Brexit – VAT changes

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The VAT rules for goods and certain services traded with Great Britain will change from 1st January 2021.   From 1st January 2021, Northern Ireland will continue to follow the EU’s VAT rules in relation to goods. However the UK VAT rules will apply for services.  As a result, from 1st January 2021 Northern Irish VAT registered businesses will be required to follow a dual VAT regime.

 

From 1st January 2021 supplies of goods from Ireland to Great Britain will be regarded as exports while goods purchased from Great Britain and delivered into Ireland will be treated as imports.  Up to 31st December 2020 such movements are treated as intra-EU dispatches or distance sales.

 

 

What does this mean for trading between Ireland and Great Britain?

 

  1. Supplies and movement of taxable goods between Ireland and the Great Britain are subject to the Value-Added Tax rules on imports and exports.  it will no longer be possible to apply the VAT zero rate to the export of goods to Great Britain if the customer is Irish established and the customer arranges the export.

 

For imports, the postponed method of accounting for import VAT should apply to goods imported into Great Britain.  This means that import VAT will not be due at time goods are imported; instead it can be accounted for in the next VAT return. This will also apply when goods are imported from outside the EU and could result in significant cash flow savings for the importer.

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

 

Digital Games Tax Credit

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On 12th October 2021 the Irish Government announced the introduction of a Digital Games Tax Credit, i.e. a refundable Corporation Tax Credit available to digital games development companies.

 

On 21st October, Section 33 of the Finance Bill introduced section 481A TCA 1997 in relation to the new tax credit for the digital gaming sector which provides relief at a rate of 32% of the qualifying expenditure incurred in the development of digital games (i.e. the design, production and testing of a digital game) up to €25 million.

 

In other words, the credit of 32% will be on the lower of:

  1. 80% of the qualifying expenditure per project or
  2. €25 million per project

 

In order to qualify for the relief, the minimum expenditure per project is €100,000.

 

The digital gaming corporation tax credit will be available up to 31st December 2025.  

 

This credit is available to companies who are resident in Ireland, or who are EEA resident and operate in Ireland through a branch or an agency.

 

 

 

To qualify for this credit, the digital game must be issued with one of two types of Certificate from the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media:

  1. An interim certificate which is issued to companies who are in the process of developing their game or
  2. A final certificate which is issued to companies who have completed the development of their game.

 

 

A digital games development company may not make a claim for the tax credit unless it has been issued with either an interim or a final certificate.  If a company has been issued with an interim certificate, it can claim the credit within twelve months of the end of the accounting period in which the qualifying expenditure is incurred.

 

 

 

Relief will not be available for digital games produced mainly for the purposes of advertising or gambling.

 

 

A digital game development company will be required to sign an undertaking in respect of “quality employment” which is similar to the requirements contained in section 481 TCA 1997 for tax relief for investment in films.

 

 

A claimant company will not be allowed to qualify for any additional tax relief under Section 481 Film Relief or the R&D tax credit.

 

 

As the credit will require EU state aid approval, it is to be introduced subject to a commencement order.

 

 

 

For further information, please click: https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-15/15-02-07-20240422142426.pdf

 

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so.. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

EWSS Eligibility from 1st July 2021

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The Finance (Covid-19 and Miscellaneous Provisions) Bill 2021 has extended the Employment Wage Subsidy Scheme (EWSS) until 31st December 2021.  It also amended the comparison periods for determining eligibility for EWSS for pay dates from 1st July 2021.

 

The main criterion for eligibility is that employers must be able to prove that they were operating at no more than 70% of either (a) turnover or (b) customer orders received for the period 1st January to 30th June 2021 as compared with 1st January to 30th June 2019.  It must also be able to clearly demonstrate that this disruption was caused by Covid19.

 

In other words, an employer must be able to show, to the satisfaction of Revenue Commissioners, that their business is expected to suffer a 30% reduction in turnover or customer orders, which was due to Covid19.

 

Simultaneously, Revenue introduced a new requirement for employers to submit a monthly Eligibility Review Form (ERF) on ROS.  The ERF requires (a) data relating to actual monthly VAT exclusive turnover or customers order values for 2019 in addition to actual and projected figures for 2021 for all relevant businesses as well as (b) a declaration.

