e-Brief Summary

With effect from June 29 2009, Revenue will launch its new National Excise Licence Office. This development will reduce the administrative burden associated with Excise Licence obligations, as considerable streamlining will be applied to the Excise Duty Licence application and renewal process.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-392009.html

The Frequently Asked Questions sections in relation to "Qualifying Disclosure" and "Third Party Reporting" contain further Q & As.

http://www.revenue.ie/en/practitioner/investigations/trusts/faqs-third-party.html

New rules for certain property transactions involving waivers of exemption came into effect on 3 June 2009. These new rules ensure that the VAT consequences of the sale, disposal or ending of a landlord’s interest in a property, which was subject to a waiver of exemption, are not deferred indefinitely.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-372009.html

This e-Brief details that section 766 (7A) and 766A(7) TCA 1997 ensures that any excess amount of the tax credit, which is payable by the Revenue Commissioners, shall not be treated as income of the company for any tax purpose. In addition Revenue now confirms that where a company accounts for the R&D tax credit through profit or loss before tax, the tax credit will not be regarded as taxable income of that company or another company to which the credit has been surrendered.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-362009.html

This e-Brief details that section 766 (7A) and 766A(7) TCA 1997 ensures that any excess amount of the tax credit, which is payable by the Revenue Commissioners, shall not be treated as income of the company for any tax purpose. In addition Revenue now confirms that where a company accounts for the R&D tax credit through profit or loss before tax, the tax credit will not be regarded as taxable income of that company or another company to which the credit has been surrendered.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-362009.html

http://www.revenue.ie/en/practitioner/ebrief/2009/no-352009.html

http://www.revenue.ie/en/practitioner/ebrief/2009/no-342009.html

http://www.revenue.ie/en/practitioner/ebrief/2009/no-332009.html

This eBrief is to notify practitioners that a new Part 3 of the Finance Act 2009 contains a number of provisions relating to transitional VAT on Property rules for waivers of exemption, which will amend Sections 7 and 7B of the Value-Added Tax Act 1972. The effect of the amendments is be to ensure that the VAT consequences of the sale, disposal or ending of a landlord's interest in a property, which was subject to a waiver of exemption, are not deferred indefinitely.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-332009.html

This e-Brief reminds practitioners that Regulation 23 of the Value Added Tax Regulations 2006 imposes a time limit for claims from unregistered foreign traders. The time limit is 6 months following the end of the calendar year in which the tax became chargeable. Accordingly, claims for repayment for the year ended 31 December 2008 must be received by Revenue no later than 30 June 2009.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-322009.html

Section 20 of the Finance Bill 2009, as published, introduces the stamp duty 'trade-in' scheme announced by the Minister for Finance in his Supplementary Budget on 7 April 2009. Details of the scheme are contained in a new section 83C, which is being inserted into the Stamp Duties Consolidation Act 1999.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-312009.html

In eBrief 65/07 Revenue announced that practitioners could access online services for their PAYE clients, provided that the client was included on their client list under PAYE. Further information is included in this e-Brief.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-302009.html

http://www.revenue.ie/en/practitioner/ebrief/2009/no-282009.html

In order to facilitate return compliance requirements under section 896A of the Taxes Consolidation Act 1997 in relation to settlements involving non-resident trustees, the time limits for delivery of returns are extended.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-292009.html

This e-Brief provided a link to the transitional measures relating to the waiver of exemption on the supply of immovable goods as published in Chapter 7b of the VAT Manual.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-272009.html

http://www.revenue.ie/en/practitioner/investigations/trusts/index.html

This e-brief advised practitioners that Tax Briefing issue 71 is now available on the Revenue website. This issue of the tax briefing addresses the following topics: Research and Development (R&D) tax credit Revenue On-line Service (ROS) and PAYE Anytime Stamp Duty Audit: Owner/Occupier Relief Rent Pooling Third Party Returns: Settlements Involving Non-Resident Trustees Revenue Investigation into Trusts and Offshore Structures Employees' Motoring & Subsistence Expenses Relevant Contracts Tax (RCT) Changes To The VAT Information Exchange System (VIES) Review of practices relating to the Approved Profit Sharing Scheme (APSS)

http://www.revenue.ie/en/practitioner/ebrief/2009/no-252009.html

This e-Brief advised practitioners that Revenue was aware that Preliminary Tax Reminder Notices issued in error where a Nil Preliminary Tax Declaration for Income Tax for the year 2008 was made through ROS. Practitioners were advised to ignore these reminders in such instances.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-242009.html

