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Tax RoI
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Updated guidelines and statistics for the Temporary Business Energy Support Scheme

Revenue has updated the guidelines on the Temporary Business Energy Support Scheme (TBESS) with additional information following queries received by businesses wishing to avail of the scheme. A summary of the changes is outlined in the “What’s new” page at the beginning of the guidelines. Preliminary statistics published last week by Revenue show that there are 8,849 businesses currently registered with Revenue for TBESS, with €5.9 million paid in respect of 2,984 approved claims valued €6.64 million. Over one third of the claims for TBESS came from the wholesale and retail sector, with nearly another third of claims from the accommodation and food services sector. Read the complete statistics here.

Jan 09, 2023
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R&D Tax Credit: Appointment of experts to assist in audits

Revenue has launched the e-tender process to establish the 2022/23 panel of experts who may be called upon to assist review claims for the Research & Development Tax Credit. The link to the 2022/23 e-tender application process is included in the updated Tax and Duty Manual under the footnote on page 2 and can be accessed here.

Jan 09, 2023
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Farm Safety Equipment Accelerated Capital Allowances manual

Revenue has created a Tax and Duty Manual to provide guidance on the operation of the Accelerated Capital Allowances for Farm Safety Equipment scheme available under section 285D TCA 1997. Section 285D TCA 1997 provides for a scheme of accelerated capital allowances for capital expenditure incurred, on certain farm safety equipment, by a person carrying on a trade of farming. The expenditure must be incurred in the period 1 January 2021 to 31 December 2023 and the Minister for Agriculture, Food and the Marine must certify the expenditure. Once certified, the expenditure can be written off at a rate of 50 percent per annum over two years. The scheme is subject to an overall annual budget of €5 million (excluding VAT). Additionally, there is a limit of €500,000 on the total amount of relief that can be granted to any person under this scheme.

Jan 09, 2023
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2022 Exchequer returns: Tax revenues of €83.1 billion recorded

Exchequer figures for 2022 show tax revenues increased by 22 percent relative to 2021 with €83.1 billion collected in total – the highest ever tax take. Contributing to this were income tax receipts of €30.7 billion (15 percent higher than 2021, and consistent with the strong post-pandemic recovery in employment), corporation tax receipts of €22.6 billion (a 50 percent increase on 2021), and VAT receipts of €18.6 billion (up 20 percent on last year). An Exchequer surplus of €5 billion was recorded to end-December 2022. This compares with a deficit of €7.4 billion in 2021 and the improvement reflects the significant increases in tax revenue and decline in Covid-related public expenditure. For the first time ever last year, corporation tax receipts were the State’s second-largest income stream. However, a significant part of this income is expected to be once-off in nature. It is also notable that the corporation tax figures for December were below levels expected by the Department of Finance. Commenting on the figures, Minister for Finance, Michael McGrath said: “The end-2022 Exchequer figures show a large headline surplus was recorded last year. This reflects a number of factors, including robust income tax and VAT receipts, both of which reflect the strength of the post-pandemic recovery in demand and employment. The phasing out of Covid-related expenditure is another reason for the surplus last year. By far the most important factor behind the headline surplus is the strength of corporation tax revenue – receipts from this source have doubled since just before the pandemic. My Department estimates that around half of these receipts are potentially at risk – if these receipts were excluded, we would instead be facing a significant deficit. That is why Government has acted to mitigate this vulnerability by transferring part of this windfall to the National Reserve Fund to rebuild our fiscal resources. It is also important to stress that today’s figures are, of course, backward looking. They do not offer a guide as to the challenges that we will have to address going forward. Keeping the public finances on a sustainable trajectory puts us in the best position to meet these future challenges. That is what this Government will continue to do.” Further details are included in the Fiscal Monitor December 2022.

Jan 09, 2023
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Revenue publishes headline results for 2022

Revenue recently published preliminary results for 2022 which provides data on tax and duty collected, compliance rates, the yield from interventions along with details of assistance provided under critical government support schemes.   Revenue collected €62.2 billion in taxes and duties and over €22.3 billion on behalf of other government departments, agencies, and EU Member States.  Timely compliance rates by Irish taxpayers for 2022 remains strong with 98 percent compliance by taxpayers in Revenue’s Large Cases and 96 percent in Medium Cases Divisions and compliance at a rate of 86 percent in other divisions of Revenue.  Revenue conducted risk management interventions generating €813 million. Revenue also secured 9 convictions for serious tax evasion and fraud, published 53 tax settlements in the List of Tax Defaulters and settled 104 tax avoidance cases yielding €16.1 million. Revenue oversaw the payment of €806.6 million under the Employment Wage Subsidy Scheme to 23,330 eligible employers in respect of 327,242 employees. The Temporary Business Energy Support Scheme has paid claims of €5.9 million to 2,984 businesses in its short time of operation. More than 70,000 businesses and individuals are availing of the Debt Warehousing Scheme in respect of just over €2.48 billion of tax debt. For more details on Revenue preliminary results for 2022 see Revenue’s press release.

