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.

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.

Welcome to this week’s Technical Roundup.  In developments this week, the IDA in Ireland has issued its monthly e-zine which includes a report of ‘green talent’ on the rise and seven offshore renewables projects given a boost by the Irish Government; the Financial Reporting Council held a webinar on 19 January setting out the proposals contained in FRED 82 Draft amendments to FRS 102 The Financial reporting Standard applicable in the UK and Republic of Ireland and other FRSs – Periodic Review. Read more on these and other developments that may be of interest to members below. Financial Reporting The International Sustainability Standards Board (ISSB) are planning to hold a series of webinars on corporate reporting. The series, which commences on 24 January, will offer a deep dive into the ISSB proposed standards and will consist of three parts as follows. Part 1: Better information for better decisions—Introduction to investor-focused sustainability disclosure Part 2: Any size or stage—Getting started on climate disclosure Part 3: Connectivity and controls—the path to investor-grade disclosure The FRC held a webinar on 19 January setting out the proposals contained in FRED 82 Draft amendments to FRS 102 The Financial reporting Standard applicable in the UK and Republic of Ireland and other FRSs – Periodic Review. Auditing A new publication from Accountancy Europe builds on the factsheet published last year and offers constructive recommendations based on the discussions with their members’ audit experts as well as external stakeholders involved in developing AQI initiatives in their respective jurisdictions. Sustainability The IDA in Ireland has issued its monthly e-zine which you can click here to read. It includes a report of ‘green talent’ on the rise and seven offshore renewables projects given a boost by the Irish Government. Insolvency In December 2022, the Bankruptcy Master for Northern Ireland advised that the restriction on filing new creditors' winding up petitions is likely to be lifted in the new term. The court has advised that further information will be issued in advance of the new guidance. The court noted that lifting the restrictions may bring about some logistical challenges which is further hampered by the absence of the new proposed Insolvency (Amendment) Rules (Northern Ireland) 2022 and has encouraged a collaborative approach between all practitioners and the court. 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. Other Areas of Interest The Irish Dept of Enterprise Trade and Employment (DETE) recently published its January 2023 Enterprise newsletter. It includes information on topics such as the webinar DETE are hosting on Thursday 26 January 2022 between 10am - 12pm to explain the new Corporate Sustainability Reporting Directive and accompanying standards in more detail. It also includes information on tariff suspension/quota schemes with the deadline for applications at 5.30pm on Tuesday, 31 January 2023. It also gives information on changes to the employment permit system to address skills shortages in Ireland’s Dairy, Transport and Home Care sectors. DETE has advertised that there will be presentations from the officials heading up the transposition of the directive within the Department of Enterprise, Trade & Employment, the European Financial Reporting Advisory Group (EFRAG) and the EU Commission on the day of the webinar. The Irish government has recently published its legislation programme for Spring 2023. Click here for the press release and to access the spring legislative programme. Some particular items of interest are as follows: In the programme pre legislative scrutiny has taken place on the Charities (Amendment) Bill and it is now on the priority publication list. There is a heads in preparation of an Equality Acts (Amendment) Bill 2023 stated to make provision for proposed amendments to the equality legislation arising from the review of the Equality Acts. Readers may recall previous government agenda where a limited partnership Bill was proposed to modernise the Limited Partnership Act 1907.In the spring 2023 programme there is a heads in preparation of a Miscellaneous Provisions (Transparency and Registration of Limited Partnerships and Business Names) Bill 2023. This is stated to be to 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. The Co-operative Societies bill is on the agenda as heads in preparation. Readers may recall that earlier this year, the Institute, as part of CCAB-I, responded to a public consultation from the Dept of Enterprise, Trade and Employment on new legislation for the co-operative sector and in November 2022 we brought you a news item that the Government had approved the drafting of what is billed as ground-breaking legislation for the sector. Here is the link to page giving details of the General Scheme of the Co-operative Societies Bill 2022. On this quarter’s legislative agenda work is still underway on the Companies (Administrative, Governance & Insolvency Amendment) Bill and it is stated to give effect to outstanding Programme for Government commitments on rights of workers as creditors; trading entities splitting operations; and transactional avoidance. One last bill which might be of interest is the Licencing of Construction Activity Bill which is stated to be to provide for the establishment of a statutory licensing system for construction and related activities. The Dept of Justice has recently published its 2021 Annual Report. They report that publication of  a Justice Climate Policy Statement setting out how the justice sector will reach its ambitious climate and energy efficiency targets, including by the adoption of green public procurement has been carried over to Justice Plan 2022. On the anti-money laundering front it is reported for example that 2021 inspections comprised 106 inspections of High Value Goods Dealers; 138 inspections of Trust or Company Service Providers; 23 inspections of notaries; 8 inspections of gambling providers and 5 inspections of Tax Advisors/ External Accountants. For further technical information and updates please visit the Technical Hub on the Institute website.

