclosed Period 1 liabilities under the Debt Warehousing Scheme (DWS) is 31 January 2023. Revenue has updated its Tax and Duty Manual on the process for taxpayers making an Unprompted Qualifying Disclosure of previously undisclosed Period 1 liabilities. Such taxpayers have an opportunity to have those additional liabilities warehoused under the terms of the DWS. The updated guidance sets out the period within which taxpayers availing of Debt Warehousing must agree a Phased Payment Arrangement (PPA) for their warehoused liabilities.  

Revenue policy is that opinions/confirmations provided by Revenue are valid for a maximum period of 5 years. Revenue has updated its Tax and Duty Manual providing guidance to taxpayers who wish to continue to rely on an opinion or confirmation issued by Revenue in the period between 1 January and 31 December 2017 on or after 1 January 2023.   A taxpayer who wishes to continue to rely on an opinion/confirmation is required to make an application for its renewal or extension on or before 31 March 2023.

Revenue has updated the Income Tax (Employments) Regulations 2018 Tax and Duty Manual reflecting the changes made as a result of the Income Tax (Employments) Regulations 2022 S.I. No. 690 of 2022. These changes are operational since 1 January 2023 and amend the Income Tax (Employments) Regulations 2018 that prescribe the manner in which the deduction of tax from salaries and wages under the “Pay As You Earn” system operates. Further information is available in eBrief no.011/23.

Revenue has updated its Tax and Duty Manual for PAYE reviews where Week 53 applies to reflect the Finance Act 2022 changes:  Amendment to section 480B TCA 1997, to provide that the Week 53 provisions apply to the Sea-going Naval Personnel Tax Credit with effect from 1 January 2023. Application of the Week 53 provisions to the income threshold applicable when determining if an individual qualifies for the Home Carer Tax Credit. However, as this treatment was applied previously by Revenue on an administrative basis, claimants will not see any difference in the tax treatment applicable to them on foot of this change.

Revenue has updated its Stamp Duty Tax and Duty Manual to provide information on how section 31C SDCA 1999 (shares deriving value from immovable property situated in the State) interacts with section 31E SDCA 1999 (stamp duty on certain acquisitions of residential property).

Revenue has updated the Stamp Duties Consolidation Act 1999 - Notes for Guidance  to include all amendments to the 1999 Act by subsequent Acts up to and including Finance Act 2022.

Revenue has updated several chapters of the Stamp Duty Tax and Duty Manuals. Further information is available in eBrief no. 016/23.