Jan 09, 2023
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Payments received under the Basic Income for the Arts Pilot Scheme

Revenue has published a Tax and Duty Manual clarifying the tax treatment of payments received under the Basic Income for the Arts (BIA) pilot scheme launched in April 2022. Individuals who qualify for the scheme receive a payment of €325 per week. The scheme is administered by the Department of Tourism, Culture, Arts, Gaeltacht, Sports and Media and is open to eligible artists and creative arts workers.

Jan 09, 2023
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Technical Roundup 6 January 2023

Welcome to this week’s Technical Roundup.  In developments this week, the European Financial Reporting Advisory Group (EFRAG) is seeking comments on its draft endorsement advice on amendments to IAS 1; IAASA has published its key messages for auditors in the area of related parties, the Irish Government in recent weeks launched its Climate Action Plan 2023; the Irish Corporate Enforcement Authority has this week published an Information Note on the topic of Early Warning Tools and Restructuring Frameworks. Read more on these and other developments that may be of interest to members below. Financial Reporting The European Financial Reporting Advisory Group (EFRAG) is seeking comments on its draft endorsement advice on amendments to IAS 1. Comments are requested by 1 March 2023. EFRAG has also issued its December 2022 update. The UK Endorsement Board (UKEB) has published a Draft Endorsement Criteria Assessment 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. Comments are requested from stakeholders by 5 April 2023. The International Sustainability Standards Board (ISSB) has issued itsDecember 2022 update The International Accounting Standards Board (IASB) has issued its December 2022 IFRS for SMEs Accounting Standard Update. This includes FAQs on the proposed amendments to the IFRS for SMEs Accounting Standard and some new resources to support the ongoing consultation. The IASB has also released its December 2022 podcast and the IFRS Foundation has released its monthly news summary. Auditing IAASA has published its key messages for auditors in the area of related parties, and IAASA’s YouTube channel also now includes a video that shares questions asked by IAASA’s audit inspectors during 2022 in the area of related parties. IAASA’s new video provides information on the revised ISA (Ireland) 315 Identifying and Assessing the Risks of Material Misstatement. ISA 315 is effective for financial periods beginning on or after 15 December 2021. The Irish Government in recent weeks launched its Climate Action Plan 2023. This sets out how Ireland will accelerate the action required to respond to the climate crisis, putting climate solutions at the centre of Ireland’s social and economic development. Some details of the plan are contained in the government press release and it is intended that an Annex to the Climate Action Plan, outlining more detail on the Plan’s actions, will be published early in 2023. The European Commission recently published two draft notices containing FAQs relating to the Taxonomy Climate Delegated Act and the Taxonomy Regulation. The first Draft Commission Notice is regarding the interpretation and implementation of certain legal provisions of the EU Taxonomy Climate Delegated Act establishing technical screening criteria for economic activities that contribute substantially to climate change mitigation or climate change adaptation and do no significant harm to other environmental objective. The second Draft Commission Notice relates to the interpretation and implementation of certain legal provisions of the Disclosures Delegated Act under Article 8 of EU Taxonomy Regulation on the reporting of taxonomy-eligible and taxonomy-aligned economic activities and assets (second Commission Notice). Insolvency The Irish Corporate Enforcement Authority has this week published an Information Note on the topic of Early Warning Tools and Restructuring Frameworks. The CEA states that the purpose of the document is to provide assistance to company directors in understanding certain aspects of the European Union (Preventive Restructuring) Regulations 2022. Specifically, the Information Note has been prepared with a view to assisting company directors to understand the importance of maintaining adequate accounting records, what is meant by a company being in financial difficulty, being unable to pay its debts and being insolvent respectively, specific aspects of company directors’ duties where a company is in financial difficulty, and the potential consequences of non-compliance with company directors’ duties. You can read the CEA news item on the Information Note here, the Information Note can be accessed here and a feedback statement from the CEA on the public consultation can also be accessed. Readers’ attention is drawn to a recent high court case from late 2022, in the matter of Spencer Dock Development Company Limited (in liquidation). In the case the High court initially refused to approve payment of fees to a company in which the official liquidator had an interest, but which company was a third party. The court discussed the liquidator as a fiduciary and the role of trust of the liquidator. The court also noted that the main creditor in the liquidation was NAMA which the taxpayer funds and the