This e-Brief advised practitioners that guidelines outlining the changes made to the civil penalty regime and to the criteria for publication of defaulters in the Finance (No. 2) Act 2008 and explaining their effect on the Code of Practice for Revenue Auditors (2002) are available on the Revenue website.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-232009.html

This e-Brief advised practitioners that a guide to the air travel tax (ATT) introduced in section 55 of the Finance (No.2) Act 2008 is now available on the Revenue website.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-222009.html

This e-Brief advises practitioners that with effect from the 1st January 2009, the trustees of approved profit sharing schemes and approved employee share ownership trusts and companies operating approved share options schemes (SAYE schemes and Approved Share Option Schemes) are obliged to automatically file returns of information in respect of all such schemes. This e-Brief also advises the original filing and extended filing dates for: Returns of Information for Employee Share Schemes Returns of information for Convertible Securities awarded to its directors and employees Returns of information for restricted and forfeitable shares awarded to directors and employees

http://www.revenue.ie/en/practitioner/ebrief/2009/no-212009.html

This e-Brief announced that a Revenue inspection into Trusts and Offshore Structures will commence on 1 September 2009. Persons with undeclared tax liabilities in respect of these trusts and structures may avail of the benefits of qualifying disclosure by: Delivering a Notice of Intention on or before 1 September 2009 and Disclosing and Paying the undeclared liabilities on or before 31 October 2009. Persons who are already under enquiry or who come within certain excluded categories are precluded from making a qualifying disclosure.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-202009.html

This e-Brief advised ROS users of the planned downtime to allow for an upgrade to the service. It also advised that subsequent to this ROS upgrade it will be necessary to use the new version of the P35 when filing a 2009 P35.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-192009.html

This e-Brief advised of the migration of the Corporation Tax Assessing System into Revenue's Integrated Taxation System and outlined the benefits of same.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-182009.html

This e-Brief advised practitioners of the new preliminary corporation tax rules introduced in Finance (No.2) Act 2008 for companies with a corporation tax liability of more than €200,000 for the preceding 12 month accounting period. The new rules have effect for accounting periods (of more than 7 months duration) which commence on or after 14th October 2008. The preliminary corporation tax rules for company's with a corporation tax liability of less than €200,000 in the preceding 12 month accounting period remains unchanged.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-172009.html

This e-Brief advised that where taxpayers file the 2008 Form 11 return and make the appropriate payment through ROS for both preliminary tax 2009 and the balance of income tax due for 2008, the due date is extended to Monday 16 November 2009.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-162009.html

This e-Brief provides the new contact details of the Central Repayments Office and Registrations Section following their relocation. A new Revenue Information office, including a Vehicle Registration office also opened at the new location.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-152009.html

TThis e-Brief reminds practitioners that the deadline for submitting the information in order to convert a protective Research and Development (R&D) tax credit claim to a valid claim is 30 April 2009. It also advises that Revenue's Guidelines on the R&D Tax Credit regime have been updated to reflect recent changes.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-142009.html

This e-Brief advised practitioners of the publication of a VAT information leaflet on Liquidators and Receivers and an updated VAT information leaflet on State Procurement.

Both leaflets are available from www.revenue.ie

http://www.revenue.ie/en/practitioner/ebrief/2009/no-132009.html

This e-Brief advised practitioners of the following ROS updates:

http://www.revenue.ie/en/practitioner/ebrief/2009/no-122009.html

This e-Brief provided the new contact details of the Financial Services Pension Unit following its relocation.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-112009.html

This e-Brief confirms the general extension to existing deadlines for filing returns and paying tax where the customers both PAY & FILE electronically whether voluntarily or under the new mandatory regime. The existing time limits have been extended to the 23rd of the month for the following returns and payments:

Corporation Tax – Preliminary Tax, Annual CT1 Return and Balancing Payment
Relevant Contracts Tax – Monthly RCT 30 Return, Annual Form RCT 35 and RCT due
Value Added Tax – VAT 3 Return, Annual Return of Trading Details (RTD) and VAT due
Employer PAYE/PRSI – Monthly Form P30, Annual Form P35 and PAYE/PRSI due

To avail of the extended time limits both the payment and return must be processed via ROS.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-102009.html

The purpose of this e-Brief is to draw attention to the rules which are set out in the Revenue leaflet on invoicing and to emphasise a number of those rules to ensure the correct application of VAT reverse charge within the construction industry. should account for VAT if the payment is made on or after 1 September 2008. Where this situation arises the sub-contractor should issue a credit note and make the adjustment in the relevant VAT return.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-092009.html

