Stamp Duty

IMPORTANT TAX DATES – JANUARY 2025 – IRELAND

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Income Tax. Corporation Tax. Capital Acquisitions Tax. Capital Gains Tax. Local Property Tax. VAT. Pay and File Deadlines.

 

 

January is a very important month in terms of pay and file obligations.  To avoid exposure to interest and penalties, please find below a list of pay and file deadline dates for January 2025 under the following tax heads: Income Tax, Corporation Tax, VAT, Local Property Tax, Capital Gains Tax, Capital Acquisitions Tax, Dividend Withholding Tax and Professional Services Withholding Tax.

 

 

1st January 2025

 

  • 2024 Employment Detail Summary is available.

 

  • The minimum Wage Increased to €13.50 per hour.

 

  • Changes to USC – The 4% rate is reduced to 3% and the entry threshold increases to €27,382.01

 

  • Changes to Rate Bands from €42,000 to €44,000 for individuals. Married couples and civil partners with one income will increase to €53,000 and married couples and civil partners with two incomes will increase to €88,000.

 

  • Increases from €1,875 to €2,000 for Single Persons, Employee PAYE Tax Credit, Earned Income Tax Credits and Widowed Person or Surviving Civil Partner with dependent child(ren).

 

  • Commencement of phased payments for Local Property Tax.

 

  • Increases in VAT thresholds for goods and services. From €40,000 to €42,500 for services. From €80,000 to €85,000 for goods.

 

  • The increased thresholds for Capital Acquisitions Tax: From €335,000 to €400,000 (Group Class A), from €32,500 to €40,000 (Group Class B) and €16,250 to €20,000 (Group Class C)

 

 

 

10th January 2025

 

Latest date for paying Local Property Tax in full through an approved PSP, or by debit or credit card.

 

 

 

14th January 2025

 

  • Monthly Return and payment for PAYE, PRSI and USC for December 2024 – The payment date is extended to 23rd for users who pay and file via ROS.

 

 

  • Quarterly Return and payment for PAYE, PRSI and USC for the period October to December 2024 – The payment date is extended to 23rd for users who pay and file via ROS.

 

 

  • Return and payment of Dividend Withholding Tax for December 2024

 

 

  •  F30 Monthly Return and payment of Professional Services Withholding Tax for December 2024

 

 

 

15th January 2025

 

Monthly direct debit payments for Local Property Tax (LPT) start and continue on the 15th day of every month, thereafter.  Date extended to 21st March 2025 if paying by Annual Debit Instruction.

 

 

 

19th January 2025

 

  • Monthly VAT3 Return & Payment for December 2024.

 

  • Bi-Monthly VAT3 Return & Payment for period 1st November to 31st December 2024.

 

  • Four Monthly VAT3 Return & Payment for period 1st September to 31st December 2024.

 

  • Bi-Annual VAT3 Return and payment for period 1st July to 31st December 2024.

 

  • Annual VAT3 Return and payment for period 1st January to 31st December.

 

 

Return of Trading Detail:

  • where the VAT accounting period ends between 1st and 31st December and monthly VAT3 Returns are filed.

 

  • where the VAT accounting period ends between 1st November and 31st December and bi-monthly VAT3 Returns are filed.

 

  • where the VAT accounting period ends between 1st September and 31st December and four-monthly VAT3 Returns are filed.

 

  • where the VAT accounting period ends between 1st and 31st December and annual VAT3 Returns are filed.

 

For ROS filers, the time limit for filing a VAT return is extended to the 23rd day of the month.

 

 

 

1st to 21st January 2025

 

  • Corporation Tax Preliminary Tax for Accounting Periods ending between 1st and 28th February 2025

 

  • Corporation Tax Returns for Accounting Periods ending between 1st and 30th April 2024.

 

  •  Corporation Tax Balancing payments due for Accounting Periods ending between 1st and 30th April 2024

 

For ROS filers, the time limit for filing a CT Return and/or payment is extended to the 23rd day of the month.

 

 

 

31st January 2025

 

  • Payment of capital gains tax for assets sold between 1st December 2024 and 31st December 2024

 

  • OSS VAT return and payment for the period 1st October to 31st December 2024

 

  • IOSS Monthly Return and payment due for period December 2024.