court referred to its obligation to have regard to the interests of the taxpayer. Subsequently the fee was revised and all payable to the liquidators and the court approved this. Anti-money laundering, economic crime, cyber security The European Banking Authority issued its 9th AML/CFT Newsletter in recent weeks. It contains information which might be of interest. For example, on EuReCA, the European Reporting system for AML/CFT material weaknesses launched in January of last year. Also, information on the publication of final Remote Customer Onboarding Guidelines in November 2022, a consultation on Guidelines to tackle de-risking and the publication of its 2022 Risk Assessment Report. Read the full newsletter at the above link. The National Crime Authority in the UK has in recent weeks issued its December edition of SARs in Action. The publication contains interesting information including case studies on SARs and a listing of red flag indicators for the crime of sexual exploitation. In recent weeks HM Treasury in the UK published its Anti-money laundering and countering the financing of terrorism: Supervision Report 2020-22. The report covers a number of matters which may be of interest including a listing at section 3.53 of the most common AML breaches identified by the accountancy and legal Professional Body supervisors during the reporting periods. These include inadequate documented policies and procedures and inadequate resource allocated to AML compliance. Sanctions Readers’ attention is drawn to some news items which may be of interest on sanctions since our last publication of round up in mid-December 2022. The European Union issued its ninth package of sanctions against Russia on 16 December 2022. It includes the imposition of export controls and restrictions, restrictions in the banking sector, restrictions in the broadcasting sector, restrictions in consulting services, energy and mining sectors, restrictions on EU nationals holding posts on governing bodies of Russian state owned or controlled legal persons entities or bodies located in Russia. It also added to the individuals and entities the assets of which are frozen. Our sanctions webpage has been updated with some links and information on the ninth package of sanctions. In our last round up we reported on the Central Bank’s update of its sanctions webpage with an infographic and financial sanctions FAQs. CBI has now helpfully provided a direct link to the European Union's guidance on guidance on Best Practices referred to in one of the sanctions FAQs. On December 20th we reported on the UK auditing ban which was announced in September 2022 and brought into legislative force on December 16, 2022. We also updated our news item from July 2022 which gave details of the UK ban on providing accounting services to Russia to take account of the audit ban which is now in place. Other areas of interest Readers are reminded of the coming into force of the Protected Disclosures (Amendment) Act 2002 from 1 Jan 2023. During 2022 Round up brought readers several news items on the passing of the Act which was signed into law in 2022 and the announcement of commencement of the Act from 1 Jan 2023. By way of reminder the new legislation will substantially amend the Protected Disclosures Act 2014, expanding the categories of protected person to include protections for volunteers, shareholders, board members and job applicants for the first time. It also expands the wrongs in respect of which a protected disclosure can be made and imposes requirements on organisations to put internal whistleblowing procedures in place. It also provides for a new Office of the Protected Disclosures Commissioner. Access to the Central Bank of Ireland’s (CBI) Beneficial Ownership Register for Certain Finance Vehicles by members of the public has been suspended following a recent judgment by the European Court of Justice in the Luxembourg business registers case. The CBI has updated its guidance and this third version relates to Chapters 3 and 4 regarding access to the register by members of the public. The Charity Commission (England and Wales) has published an updated set of questions as it launches its new Annual Return in response to charity sector and public feedback. The Irish Pensions Authority has in recent weeks published information on the annual compliance statement (ACS) for 2022 that is provided for under the Pensions Act, 1990 as amended .The 2022 ACS must be prepared no later than 31 January 2023. The Authority will carry out sample checks and audits of trustee compliance with the obligation. The annual compliance statement form to be used can be found on the Authority’s webpage at the above link. On 16 December 2022 the Minister for Enterprise Trade & Employment transposed the EU Directive 2019/1152 on Transparent and Predictable Working Conditions by the European Union (Transparent and Predictable Working Conditions) Regulations 2022. Click here for the news item from DETE on the introduction of the regulations which for example introduce a limit to the length of probationary periods at the beginning of a job and anti-abuse legislation for zero-hour contract work. Readers are reminded of the round up article in October 2021 where we reported on the Directive including a DETE public consultation on the Directive. For further technical information and updates please visit the Technical Hub.