This e-Brief advised of the average market mid-closing exchange rates of the following currencies v the euro in the years 2005 - 2008:

http://www.revenue.ie/en/practitioner/ebrief/2009/no-082009.html

This e-Brief advised principal contractors of the following Relevant Contracts Tax (RCT) issues:

A delay arose in the issue of the Form RCT 35 2008 to principal contractors who do not file their RCT 35 using the Revenue On-Line Service (ROS).
The filing deadline for the RCT 35 was extended from 15 February 2009 to 27 February 2009.
Revenue stated it is pursuing a compliance programme where RCT 35 non-filer offences are referred for prosecution under section Section 1078, Taxes Consolidation Act 1997.
Important points to note when completing the Form RCT 35.
If when completing the RCT 35 principals find instances where a payment was made gross to a subcontractor where RCT should have been deducted then the principal should regularise their position immediately by way of a disclosure to Revenue. Where such a situation is exceptional and regularised by 27 March 2009 Revenue will not seek to collect the tax, interest or taxgeared penalties. However, a fixed penalty of €950 (€3,000 post 24 December 2008) will apply in such an event, to each exception.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-042009.html

This e-Brief reminds practitioners that section 87 of the Finance (No. 2) Act 2008 exempts any instrument executed on or after 24 December 2008 which transfers stock or marketable securities on sale where the amount or value of the consideration is €1,000 or less, from stamp duty.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-072009.html

This e-Brief advises practitioners that section 70 of the Finance (No. 2) Act 2008 introduces a new subsection (6) into section 7B of the VAT Act 1972 (as amended). This new provision assists the tax payer in determining when the VAT on a waiver cancellation adjustment is payable.  This occurs where a landlord who has a letting of less than ten years with a waiver in place to a connected tenant becomes a member of a VAT group (where the tenant is a member of that group) on or after 1 July 2008. The new section states the rules for the following two separate scenarios:

Where the landlord enters the group between 1 July 2008 and 24 December 2008, a waiver cancellation is triggered and the group remitter is liable to pay the tax due in the Nov/Dec VAT3.
Where the landlord enters the group after 24 December, a waiver cancellation adjustment is triggered and the group remitter is liable to pay the tax due in the VAT period in which the landlord enters the group.

This rule does not apply where the tenant is entitled to deduct at least 90% of the tax chargeable on the rent. This e-Brief also sets out the conditions which must be met for Revenue to accept an application by the landlord to leave the group and avail of the 12-year rule as provided for in section  7B(4) VAT Act 1972.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-062009.html

This e-Brief reminded practitioners that an instrument must be stamped within 30 days of the date of its execution without incurring interest and penalties, while an instrument stamped after this period requires that statutory interest and a fixed penalty of €25 accompany the payment of the unpaid stamp duty. A surcharge penalty is also payable with these amounts and the varying surcharge thresholds are set out in this e-Brief.

The e-Brief also sets out the details of the stamp duty ‘amnesty’ i.e. the remission of the fixed penalty of €25 and the surcharge penalty (but not interest) on late stamping of instruments executed before 24 December 2008, where such instruments are delivered to Revenue by 17 February 2009 and the duty plus interest is paid by that date.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-052009.html

This e-Brief reminds practitioners that the Finance (No.2) Act 2008 provides that, for the tax year 2009 and subsequent tax years, an individual shall be deemed to be present in the State for a day if the individual is present in the State at any time during that day. Previously, it was necessary for the individual to be present in the State at the end of the day in order for that day to count for tax residence purposes.

This e-brief also sets out exceptions to the above rule which Revenue will apply in practice relating to;

1. Individuals in Transit,
2. Force Majeure’ Circumstances,
3. Double Residence Situations – Tax Treaty Countries.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-032009.htm

Practitioners were advised in this e-Brief of the specific information to be supplied by 30 April 2009 in order to convert a research and development protective claim into a valid claim.

http://www.revenue.ie/en/practitioner/ebrief/2009/no-022009.html

This e-brief simply advised practitioners that Tax Briefing issue 71 is now available on the Revenue website.

This issue of the tax briefing addresses the following topics:

Capital Allowances for Energy-Efficient Equipment
VAT Treatment of Factoring and Invoice Discounting
Salary Sacrifice
Finance (No.2) Act 2008 - Notes on some aspects:
Air Travel Tax
Research and Development
Stamp Duty - Late Stamping Instruments
Tax and Duty Civil Penalties

http://www.revenue.ie/en/practitioner/ebrief/2009/no-012009.html

This e-Brief advised that a new VAT on Property Guide is now available on the Revenue Website.  This is an important guide given the changes in the VAT treatment of property transactions.

http://www.revenue.ie/ebrief/ebrief22_08.htm