 

 

 

 

For VAT details, please click:

https://www.revenue.ie/en/vat/vat-registration/who-should-register-for-vat/vat-thresholds.aspx

 

https://www.revenue.ie/en/vat/vat-ecommerce/import-oss/index.aspx

 

 

 

For information on Standard Rate Bands and Tax Credits, please click:

https://www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/tax-relief-charts/index.aspx

 

 

 

For further information on Local Property Tax, please click:

https://www.revenue.ie/en/property/local-property-tax/paying-your-lpt/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.

BUDGET IRELAND 2025 – Taxes in relation to Property

Advice on Property Taxes

Property Taxes Ireland

 

Understand the Tax measures of Budget 2025 which relate to property transactions, at a glance.

 

 

Today, the Minister for Finance and the Minister for Public Expenditure, NDP Delivery and Reform, announced the details of Budget 2025.

 

 

As anticipated, Budget 2025 introduced several tax measures in relation to property.

 

 

This article will focus on the property related tax measures introduced by Budget 2025, under Income Tax/Personal Tax, Residential Zoned Land Tax (RZLT), Stamp Duty, Vacant Homes Tax (VHT) and Value Added Tax (VAT).

 

 

 

 

INCOME TAX / PERSONAL TAX

 

 

 Rent Tax Credit

 

  • Budget 2025 raised the Rent Tax Credit

 

  • The Rent Tax Credit has been increased to €1,000 for individual renters, or €2,000 per year for jointly assessed married couples/civil partners.

 

  • This applies to the tax years 2024 and 2025.

 

  • Prior to this, the Rent Tax Credit for 2024 was worth €750 for a single individual and €1,500 for a jointly assessed married couple/civil partners.

 

  • As a result of Budget 2025, these new rates have been backdated to cover the 2024 tax year as well as the 2025 year of assessment.

 

 

 

 

 Mortgage Interest Relief

 

  • Mortgage Interest Relief has been extended.

 

  • There has been no change to the qualifying criteria.

 

  • Homeowners must have an outstanding mortgage balance on their principal private residence of between €80,000 and €500,000 as of 31st December 2022.

 

  • Qualifying homeowners will be eligible for this tax relief in respect of the increased interest paid on their mortgage in 2024 as compared with 2022.

 

  • Tax Relief is at the standard Income Tax rate of 20%.  The Tax Credit is capped at €1,250 per property.

 

  • To claim Mortgage Interest Relief, the taxpayer must file a Tax Return and the taxpayer must be compliant with Local Property Tax (LPT) requirements.

 

 

 

 

Help to Buy Scheme

 

  • The Help to Buy Scheme has been extended for a further four years at the current rates until the end of 2029.

 

  • The aim of the scheme is to provide certainty for future homebuyers as well as the Irish property market.

 

  • The Help to Buy Scheme is a tax rebate available to first-time buyers to enable them to buy a newly built or self-built house or apartment provided the cost of that purchase is €500,000 or less.

 

  • With the extension of this scheme, first-time buyers of residential property will be able to continue to avail of (i) Income Tax and (ii) Deposit Interest Retention Tax refunds to help them purchase their home.

 

  • The scheme offers a tax refund to first-time buyers, with a maximum value of €30,000 or 10% of the property price, whichever is less.

 

  • The refund will be from the four tax years prior to when the application is made.

 

  • The refund will not include any refunds already claimed.

 

 

 

 

Pre-Letting Expenses Relief

 

  • Under Pre-Letting Expenses Relief, the current tax relief, capped at €10,000 per premises, for certain pre-letting expenditure will be extended for a further three years to 31st December 2027.

 

  • Section 97A TCA ‘97, which deals with rental expenses, provides that certain expenses incurred on a vacant residential property before its first letting following a period of non-occupancy are allowable as a deduction against rental income from that specific premises.

 

  • To be allowable, the pre-letting expenses (capped at €10,000 per property) must be incurred on a property that was vacant for a minimum of six months and is then let as a residential property on/before 31st December 2027.

 

  • These provisions allow for a deduction for certain pre-letting expenses which, otherwise wouldn’t be allowable.

 

 

 

 

 

RESIDENTIAL ZONED LAND TAX (RZLT)

 

  • As part of its strategy to meet an increased demand for housing, the Irish Government introduced the Residential Zoned Land Tax (RZLT), which is a new tax on land which is zoned for residential development and which has, in place, all the necessary services to develop housing.