Jan 06, 2023
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Michael Shovelin's books roundup of 2022

Michael Shovelin is a lecturer, Council member and immediate past chair of the North West Society. He is also an avid reader, so who better to ask for book recommendations!   With Christmas fast approaching you might be looking for a gift for a colleague, client or friend. Here is a list of some of the better books on business matters from the past year. Or you might want to treat yourself. This is the ideal time of year to kick back with a good book! Here aresix recommendations from this year. Enjoy! Chums: How a Tiny Caste of Oxford Tories Took Over Britain – Simon Kuper Born in medieval houses, educated in medieval schools and universities, it comes as no surprise that Gove, Rees-Mogg, Johnson, Truss et al should forge careers in a medieval parliament. All products of the now notorious Politics, Philosophy and Economics (PPE) degree at Oxford, they struggled to conjure up a cause that would create legacies akin to Churchill and Thatcher. With no great causes left (inequality, poverty and crumbling infrastructure not being glamourous enough) they summoned the ghost of Thatcher. They hit on Brexit. Simon Kuper delivers an incisive account on what makes these guys, and it is almost all guys, tick. A must-read for the Brexit-watcher in your house. Two Hundred Years of Muddling Through: The Surprising Story of the British Economy – Duncan Weldon With the new season of Brexit well underway, we have some new characters: dishy Rishi; the prim vicar Jeremy Hunt; and a cameo from the Bree Larson of British politics, Liz Truss. In some 250 pages, you get the equivalent of the Oxford degree in PPE delivered in a clear, concise and engaging manner. This is much more than a political economy primer. The book traces the evolution of Britain’s politics and economy since the Industrial Revolution. It charts the booms and busts and the relentless decline of Great Britain after the war. The post-war years and the transformation of the economy (and politics) during the Thatcher years are particularly well discussed. The Man Who Broke Capitalism – David Gelles ‘Neutron’ Jack Welch hated the nickname. Neutron bombs killed thousands of people while leaving physical infrastructure intact. This engrossing book traces Welch’s journey to the top job at GE and the two decades of meteoric growth in earnings and market capitalisation. From $15bn to $660bn market capitalisation. This was an extraordinary story for a company that had been in existence for almost a century, before he took the reins. The methods are all detailed here. A relentless focus on cost-cutting, offshoring, outsourcing, mega deals, mass firings, earnings manipulation and creative accounting. Hundreds of thousands of jobs destroyed, communities gutted, a toxic culture of ‘rank and yank’ and the hollowing out of once-great American icons. What is most compelling is the creation of a clone army of mini-Jacks who learnt at the knees of the great guru and wreaked havoc across the world. When McKinsey Comes to Town – Walt Bogdanich & Michael Forsythe This is an epic tale of hubris, arrogance, deceit and destruction. Once again, we meet the so-called ‘smartest guys in the room’ with all the answers for everything from regulating healthcare, implementing Trump’s immigration policies, defence contracting to advising foreign governments. They trumpet their mission, values, purpose and ethics. The reality is much different. This is a shocking indictment of yet another so-called ‘professional services firm’. While the concept of conflicts of interest should be easily understood, particularly to those with degrees from the finest Ivy League universities, it is clear that McKinsey operates on both sides of a deal. The Chinese walls are thinner than a Celtic tiger era apartment. Their role in advising big pharma as to how better to market opioids is just one of a litany of standout scandals. And the fees charged are eye watering. Butler to the World: How Britain Became the Servant of Tycoons, Tax Dodgers, Kleptocrats and Criminals – Oliver Bullough Following on from his best-selling Moneyland, Bullough delves deep into the murky and shady world of those who enable, collaborate, lobby and ease the entry of some of the world’s least savoury characters into polite society. Whatever remained of Britain’s shabby and threadbare post-colonial reputation is completely shredded here. Everything’s for sale in the scramble to legitimise the images of some of the most malevolent crooks in the world today. While the usual culprits from the world of law, accounting, estate agents and wealth advisers are here, Bullough identifies many others who are complicit. From art gallery owners to principal’s of select private schools, ‘all the devils are here’. Power Failure: The Rise and Fall of General Electric – William D Cohan Cohan’s epic Money & Power: How Goldman Sachs Came to Rule the World is still the definitive template for how to write a company biography. This will surely replace it. This 816-page epic reads like a fast-paced thriller. For all of the 20th century, no other company was so emblematic of American corporate success as GE, (okay, possibly Ford or IBM). Founded by Thomas Edison, GE expanded its operations modestly from the late nineteenth century. However, the arrival of Jack Welch as CEO in 1980 turbocharged the company’s growth and expansion like one of its famed jet engines. It’s all here, the hubris, arrogance and toxic culture that grew out of Welch’s tenure. The cracks had started appearing well before Immelt’s reign. Its demise is a tragic tale. Michael Shovelin is a Lecturer in Atlantic Technological University and Council member.

Dec 20, 2022
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FRC issues proposals to amend FRS 102

The Financial Reporting Council (FRC) has reached a significant milestone in the periodic review of its financial reporting standards with the release of FRED 82 Draft amendments to FRS 102 The Financial Reporting Standard applicable in the UK and Republic of Ireland and other FRSs. This Financial Reporting Exposure Draft (FRED) forms part of the periodic review of the standards which happens approximately every five years. The FRED is now open to consultation and comments are requested by the FRC by 30 April 2023. In March 2021, the FRC commenced the periodic review with a request for views from stakeholders. The Institute's Financial Reporting Technical Committee responded to this request with some recommendations. Some of the key points to note from the FRED are; The draft proposals include significant changes to how leases are accounted for and proposes a model similar to that of IFRS 16 Leases  and will result in many leases which were previously expensed as operating leases now being classified as "right of use assets" within fixed assets. However, given the wide range of users of FRS 102 financial statements, there are simplifications proposed which are aimed at ensuring that these accounting requirements are proportionate and cost effective to apply. There are also some proposed exemptions from the rules for some assets.  The draft proposals include a new model of revenue recognition in FRS 102 and FRS 105. This is based on the principles of IFRS 15 Revenue from Contracts with Customers and the five step model included in this standard. This aims to ensure that there will be more consistency in the reporting of Revenue and that the process for revenue recognition is clearer. The FRC have decided to defer its conclusion as to whether to align FRS 102 with the expected credit loss model of financial asset impairment in IFRS 9 Financial Instruments, but have indicated that they may revisit this when the IASB's IFRS for SMEs Accounting Standard goes through its periodic review process. The proposed effective date for the amendments is accounting periods beginning on or after 1 January 2025, with an option for early adoption. Along with the FRED, the FRC have also released some supporting documents including; FRED 82- at a glance FRED 82- Impact assessment Q&A A podcast providing an overview of the changes