 

The initial submission should be made between 21st and 30th July 2021 and by 15th of every month from August onwards.

 

On 15th of every month during the operation of this scheme, employers will be required to provide the actual results for the previous month, together with a review of the original projections they provided so as to ensure they continue to remain valid.

 

The eligibility for EWSS must be reviewed on the last day of each month.  If the business is deemed ineligible, then that business must de-register for EWSS from the following day.

 

If, however, the situation changes, then the business can re-register again.

 

The following subsidy rates, based on employee’s gross pay per week, will continue to apply for the months of July, August and September 2021 as follows:

  • €400 and €1,462 gross per week, the subsidy is €350
  • €300 and €399.99 gross per week, the subsidy is €300
  • €203 and €299.99 gross per week, the subsidy is €250
  • €151.50 and €202.99 gross per week, the subsidy is €203.

 

Additional Points:

  1. EWSS support is available for Employers with a valid Tax Clearance Certificate, providing they can demonstrate that the Covid-19 Pandemic disrupted their business resulting in a reduction in their turnover or customer orders by at least 30%.
  2. Childcare businesses which have been registered in line with Section 58C of the Child Care Act 1991, are not required to meet the 30% reduction in turnover or customer order test to be eligible.
  3. As and from 1st July, 2021, the eligibility criteria for the scheme will be calculated with reference to a twelve month period, as opposed to the six month period, as before.
  4. Revenue requires employers to retain appropriate documentation, including copies of projections, to demonstrate continued eligibility over the specified period.
  5. Employers must operate normal deductions of Income Tax, USC and employee PRSI from employees’ wages/salaries on all EWSS payments through the payroll. A reduced rate of employer PRSI of 0.5% applies in relation to wages/salaries which are eligible for the subsidy payment.
  6. If an employer fails to complete and submit the EWSS Eligibility Review Form, this will result in the suspension of EWSS subsidy payments by Revenue.

 

For further information please visit: https://www.revenue.ie/en/employing-people/ewss/how-to-claim-for-employees-and-subsidy-rates.aspx 

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

Finance (Covid-19 and Miscellaneous Provisions) Bill 2021-Income Tax, Payroll Taxes, VAT

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Finance Bill – Income Tax, Corporation Tax, VAT, Employer and Payroll Taxes

 

The Finance (COVID-19 and Miscellaneous Provisions) Bill 2021 was published today.  The provisions contained in the Bill include amendments to existing supports which were announced in the Economic Recovery Plan in addition to the introduction of the Business Resumption Support Scheme.  These tax relief measures income Income Tax, Business/Corporation Tax, Employer and Payroll Taxes and VAT.

 

 

Reduced rate of VAT (9%) for the hospitality sector

Section 6 of the Bill amends section 46 VATCA 2010 to provide for the extension of the reduced 9% VAT rate until 31st August 2022 in relation to the following services:

  • Restaurant and catering services
  • Guest and holiday accommodation
  • Entertainment services to include admissions to cinemas, theatres, museums, fairgrounds, amusement park and sporting facilities
  • Hairdressing
  • The sale of certain printed matter including brochures, maps and programmes.

 

In summary, the reduced 9% VAT rate for the tourism sector has been extended from 31st December 2021 to 31st August 2022.

 

 

Employment Wage Subsidy Scheme (EWSS)

The Employment Wage Subsidy Scheme (EWSS) is a scheme that subsidises the cost of getting employees back to work.

The extension of the scheme should provide reassurance to businesses affected by the pandemic and enable them to plan for the months ahead.

 

Section 2 of the Bill amends the Employment Wage Subsidy Scheme (Section 28B of the Emergency Measures in the Public Interest (Covid-19) (No.2) Act 2020) to provide for the following changes:

  1. the extension of the Employment Wage Subsidy Scheme (EWSS) until 31st December 2021.
  2. the retention of the enhanced subsidy rates up to 30th September 2021.
  3. the retention of the qualifying criteria of a 30% reduction in turnover or customer orders threshold.
  4. An increase in the reference period to assess eligibility for the scheme from six to twelve months with effect from 1st July 2021.