 

  • It was originally introduced in Finance Act 2021 and stated that owners of lands which are zoned under the RZLT were to be taxed at a rate of 3% of the site’s market value from 1st February each year commencing in 2025.

 

 

  • Owners whose properties are subject to Local Property Tax and have a garden exceeding one acre will not be obliged to pay Residential Zoned Land Tax. They will, however, be required to complete and file a Tax Return containing details of the property.

 

 

  • Budget 2025 has provided landowners with an option to re-zone their land, based on the economic activity carried out on their land and to seek changes to the zoning maps in advance of the final maps being published on 31st January 2025.

 

 

  • In summary, Budget 2025 has announced a new process available to certain landowners to obtain an exemption from the tax in 2025 where their land should not be subject to the tax.

 

 

  • Budget 2025 has also introduced a twelve month deferral of the liability between the date planning permission was granted and the commencement date of the development

 

 

 

 

 

 

STAMP DUTY

 

 

New 6% Residential Rate

 

A new 6% rate of Stamp Duty has been introduced on residential properties from 2nd October 2024.

 

The stamp duty rates for residential properties will now be as follows:

 

  • 1% on consideration up to and including €1m

 

  • 2% on consideration over €1m and up to and including €1.5m

 

  • 6% on consideration over €1.5m

 

The existing stamp duty rates will continue to apply to instruments executed before 1st January 2025 on foot of a binding contract in place before 2nd October 2024.

 

 

 

 

10% rate for Bulk Purchases increased to 15%

 

  • Where a person acquires at least ten residential units during any twelve month period, the higher rate of stamp duty is being increased from 10% to 15%, with immediate effect.

 

 

  • The existing 10% rate will continue to apply to instruments executed before 1st January 2025 where a binding contract was in place before 2nd October 2024.

 

 

 

 

 

 

VACANT HOMES TAX (VHT)

 

  • A Vacant Homes Tax (VHT) was introduced by the Irish Government in Finance Act 2022 to encourage an increase in the supply of residential properties available for rent or purchase. As a further incentive, Budget 2025 has increased the rate of the VHT from five to seven times a property’s existing base Local Property Tax (LPT) liability.

 

 

  • This will take effect from 1st November 2024 i.e. the next chargeable period for Vacant Homes Tax.

 

 

  • VHT applies to any residential property which is occupied for less than 30 days in a twelve month period between 1st November and 31st October of the following year.

 

 

 

 

 

VALUE ADDED TAX (VAT)

 

 

VAT Rate on Heat Pumps

 

  • A reduction in the VAT rate for heat pumps to 9% is effective from 1st January 2025.

 

  • This applies to the supply and installation of heat pumps.

 

  • The heat pumps must meet specific technical standards, as outlined in the EU Directive.

 

  • The aim is to encourage homeowners to install heat pumps to support climate action.

 

 

 

 

VAT Rate for Gas & Electricity

 

  • The 9% rate of VAT on gas and electricity is to be extended until 30th April 2025.

 

  • The rate had been due to revert to 13½% on 1st November 2024.

 

  • The aim of this extension is to reduce the cost of living.

 

 

 

 

 

For full information on Budget 2025, please click https://www.gov.ie/en/publication/e8315-budget-2025/

 

 

 

 

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.

UK BUDGET – AUTUMN 2018 – UK Taxes

 

UK Tax Advisory and Compliance Services

UK Taxes. Income Tax, Corporation and Business Taxes, Capital Gains Tax, Stamp Duty, Land Tax, Inheritance Tax.

 

 

In today’s Budget, there were a number of UK tax changes and tax policy announcements aimed at supporting businesses and enhancing living standards under Income Tax, Capital Gains Tax, Inheritance Tax, Savings & Investments, National Insurance, Pensions, Trust Tax, Property Tax, Corporation and Business Tax.  However, this brief article will only focus on Stamp Duty and Land Tax.

 

The Chancellor announced today that the government will extend first-time buyers relief to all first-time buyers of shared ownership properties in England and Northern Ireland.

 

The relief will not apply to purchases of properties valued over £500,000.

 

This amendment will apply to relevant transactions with an effective date of on or after 29th October 2018.  The measure will also apply retrospectively to transactions with effective dates on or after 22nd November 2017, which was the date first-time buyer’s relief was originally introduced.