Dec 16, 2022
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Technical Roundup 16 December

Welcome to this week’s Technical Roundup. In developments this week, the Central Bank of Ireland has recently updated its sanctions webpage with an infographic and financial sanctions FAQs about which you can read more including a question on whether sanctions only apply to those on the sanctions lists; the European Banking Authority (EBA) recently published its roadmap on sustainable finance which outlines its workplan on sustainable finance and Environment, Social and Governance (ESG) risks. Read more on these and other developments that may be of interest to members below. Auditing The Institute has responded to the consultation on ISA(Ireland) 600 Group audits. The FRC has launched its Audit & Assurance Sandbox, a collaborative space for approaching issues facing the audit and assurance industry, to support high quality audit and assurance work. The International Auditing and Assurance Standards Board (IAASB) has published a new fact sheet on the interactions between International Standard on Audit (ISA) 220 (Revised), which addresses quality management at the engagement level, and ISA 600 on group audits. The fact sheet highlights aspects of a group audit that may be affected by ISA 220 (Revised) and International Standard on Quality Management 1 addressing quality management at the firm level. IFAC have released an implementation tool for auditors on risk of material misstatement.  Financial Reporting The FRC has issued Draft amendments to FRS 102 The Financial reporting Standard applicable in the UK and Republic of Ireland and other FRSs – Periodic Review. FRED 82 proposes a number of changes resulting from the second periodic review of FRS 102 and other Financial Reporting Standards. The proposals include: a new model of revenue recognition in FRS 102 and FRS 105; a new model of lease accounting in FRS 102; and various other incremental improvements and clarifications. The FRED is accompanied by a consultation stage impact assessment. The FRC’s ‘What makes a Good Annual Report and Accounts’ sets out the attributes for a high-quality Annual Report and Accounts (ARA). IAASA has published its revised policy paper Publication of information regarding IAASA’s financial reporting supervision activities. This paper sets out IAASA’s policies on publication as well as the nature and extent of information to be published relating to the outcomes of its financial reporting supervision activities.  The International Accounting Standards Board (IASB) has released a webcast showing some of the main changes included in the recently released Exposure Draft on the Third edition of the IFRS for SMEs Accounting Standard. The IASB has also shared a presentation on the same topic from the World Standard Setters Conference, which was held in September. The IFRS Interpretations Committee (IFRIC) has released its November 2022 update. In his address to delegates at the 2022 EFRAG Conference entitled “Where is Corporate Reporting Going?”, Andreas Barckow, Chair of the IASB, spoke about the IASB’s relationship with EFRAG over the years as it celebrates its 21st anniversary. The UK Endorsement Board has adopted three narrow-scope amendments on 30 November 2022. These were published by the IASB in 2021 and have an effective date of 1 January 2023. The narrow-scope amendments relate to; Disclosure of Accounting Policies (Amendments to IAS 1 Presentation of Financial Statements and to IFRS Practice Statement 2 Making Materiality Judgements). Definition of Accounting Estimates (Amendments to IAS 8 Accounting Policies, Changes in Accounting Estimates and Errors). Deferred Tax related to Assets and Liabilities arising from a Single Transaction (Amendments to IAS 12 Income Taxes). The UK Endorsement Board has approved and published its Due Process Handbook. The FRC has issued FRED 81 FRS 101 Reduced Disclosure Framework 2022/23 cycle. This proposes no changes to FRS 101 in the annual review. Comments are requested by the FRC up to 28 February 2023. The FRC Lab has released its last quarterly newsletter for 2022. This issue focuses on the year-end and the annual report season, and highlights some of our work that may assist preparers in meeting the challenges ahead. The European Financial Reporting Advisory Group (EFRAG) have issued their November 2022 update. Insolvency Readers may know that for various reasons set out in the Companies Act 2014 (section 842), a court may disqualify a director. The Corporate Enforcement Authority is one entity which can initiate the procedure by way of a notice under S850. Also, the Authority can apply (under S820) for a declaration for restriction of a director.  The Minister of State at the Department of Enterprise, Trade and Employment, has recently issued new regulations effective from 9 December 2022, the Companies Act 2014 (Disqualification and Restriction Undertakings) Regulations 2022 and please click here for a useful summary from the Corporate Enforcement Authority on the purpose of the new regulations. Sustainability The European Banking Authority (EBA) recently published its roadmap on sustainable finance which outlines its workplan on sustainable finance and Environment, Social and Governance (ESG) risks. The EBA says that the roadmap explains its sequenced and comprehensive approach over the next three years to integrate ESG risks considerations in the banking framework and support the EU’s efforts to achieve the transition to a more sustainable economy. Please also click here for further information on the relevant EBA webpage and an