This employer/payroll tax scheme requires that employers have valid tax clearance to enter the EWSS and that they maintain this tax clearance for the duration of the scheme.

 

 

Covid Restrictions Support Scheme (CRSS) 

The COVID-19 Restrictions Support Scheme (CRSS) was introduced by the Finance Act 2020.

It provided support for businesses which had to temporarily cease as a result of public health guidelines.

At such time as the affected businesses are allowed to re-open, those claimants will have to exit this scheme.

As some of those businesses will remain financially affected, the new measures introduced in the Finance (COVID-19 and Miscellaneous Provisions) Bill 2021 published today will extend the scheme. In addition, there will be an enhanced re-start payment for businesses exiting the scheme equal to up to three weeks at double rate of payment, subject to a €10,000 cap.

 

Sections 3 and 4 of the Bill amend the Covid Restrictions Support Scheme (CRSS) and provide for the extension of the specified period until 30th September 2021.

 

Section 4 of the Bill provides for the enhanced restart week payment scheme.  The level of payment a business may claim on reopening, following the restrictions, will depend on the actual date that business reopens.

  • For restart weeks between 29th April to 1st June 2021, the restart payment will equate to two weeks at double the normal CRSS rate subject to a cap of €5,000, being the maximum weekly amount.
  • For restart weeks between 2nd June to 31st December 2021, the restart payment will equate to three weeks at double the normal CRSS rate subject to a cap of €10,000, being the maximum weekly amount.
  • In all other cases, the standard rate of one week at the normal CRSS rate will apply, subject to a cap of €5,000, being the maximum weekly amount.

 

Please be aware:

  • According to Revenue’s guidelines, an eight week deadline applies to the submission of enhanced restart week payment claims.
  • A business can qualify for (a) the double restart week payment or (b) the triple restart week payment once.
  • The Minister for Finance has the power to extend this scheme to 31st December 2021 by order.

 

 

Business Resumption Support Scheme (BRSS)

Section 5 of the Bill includes a new section, section 485A TCA 1997, which makes provision for a new Business Resumption Support Scheme (BRSS)

 

The main features of the scheme are as follows:

 

  • BRSS is available for affected self-employed individuals and companies who carry on a trade, the profits from which are chargeable to Income Tax or Corporation Tax under Case I of Schedule D.
  • It is also available to persons who carry on a trade in partnership (Income Tax), and any trading activity carried on by charities and sporting bodies.
  • To qualify, businesses must be able to prove that their turnover is reduced by 75% in the reference period (i.e. 1st September 2020 to 31st August 2021) as compared with 2019 but it will be a later period if the business commenced trading on or after 26th December 2019.
  • Qualifying taxpayers will be able to claim an amount equal to three times the amount as derived by 10% of their average weekly turnover during the reference period (i.e. 1st September 2020 to 31st August 2021) up to a maximum of €20,000 and 5% thereafter subject to a cap of €15,000.
  • Please be aware that these payments will be treated as an advance credit for trading expenses.
  • If the business was set up before 26th December 2019 the claim will be calculated based on its actual average weekly turnover in the period starting on 1st January 2019. For example, if the business was established after 1st January 2019, then the claim will be based on the period from the actual commencement date up to 31st December 2019.
  • If the business was established between 26th December 2019 and 10th March 2020 the claim will be based on the actual average weekly turnover arising between the date of commencement and 15th March 2020.
  • If, however, the business activity commenced between 10th March 2020 and 26th August 2020 then the claim will be based on the actual average turnover generated between the date of commencement and 31st August 2020.
  • The individual, company or persons carrying on a partnership must have an up to date Tax Clearance Certificate in order to make a valid claim under this scheme.
  • They must also be VAT compliant.
  • They must not be entitled to make a claim under the CRSS Scheme in relation to any week that includes 1st September 2021 and the business must be actively trading, with the intention of continuing to do so.
  • Those making a claim must register on ROS and file a declaration that they satisfy the necessary conditions to avail of BRSS.
  • Please be aware that the names of BRSS claimants can be published on the Revenue’s website.