 

The relief must be claimed in an SDLT Return or by amending an SDLT return which has already been filed.

 

For those who completed their transaction before 29th October 2018, the opportunity to amend their SDLT Return will be extended by a further 12 months until 28th October 2019.

 

A technical correction was included to extend the time frame in which the 3% SDLT on additional dwellings can be reclaimed.  This applies to situations where an individual sells his or her home within three years of making a replacement purchase.  The amendment, which comes into effect from 29th October 2018, extends the reclaim period from three to twelve months following the sale of the old home.

 

 

For further information, please click: https://www.gov.uk/government/publications/budget-2018-overview-of-tax-legislation-and-rates-ootlar/budget-2018-overview-of-tax-legislation-and-rates-ootlar

 

 

 

For a full and comprehensive UK tax advisory and filing service, please contact us today at queries@accountsadvicecentre.ie

 

 

 

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.

4% Stamp duty rebate – development land for residential development

Top Stamp Duty Advisors Dublin

Stamp Duty. Residential Land. Individual Tax Relief. Development Land.

A stamp duty refund scheme in respect of land purchased to develop residential property was signed into the 2017 Finance Act on 25th December 2017.

 

The Act provides that where stamp duty, at the new higher rate of 6%. is paid on the acquisition of land which is subsequently used to build residential property, the purchaser will be entitled to a rebate of 4% being 2/3rds of the duty paid.

 

It is important to keep in mind that the refund of stamp duty is only applicable in relation to the proportion of the land used for residential development.

 

 

The Main Points of the Scheme are:

 

  • The scheme only applies where the residential development begins within thirty months of the date the land was acquired but before 1st January 2022.

 

  • It only applies to the construction of dwelling units.

 

  • It does not apply to the refurbishment or completion of existing or partially constructed units.

 

  • The time taken to conclude any planning appeal may be added to this 30 month period.

 

  • The development must commence on foot of a Commencement Notice served in compliance with the Building Control Regulations and must be completed within two years of the relevant Local Authority’s acknowledgement of the Commencement Notice.

 

  • There is a four year time limit on claiming a repayment.  Please be aware that the repayment does not carry interest and must be claimed using Revenue’s e-Stamping system.

 

  • The 4% duty refund can be claimed following the commencement of the works

 

  • Where the residential development is being carried out in phases, repayments can be sought on a phased basis i.e. the refund can be reclaimed on the commencement of each phase but only in proportion to the area of the land in each phase.

 

  •  75% of the land, for which the refund claim is made, must comprise of dwelling units.

 

  • If the legislative conditions are not met or if the works have not been completed within the 2 year deadline then Clawback Provisions will apply to this refund.

 

 

Despite the fact that this scheme has been signed into legislation there are still areas of uncertainty.  It is expected that Revenue will issue guidance material to clarify matters in due course.

 

 

 

For further information, please click: https://www.revenue.ie/en/property/documents/stamp-duty/help-guides/residential-development-stamp-duty-refund-claim.pdf

 

 

 

If you have any queries in relation to Stamp Duty, please contact us at queries@accountsadvicecentre.ie to make an appointment.

 

 

 

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.

 

 

Stamp Duty for Non-Residential Properties – Ireland

Stamp Duty Advisors and Experts

Stamp Duty Advice and Compliance. Commercial Property Taxes. Non-residential Tax

 

 

As you are aware, Finance Act 2017 increased the rate of stamp duty on the transfer of non-residential property from 2% to 6% with effect from midnight on Budget Day.  The change applied to instruments executed on or after 11th October 2017.  This dramatic tax increase will, most likely, reduce the number of commercial property transactions carried out in Ireland in 2018.

 

On 27th October 2017, The Irish Revenue Commissioners published Revenue eBrief No. 94/2017 outlining the transactions eligible for the 2% Stamp Duty rate under Transitional Relief Measures:

 

In circumstances where a binding contract has been entered into before 11th October 2017 the rate of stamp duty will remain at 2%, provided the following two conditions are met:

 

  1. the instrument was executed before 1st January 2018, and

 

  1. the instrument contained certification that the instrument was executed on foot of a binding contract entered into before 11th October 2017.