interesting infographic on the key objectives of the roadmap. In its Joint Statement on the Corporate Sustainability Due Diligence Directive (CSDDD), Accountancy Europe has expressed its overall support for the CSDDD and have called on the EU co-legislators to strengthen certain provisions in the Directive. The International Sustainability Standards Board (ISSB) made some announcements following its meeting this week. These include an agreement on how to describe sustainability and its relationship to financial value creation, addressing natural ecosystems as it relates to climate, and the decision to consider the work of the Taskforce on Nature-related Financial Disclosures (TNFD) and other existing nature-related standards and disclosures where they relate to the information needs of investors. While initially focused on setting rules on climate-related disclosures such as carbon emissions, the ISSB said that it will create rules relating to natural ecosystems after these are published. Find out more here. Other news Law Reform Commission publishes consultation paper on liability of clubs, societies and other unincorporated associations. Submissions are invited from all interested parties on the Commission's Consultation Paper on Liability of Clubs, Societies and other Unincorporated Associations. The Financial Conduct Authority in the UK has published a document (which is not FCA guidance) containing insights from the 2021 Cyber Coordination groups.(CCGs).   You can read more on the CCG forums on this FCA webpage  and while the matters were discussed at forums in 2021 they may be of interest in highlighting  the cyber risk landscape, as well as emerging cyber risks discussed. The FCA also announced this week that it has established a new advisory committee to the FCA’s Board to work on Environmental, Social and Governance (ESG) issues. Click here to read more details and here for the committee’s terms of reference .  The Pensions Authority has published its Engagement and audit findings report for 2022. The purpose of this report is to share observations on the key findings identified during the Authority’s engagement and audit activity in 2022 which included face to face meetings with a number of larger DC and DB schemes. It is expected that all trustee boards and their advisers will consider these findings and evaluate their own practices to establish if any improvements are required. The report is available here. The Pensions Authority also brings news this week of the European Insurance and Occupational Pensions Authority (EIOPA) conclusion of its fourth European-wide stress test of IORPs (pension schemes). The 2022 exercise assessed the resilience of participating IORPs against a climate change scenario, representing the first climate stress test for IORPs in the European Economic Area. Details of the 2022 report is available here on the EIOPA website. The Irish Central Bank (CBI ) has recently updated its sanctions webpage with an infographic and financial sanctions FAQs about which you can read more here including a question on whether sanctions only apply to those on the sanctions lists? In the answer CBI says that where you identify that a sanctioned individual or entity owns or controls the individual/entity with whom you are transacting, you should fully assess the impact of this ownership or control. When conducting this assessment, you should refer to the EU Commission’s guidance on ownership and control. This guidance on ownership/control can be found in EU Best Practices which was updated in 2022. As previously advised, access to the Central Register of Beneficial Ownership for Companies (RBO) in Ireland was suspended for general access following a recent judgment by the European Court of Justice. The case found that the provision of the directives, whereby information on the beneficial ownership of companies incorporated within the territory of the Member States is accessible in all cases to any member of the general public, was invalid. The RBO has now been updated to allow restricted access to search the register to Designated Persons and Competent Authorities only, with very limited information being available to other parties. Further information and details on how to register as a designated person is available here. The Dept of Enterprise Trade and Employment last week issued its monthly enterprise newsletter. While many of the topics have already been brought to readers  of this bulletin click here to access the newsletter which contains information on topics such as the new entitlement to paid sick leave from 2023 , the Temporary Business Energy Support Scheme and Skills for Better Business - a new resource for SMEs. The Institute’s Professional Standards Dept (PSD) has issued its latest regulatory bulletin which you can access here. Readers attention is drawn in particular to the item on the Register of Overseas Entities (ROEs) in the UK. A critical element of the ROE regime is the requirement to verify, independently, elements such as the exercise of control. PSD warns that firms should carefully consider whether they should provide this verification work. Firms are reminded that the work required for verification under the ROE is not the same as the risk-based approach to client due diligence under the Money Laundering Regulations and PSD reminds firms that they should familiarise themselves with the differences. The bulletin also gives a link to an alert on the subject from the Accountancy AML Supervisors’ Group (AASG)  . For further technical information and updates please visit the Technical Hub on the Institute website. 