 

 

Stamp Duty measures for the cumulative purchase of ten or more residential properties

Section 13 of the Bill gives statutory effect to the Financial Resolution that was passed on 19th May 2021 and inserts section 31E in the SDCA 1999, thereby imposing a 10% stamp duty rate on the acquisition of certain residential properties (houses and duplexes but excluding  apartments) where an aggregate of ten or more units is acquired during a twelve month period by a single corporate entity or individual.

Section 14 of the Bill introduces a provision which provides for an exemption from the new 10% rate of stamp duty in situations where the residential units are leased to local authorities for certain social housing purposes.

 

 

Tax Debt Warehousing

Section 7 of the the Finance (COVID-19 and Miscellaneous Provisions) Bill 2021 inserts a new section 28D into the Emergency Measures in the Public Interest (Covid-19) Act 2020 which provides for the warehousing of EWSS overpayments received by employers.

Sections 8, 9 ,10, 11 and 12 of the Bill give effect to the extension of the Debt Warehousing Scheme for refunds of Temporary Wage Subsidy Scheme (TWSS) payments, Employer PAYE liabilities, Income Tax, VAT and PRSI:

 

This scheme will have three periods:

  • Period 1 (the “Covid-19 restricted trading phase”) will run from 1st July 2020 to 31st December 2021.
  • Period 2 (the “zero interest phase”) – will run from 1st January 2022 until 31st December 2022.  No interest will be levied on warehoused EWSS tax from Period 1.
  • Period 3 (the “reduced interest phase) –will run from 1st January 2023 until the relevant tax is repaid to Revenue. interest will be levied at a rate of 3% per annum on the Period 1 warehoused relevant tax, from 1st January 2023.

In circumstances where an employer does not meet the conditions for debt warehousing then (i) the zero interest and (ii) reduced interest rates will no longer apply.  Instead the 8% rate will be imposed.

 

In summary, the extension of the Debt Warehousing Scheme relates to refunds of Temporary Wage Subsidy Scheme (TWSS) payments, PAYE, Income Tax, VAT and PRSI.

 

 

 

For full and complete information, please follow the link: https://data.oireachtas.ie/ie/oireachtas/bill/2021/89/eng/initiated/b8921d.pdf

 

 

 

lease be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

CRO update on filing date for annual returns

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The Companies Registration Office (CRO) have announced that the 28th May filing deadline has once again been extended.  The Registrar of Companies has decided to extend the filing deadline for companies with an Annual Return Date falling on 30th September 2020 or later until Friday, 11th June 2021.

 

 

The extension of the deadline from 28th May 2021 was in recognition of difficulties being experienced when trying to file Annual Returns in the run-up to the filing deadline, which the CRO are currently working to resolve.

 

 

As you may remember, the CRO previously announced that the 26th February 2021 filing deadline was to be extended until 28th May 2021 for companies with an ARD on or after 30th September 2020. This was due to the Level 5 restrictions as well as issues experienced by Accountants and other Compliance Professionals with the new CORE system.

 

 

For further information, please click the link: https://www.cro.ie/en-ie/About-CRO/Latest-News/filing-extension?

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

TAX CLEARANCE – Businesses

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As you’re aware, a Tax Clearance Certificate is Revenue confirmation that your tax affairs are in order.  From 21st May 2021 Revenue will recommence their assessment of the tax clearance status of businesses.  Your Tax Clearance Certificate may be withdrawn or rescinded if you become non tax compliant or if your tax clearance has expired.  This relates to taxes under all headings including VAT, payroll, personal and business taxes.

 

Please be aware that this may result in the rescinding of the tax clearance status of businesses that are currently in receipt of the EWSS and/or the CRSS.  It is essential to check the status of your tax clearance as your business may becoming ineligible to receive further payments under these schemes until the compliance issues concerned are fully resolved.

 

If Revenue have contacted you to remind you of your requirement to file outstanding returns or to address other compliance issues in order to retain your tax clearance status, please make sure you do so as a matter of urgency.

 

In summary, businesses which are reliant on the EWSS and/or the CRSS should take immediate action by contacting Revenue and addressing the outstanding issues.