In developments this week, the International Auditing and Assurance Standards Board (IAASB) has issued a public consultation for its 2024-2027 proposed strategy and work plan; the Department of Enterprise Trade and Employment has announced that it will hold a webinar on 26 January 2023 (10am-12pm) to inform stakeholders of the new requirements and standards in the Corporate Sustainability Reporting Directive and accompanying standards. Read more on these and other developments that may be of interest to members below. Financial Reporting The FRC are holding a webinar on 19 January on its recently released Exposure Draft “FRED 82”, which sets out the FRC’s Draft amendments to FRS 102 proposed as part of the periodic review of the standard. In its recently released Exposure Draft, the IASB has proposed a temporary exception in relation to accounting for deferred tax arising from the implementation of the OECD Pillar Two model rules. Comments are requested by the IASB by 10 March 2023. The UK Endorsement Board (UKEB) has published a Draft Endorsement Criteria Assessment (DECA) 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. These amendments add requirements explaining how a seller-lessee subsequently accounts for sale and leaseback transactions with variable lease payments that do not depend on an index or rate. Auditing The International Auditing and Assurance Standards Board (IAASB) has issued a public consultation for its 2024-2027 proposed strategy and work plan. The strategy seeks to accelerate the actions originally laid out in the 2020-2023 strategy with a focus on standard setting that supports the performance of high-quality audit and assurance engagements. Sustainability In its latest podcast, the International Sustainability Standards Board (ISSB) discuss recent decisions and discussions from the ISSB meeting in December. The Department of Enterprise Trade and Employment (DETE) has announced that it will hold a webinar on 26 January 2023 (10am-12pm) to inform stakeholders of the new requirements and standards in the Corporate Sustainability Reporting Directive and accompanying standards. DETE also says that a public consultation will be launched seeking views to inform Ireland’s transposition of the discretionary options of the Directive into national law. While acknowledging that it is a US report, in the light of ongoing developments in sustainability, readers might be interested in the Climate Action Report released by the Board of Governors of the Federal Reserve System recently. This report reviews the climate action plans of global systemically important banks (“G-SIBs”) and summarizes the progress they are making toward achieving them. Click here to access the website of Board of Governors of the Federal Reserve System and here to access the full paper. An abstract from the report states that despite some progress by large global banks to address climate change considerations, much work lies ahead to properly measure and disclose climate-related risks, and to better align financing activities with their net-zero targets. 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. Under the Joint Insolvency Committee’s (JIC’s) strategic work plan, Statements of Insolvency Practice (SIPs) are subject to periodic review in order to ensure they remain relevant to changing legislation and market conditions. Following consultations with the profession and other stakeholders, including the Insolvency Service, HMRC and major creditor representatives, a revised version of SIP 3.1 – Individual Voluntary Arrangements has now been approved by the JIC and the Recognised Professional Bodies for implementation with effect from 1 March 2023.  The revised SIP 3.1 applies in Northern Ireland, England and Wales. Other Areas of Interest The Competition and Consumer Protection Commission (CCPC) recently published its Mergers & Acquisitions Report 2022 which includes statistics on the number of mergers and acquisitions notified and decided in 2022. There was a 16% decrease in notified mergers from 2021 and one proposed acquisition was prohibited. In the case of the proposed banking transaction Bank of Ireland /KBC, the CCPC imposed a commitment on Bank of Ireland of the provision of one billion euro to non-bank lenders to support competitive developments in the mortgage market. In publishing its banking decisions, the CCPC says that it took the opportunity to raise concerns in relation to the overall competitiveness of the banking sector in Ireland and has continued to engage with the Department of Finance and the Central Bank on these matters. Readers can access a copy of the Mergers & Acquisitions report here. For further technical information and updates please visit the Technical Hub on the Institute website.    

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.