Dec 16, 2022
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Ethics and Governance
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Roadmap to Corporate Sustainability Reporting

The roadmap for the EU Commission’s milestone Corporate Sustainability Reporting Directive is taking shape and now is the time to start preparing for a brave new era in non-financial reporting, writes Conor Holland With the Corporate Sustainability Reporting Directive (CSRD) now approved by the European Council, entities in the EU must begin to invest significant time and resources in preparing for the advent of a new era in non-financial reporting, which places the public disclosure of environmental, social affairs and governance matters (ESG) matters on a par with financial information. Under the CSRD, entities will have to disclose much more sustainability-related information about their business models, strategy and supply chains than they have to date. They will also need to report ESG information in a standardised format that can be assured by an independent third party. For those charged with governance, the CSRD will bring further augmented requirements. Audit committees will need to oversee new reporting processes and monitor the effectiveness of systems and controls setup. They will also have enhanced responsibilities. Along with monitoring an entity’s ESG reporting process, and evaluating the integrity of the sustainability information reported by that entity, audit committees will need to: Monitor the effectiveness of the entity’s internal quality control and risk management systems and internal audit functions; Monitor the assurance of annual and consolidated sustainability reporting; Inform the entity’s administrative or supervisory body of the outcome of the assurance of sustainability reporting; and Review and monitor the independence of the assurance provider. The CSRD stipulates the requirement for limited assurance over the reported information. However, it also includes the option for assurance requirements to evolve to reasonable assurance at a later stage. The EU estimates that 49,000 companies across the EU will fall under the requirements of the new CSRD Directive, compared to the 11,600 companies that currently have reporting obligations. The EU has confirmed that the implementation of the CSRD will take place in three stages: 1 January 2024 for companies already subject to the non-financial reporting directive (reporting in 2025 for the financial year 2024); 1 January 2025 for large companies that are not presently subject to the non-financial reporting directive (reporting in 2026 for the financial year 2025); 1 January 2026 for listed SMEs, small and non-complex credit institutions, and captive insurance undertakings (reporting in 2027 for the financial year 2026). A large undertaking is defined as an entity that exceeds at least two of the following criteria: A net turnover of €40 million A balance sheet total of €20 million 250 employees on average over the financial year The final text of the CSRD has also set timelines for when the Commission should adopt further delegated acts on reporting standards, with 30 June 2023 set as the date by which the Commission should adopt delegated acts specifying the information that undertakings will be required to report. European Financial Reporting Advisory Group In tandem, the European Financial Reporting Advisory Group (EFRAG) is working on a first set of draft sustainability reporting standards (ESRS). These draft standards will be ready for consideration by the Commission once the Parliament and Council have agreed a legislative text. The current draft standards provide an outline as to the depth and breadth of what entities will be required to report. Significantly, the ESRS should be considered as analogous to accountancy standards—with detailed disclosure requirements (qualitative and quantitative), a conceptual framework and associated application guidance. Readers should take note—the ESRS are much more than a handful of metrics supplementary to the financial statements. They represent a step change in what corporate reporting entails, moving non-financial information toward an equilibrium with financial information. Moreover, the reporting boundaries would be based on financial statements but expanded significantly for the upstream and downstream value chain, meaning an entity would need to capture material sustainability matters that are connected to the entity by its direct or indirect business relationships, regardless of its level of control over them. While the standards and associated requirements are now largely finalised, in early November 2022, EFRAG published a revised iteration to the draft ESRS, introducing certain changes to the original draft standards. While the broad requirements and content remain largely the same, some notable changes include: Structure of the reporting areas has been aligned with TCFD (Task Force on Climate-Related Financial Disclosures) and ISSB (International Sustainability Standards Board) standards – specifically, the ESRS will be tailored around “governance”, “strategy”, “management of impacts, risks and opportunities”, and “metrics and targets”. Definition of financial materiality is now more closely aligned to ISSB standards. Impact materiality is more commensurate with the GRI (Global Reporting Initiative) definition of impact materiality. Time horizons are now just a recommendation; entities may deviate and would disclose their entity-specific time horizons used. Incorporation of one governance standard into the cross-cutting standard requirements on the reporting area of governance. Slight reduction in the number of data points required within the disclosure requirements. ESRS and international standards By adopting double materiality principles, the proposed ESRS consider a wider range of stakeholders than IFRS® Sustainability Disclosure Standards or the US Securities and Exchange Commission (SEC) published proposal. Instead, they aim to meet public policy objectives as well as meeting the needs of capital markets. It is the ISSB’s aim to create a global baseline for sustainability reporting standards that allows local standard setters to add additional requirements (building blocks), rather than face a coexistence of multiple separate frameworks. The CSRD requires EFRAG to take account of global standard-setting initiatives to the greatest extent possible. In this regard, EFRAG has published a comparison with the ISSB’s proposals and committed to joining an ISSB working group to drive global alignment. However, in the short term, entities and investors may potentially have to deal with three sets of sustainability reporting standards in setting up their reporting processes, controls, and governance. Key differences The proposed ESRS list detailed disclosure requirements for all ESG topics. The proposed IFRS Sustainability Disclosure Standards would also require disclosure in relation to all relevant ESG topics, but the ISSB has to date only prepared a detailed exposure draft on climate, asking preparers to consider general requirements and other sources of information to report on other sustainability topics. The SEC focused on climate in its recent proposal. The proposed ESRS are more prescriptive, and the number of disclosure requirements significantly exceeds those in the proposed IFRS Sustainability Disclosure Standards. Whereas the proposed IFRS Sustainability Disclosure Standards are intended to focus on the information needs of capital markets, ESRS also aim to address the policy objectives of the EU by addressing wider stakeholder needs. Given the significance of the directive—and the remaining time to get ready for it—entities should now start preparing for its implementation. It is important that entities develop plans to understand the full extent of the CSRD requirements, and the implications for their reporting infrastructure. As such, they should take some immediate steps to prepare, and consider: Performing a gap analysis—i.e. what the entity reports today, contrasted with what will be required under the CSRD. This is a useful exercise to inform entities on where resources should be directed, including how management identify sustainability-related information, and what KPIs they will be required to report on. Undertaking a ‘double materiality’ analysis to identify what topics would be considered material from an impact and financial perspective—as required under the CSRD. Get ‘assurance ready’—entities will need to be comfortable that processes and controls exist to support ESG information, and that the information can ultimately be assured. The Corporate Sustainability Reporting Directive represents a fundamental change in the nature of corporate reporting—the time to act is now and the first deadline is closing in.