 

 

For further information, please click: https://www.revenue.ie/en/starting-a-business/tax-clearance/tax-clearance-under-review-refused-or-rescinded/tax-clearance-certificate-rescinded-withdrawn.aspx

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

 

Research & Development (R&D) Tax Credit – Ireland

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Research and Development (R&D) Tax Credit – Corporation Tax

 

 

Ireland’s Research and Development (R&D) tax credit system is a valuable tax based incentive, providing major benefits to both multinational companies and SMEs operating in Ireland.  The R&D tax credit was first introduced in the Finance Act 2004 and has been subject to various amendments in the subsequent Finance Acts.  The credit operates by providing up to 25% of R&D expenditure incurred by a company on qualifying R&D activities (both revenue and capital) in a tax credit or in cash (subject to certain conditions being met). This 25% tax credit can be claimed in addition to the normal 12½% revenue deduction available for the R&D expenditure.  Therefore, the total tax benefit to a limited company is 37½% being the 12½% standard corporation tax rate plus the 25% R&D Tax credit.

 

 

How can the Credit be used?

Companies are entitled to a credit of 25% of the incremental R&D expenditure incurred for periods commencing on or after 1st January 2015.

The credit can be used to:

  • Reduce the company’s corporation tax liability of the current period.  Where the credit exceeds the corporation tax liability for the current year, the excess can be carried forward indefinitely to offset against future corporation tax liabilities or
  • Reduce the corporation tax liability of the previous year i.e. the company can make a claim for the excess to be carried back or offset against the preceding period’s corporation tax liability or
  • If unused, the credit can be refunded by the tax authorities subject to certain restrictions.  The only restriction in obtaining a cash refund is that the R&D credit refund cannot exceed the PAYE/PRSI remitted by the company to Revenue in the last two years or the corporation tax liability for the prior ten years if higher.

The claim must be made within one year of the end of the accounting period in which the expenditure has been incurred.

 

Broadly,

It can alternatively be used as a key employee reward mechanism to remunerate R&D staff effectively, tax free subject to certain conditions.  The effective income tax rate for such key employees may be reduced to a minimum of 23%, provided certain conditions are met by the company and the individual.

 

 

For further information, please click:  https://www.revenue.ie/en/covid-19-information/index.aspx

 

 

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

 

 

ROS Pay and File extended deadline to 17th November 2021

 

Tax Deadline Ireland

ROS Pay and File self assessment Income Tax and Capital Acquisitions Tax (CAT) Deadline

 

 

Revenue has confirmed that the extended ROS Pay and File deadline is Wednesday, 17th November 2021.  This applies to ROS return filing and payment for self-assessment Income Tax and Capital Acquisitions Tax (CAT).  For taxpayers who don’t use ROS to file their tax return and pay their tax bill, the deadline remains 31st October 2021.

 

For self assessment Income Taxpayers who file their 2020 Form 11 Tax Return and make the appropriate payment through the Revenue Online System in relation to (i) Preliminary Tax for 2021 and/or (ii) the balance of Income Tax due for 2020, the filing date has been extended to Wednesday, 17th November 2021.

 

This extended deadline will also apply to CAT returns and appropriate payments made through ROS for beneficiaries who receive gifts and/or inheritances with valuation dates in the year ended 31st August 2021.

 

To qualify for the extension, taxpayers must pay and file through the ROS system. 

 

In situations where only one of these actions is completed through the Revenue Online System, the extension will not apply.  As a result,  both the submission of tax returns and relevant payments must be made on or before 31st October 2021.

 

The Revenue Commissioners have confirmed extended opening hours for the ROS Technical Helpdesk and Collector General’s Division in the days leading up to the ROS Pay and File deadline.

 

On 17th November (Pay & File Deadline) the phone lines of the ROS Technical Helpdesk will operate between 9am and midnight while those of the Collector General will operate from 9am until 8pm.

 

 

For further information, please click: https://www.revenue.ie/en/tax-professionals/ebrief/2021/no-0882021.aspx

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

Research and Development (R&D) Tax Credit – Updated

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Revenue published Tax and Duty Manual Part 29-02-03 – Research and Development (R&D) Tax Credit today.  These updated guidelines clarify Revenue’s treatment of rental expenditure incurred by a company.   It states that rental expenditure incurred by a company will be eligible to the extent to which is was incurred “wholly and exclusively” for the purposes of the Research and Development (R&D) activities.  This Revenue Guidance material also includes information on the treatment of subsidies received under (i) the Temporary Wage Subsidy Scheme (TWSS) and (ii) the Employment Wage Subsidy Scheme (EWSS).

 

  • The eligibility of rental expenditure incurred by a company will relate to the extent to which it is incurred wholly and exclusively in the carrying on of the R&D activities.

 

According to previous guidance material on this matter issued on 1st July 2020 Revenue’s position was that “rent is expenditure on a building or structure and is excluded from being expenditure on research and development by section 766(1)(a) TCA 1997”.

 

Since then, Revenue’s position has been the source of continuous discussion and debate with many disagreeing with Revenue’s interpretation of the treatment of rent in relation to R&D claims.

 

Clarity had been sought from Revenue with regards to their position on rent in relation to both historic and new claims for Research and Development tax relief.

 

In this latest update, Revenue has clarified that rent will qualify in such circumstances where “the expenditure is incurred wholly and exclusively in the carrying on of the R&D activities.”

 

According to Paragraph 4.2 of the updated Revenue Guidance Manual:

“In many cases expenditure incurred on renting a space or facility, which is used by a company to carry on an R&D activity, may be expenditure that is incurred “for the purposes of”, or “in connection with”, the R&D activity but will not constitute expenditure incurred wholly and exclusively in the carrying on of the R&D activity. The eligibility of rental expenditure incurred by a company will relate to the extent to which it is incurred wholly and exclusively in the carrying on of the R&D activities. Where the nature of the rented space or facility is such that it is integral to the carrying on of the R&D activity itself then it is likely that the rent can be shown to be more than merely “for the purposes of” or “in connection with” the R&D activity.”

 

 

Therefore, it is possible for rental expenditure to be included as part of an R&D tax relief claim but only where that rented building is deemed to be integral to the carrying on of R&D activities.  According to Revenue’s guidance material, an example of a rental expense that may be considered qualifying expenditure might relate to the rental of a specialized laboratory used solely for the purposes of carrying out R&D activities. This is contrasted with the rental of office space necessary to house an R&D team, but which is not deemed to be integral to the actual R&D activity.  In this case, this rent would not be treated as eligible expenditure.

 

Revenue have confirmed that this position will only apply for accounting periods commencing on or after 1st July 2020. 

 

 

Revenue’s Manual has also been updated to include:

  • Confirmation that the EWSS and TWSS are considered State support and therefore expenditure from such assistance will not qualify for relief.  In other words, such amounts will reduce the qualifying allowable expenditure or qualifying R&D tax relief expenditure.
  • The COVID-19 practice for 2020, in relation to the use of a building in a ‘specified relevant period’ under section 766A TCA 1997.
  • A further example of a subcontractor who would not be eligible to claim the R&D tax credit.

 

 

For further information, please follow the linkhttps://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-29/29-02-03.pdf

 

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.

UK Budget 2021: First Year Capital Allowances

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As part of the UK Budget 2021, the Chancellor, Rishi Sunak, has provided for two temporary first-year capital allowances: (i) the Super Deduction and (ii) the Special Rate allowance, to apply over the next two years to boost investment and productivity levels in the UK economy.  For expenditure incurred between 1st April 2021 and 31st March 2023, companies can claim a Super Deduction in the form of a first-year relief of 130% on new plant and machinery fixed assets.  This Super Deduction will apply to capital expenditure on “main pool” plant and machinery incurred by companies between 1st April 2021 and 31st March 2023, i.e. on plant and machinery that would usually qualify for 18% writing down allowances on a reducing balance basis.  Remember, the Super Deduction is only for companies (Corporation Tax) and cannot be claimed by sole traders or in professional partnerships (Income/Personal Tax).

 

Also, it is not available for items with a long life i.e. more than 25 years, or integral features within a building, or solar panels otherwise known as special rate pool items.