Dec 02, 2022
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Management
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2022 All-Member Survey

Brendan O’Hora reports on the findings of the 2022 All-Member Survey Research is conducted to discover new information or reach a new understanding of something, so the Institute’s biennial membership survey is crucial. These have been two years of significant change, and as a membership organisation, it has never been more important for us to act on the findings in a comprehensive, targeted way for the benefit of 31,000 members globally.  The survey was conducted in May and June with over 1,800 members by independent research agency, Coyne Research. This level of participation helps us to build a very accurate picture of the member experience and is much appreciated. It allows us to make the most of this opportunity to check in with members, and to ascertain how we will respond and act on the findings.  This year, we also conducted qualitative research via eight focus groups. This exercise gave us a deeper understanding of member sentiment and reinforced that we are operating in very unusual times.  The operating environment The pandemic may be in retreat, but its effects persist. An ongoing adjustment to hybrid working, declining levels of resilience after extended periods of pressure, and changing priorities among younger members, many of whom qualified or spent their early years in a virtual environment, have had an impact. Compounding this are growing cost-of-living pressures.  The top challenge emerging from the survey for businesses was, unsurprisingly, the competition for talent, up significantly on 2020. Following this is inflationary pressure and increased labour costs. What is resonating with members  Looking at our membership as a whole, the qualification is very highly regarded and a source of great pride. The letters mean a lot to our members, and that pride also extends to the robustness and quality of the education provided.  In reviewing the findings, Bernie Coyne at Coyne Research noted that members are broadly positive about the way the Institute has responded over the last two years to the pandemic.  She said: “As in previous years, members were invited to rate a range of services, based on their experience and degree of satisfaction, with sentiment remaining consistent. Over seven in 10 members rated the webinars and online CPD options as good, with a 20 percent increase in those who experienced them since 2020. The range of specialist qualifications was also rated highly, as was Accountancy Ireland magazine, the weekly Tax News circular, and the knowledge hubs on the Institute’s website.”  The research also pointed to an increase in the number of members who have communicated with the Institute by phone and email since 2020. Roughly seven in 10 rate their experience in communicating positively. While there was strong uptake of the virtual alternatives on offer during the pandemic, there is confidence in returning to face-to-face events. Indeed, the research points to a desire, particularly among younger members, to engage and learn about how they can make their membership work for them and derive the greatest value from it.  Consistent with many of our peers globally, we have seen drops in key member metrics, such as satisfaction and relevance as well as likelihood to recommend the qualification. While, unsurprising, given these unusual times, it is an important alert for the Institute that is already prompting action.   How we are responding to the findings In a changed external environment, and armed with considerable insights, our challenge now is to reposition how we engage with members, with a particular focus on younger members at the start of their career, to optimise their experience of the profession. We are working closely with the Chartered Accountants Student Society of Ireland (CASSI) and the Young Professionals Committee in so doing.  Our members are some of the strongest advocates for the profession, and, at a time when there is a continuing shortage of qualified accountants, it is incumbent upon us to ensure the membership experience is a positive, rewarding, and relevant one for these most important advocates.  One of the ways we will be doing this in the coming weeks and months will be through a campaign to put the tools into members’ hands to make their membership work for them. It will feature real members speaking about how they’ve made the most of their membership and will be accompanied by an updated member section on the website to help users better access and understand what is available, from membership details to Continuing Professional Development, conferences, social events, and supports. Our focus is on giving more control of their experience to our members, so that this experience can be tailored and made to work for the individual.   In closing, I want to return to a theme I touched on at the outset—resilience in the face of sustained pressure. One-in-two respondents reported that COVID had a negative impact on their mental health, compared to 2020. Younger members were less likely to be aware of the Institute’s member support service CA Support, and we will be working to increase awareness of this important resource.  Brendan O'Hora is Director, Members, at Chartered Accountants Ireland

Dec 02, 2022
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