 

In summary, if a company spends £10,000 on qualifying items of plant and machinery within the specified timeframe, it will be able to reduce its taxable profits by £13,000.  It is important to keep in mind that currently the company may be in a position to claim a 100% deduction using the Annual Investment Allowance, therefore, by availing of the Super Deduction Allowance the company will receive an additional benefit of 30% of the qualifying expenditure.

 

Examples of what might qualify include:

  • Tractors, lorries and vans (not cars).
  • Furniture and machinery
  • Computers, laptops and printers
  • Cranes, drills, ladders, etc.

 

The Special Rate allowance provides relief at 50% of the qualifying cost in the first year.  The balance then returns to the normal special rate pool to be written down at the usual 6% rate on a reducing balance basis in future years.

 

The ‘SR allowance’ covers new plant and machinery including integral features in a building and long life assets.    Special rate expenditure broadly includes the following:

  • Lifts, escalators and moving walkways
  • Air-conditioning and air-cooling systems
  • Electrical systems, including lighting

 

The following restrictions, however, apply:

  • It is only available to companies within the charge to corporation tax.
  • It is not available for motor vehicles.
  • The items must be new and not second hand.
  • The items should not be used in a leasing trade.
  • the expenditure must be incurred between 1st April 2021 and 31st March 2023.

 

The £1 million rate of the Annual Investment Allowance will be extended to 31st December 2021.  From 1st January 2022, however,  it is expected to revert to the previous limit of £200,000.  This allowance provides relief of 100% on expenditure qualifying for capital allowances in the tax year of assessment in which the expenditure is actually incurred.

 

It is important to keep in mind that a company cannot claim the Annual Investment Allowance as well as the Super Deduction on the same amount of qualifying expenditure.  The Annual Investment Allowance should be considered in situations where the Super Deduction is not available including the following three scenarios:

  1. in contracts completed before 3rd March 2021 or
  2. expenditure incurred before 1st April 2021 or
  3. certain used or second hand assets purchased.

 

For all companies in a position to claim it, the Super Deduction will be more financially beneficial than claiming the Annual Investment Allowance with regard to main pool asset purchases.

 

For smaller companies it may be beneficial to claim the Annual Investment Allowance rather than the Special Rate Allowance on relevant assets, except where the total expenditure incurred on special rate pool assets exceeds the threshold amount of £1m.

 

Unlike the Annual Investment Allowance, there is no limit on the amount of capital investment that can qualify for either (i) the Super Deduction or (ii) the Special Rate allowance.  Therefore, there are clear incentives for businesses to bring forward their investment plans to take advantage of these first year allowances.

 

When an asset on which a Super Deduction or Special Rate Allowance was claimed is disposed of, the consideration will be subject to a balancing charge.  In other words, as the first year allowances are not pooled for capital allowances purposes, the proceeds from the disposal of relevant qualifying assets will be treated as taxable income.

 

If the disposal of the assets, on which a Super Deduction was previously claimed, occurs in a chargeable period that ends on or before 31st March 2023, the balancing charge will be equal to the disposal value multiplied by the relevant factor of 1.3 i.e. 130% of the sales proceeds.  If, however, the disposal occurs on or after 1st April 2023 then the balancing charge will equal the actual sales consideration.

 

If the chargeable period straddles 1st April 2023 (i.e. where a chargeable period commences before 1 April 2023 and the disposal takes place after 1 April 2023) then the relevant factor is apportioned based on the number of days before 1st April 2023.

 

Similar rules apply to the 50% Special Rate Allowance.

 

Finally, if the full deduction cannot be used by the business for offset against its taxable profits then an allowable loss will be generated.  This can:

  1. be carried forward or back under the new temporary three year loss carry back rules.
  2. It is also possible for the balance to form part of the main pool to be carried forward to future years.

 

 

For further information, please click: https://assets.publishing.service.gov.uk/media/604270a5d3bf7f1d0fdfd44e/Super_deduction_factsheet.pdf

 

 

Please be aware that the information contained in this article is of a general nature.  It is not intended to address specific circumstances in relation to any individual or entity. All reasonable efforts have been made by Accounts Advice Centre to provide accurate and up-to-date information, however, there can be no guarantee that such information is accurate on the date it is received or that it will continue to remain so. This information should not be acted upon without full and comprehensive, specialist professional tax advice.