 

 

A person who filed a stamp duty return before the enactment of the Finance Bill and who was satisfied that the transitional measures would have applied if the Finance Bill had been enacted, had two options:

 

  1. To file a return through the e-stamping system, pay stamp duty of 6% and be issued with a stamp certificate.  Now that the Finance Act has been enacted the filer can amend the Return, submit the relevant documents to Revenue thereby requesting a refund of 4% (i.e. the difference between the 6% and 2% rate). Please follow attached link for detailed instructions:

 https://www.revenue.ie/en/online-services/support/documents/help-guides/stamp-duty/amending-stamp-duty-return-on-ros.pdf or

 

  1. To file a return through the e-stamping system and pay the stamp duty at the lower rate of 2%.  In this situation a stamp certificate was not be issued at this stage.

 

On 4th January Revenue published guidelines on how this postponed stamp certificate can be obtained. To receive the certificate, you must amend the Return by following the link:

https://www.revenue.ie/en/online-services/support/documents/help-guides/stamp-duty/amending-stamp-duty-return-on-ros.pdf

 

For those who filed their Returns but did not pay the correct amount of Stamp Duty at the 2% rate, you will not have received a Stamp Certificate.

 

In order to obtain the stamp certificate you must amend the Return, pay the Stamp Duty of 2%, pay any Interest accruing on the late payment and pay any surcharge arising on the late filing of the Return, if relevant.

 

Once the payments have been processed your Stamp Certificate will issue automatically.

 

 

 

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.

 

Stamp Duty Ireland – Finance Act 2017 Changes

 

 

Finance Act 2017 increased the rate of Stamp Duty on all non-residential properties from 2% to 6% and includes non-residential lease premiums.  This 6% rate applies to documents executed on/after 11th October 2017.

 

 

Although transitional measures have been introduced, this higher Stamp Duty rate will apply for conveyances executed from 1st January 2018.

 

 

To be able to avail of the previous 2% rate on commercial property (i.e. where contracts were entered into before 11th October 2017), the two following conditions must be met:

 

  1. a binding contract must have been in place before 11th October 2017 and
  2. the instrument for the transfer must have been executed before 1st January 2018.

 

 

 

The increased Stamp Duty rate also applies to certain shares which derive their value or the greater part of their value, directly or indirectly, from Irish non-residential land and buildings.  The 6% Stamp Duty Charge was introduced by Section 31C SDCA 1999 on conveyances/transfers of shares in Irish and non-Irish companies.  The provision also applies to units in an Irish real estate fund, interests in foreign collective investments schemes as well as to interests in a partnership.

 

 

 

This 6% Stamp Duty rate will apply if the result of the transfer is a change in the person/persons having direct/indirect control over the non-residential property and where it would be reasonable to consider that the immovable property concerned was:

 

  1. acquired by the company, IREF or partnership with the sole or main object of realising a gain from its disposal,
  2. being developed by the company, IREF or partnership with the sole/main object of realising a gain from its disposal when developed, or
  3. held as trading stock by the company, IREF or partnership.

 

 

 

Although the legislation applies to any instrument executed on or after 6th December 2017, there are transitional provisions, which will limit the Stamp Duty rate to its existing rate (i.e. 1% or qualifying for an exemption) where:

 

  1. A binding contract was entered into before 6th December 2017,
  2. the instrument is executed or the binding contract is completed before 1st March 2018 and
  3. the instrument contains a statement certifying that the instrument was solely executed in pursuance of said binding contract which was entered into prior to 6th December 2017.

 

 

The new rate will apply to contracts for sale of such shares as well as actual transfers of shares.

 

 

As the 6% rate applies to all non-residential property, this means the disposal of goodwill or the transfer of Debtors, as part of the sale of a business, could also give rise to a 6% Stamp Duty charge.

 

 

 

The rates of stamp duty on residential property remain at a rate of 1% up to the first €1,000,000 with 2% payable on the excess over €1,000,000.

 

 

 

The Stamp Duty rate on leases of commercial property will continue to be charged at a rate of 1% on the average annual rent.  However, where the landlord receives a premium from the tenant at the commencement of the lease, this will be subject to Stamp Duty at 6%.

 

 

 

Finance Act 2017 (Section 83D SDCA 1999) introduced a Stamp Duty Rebate Scheme in relation to land purchased for the purpose of developing residential property.  The Act provides that where Stamp Duty at the new higher rate of 6% is paid on the acquisition of land which is subsequently used to develop residential property, then the purchaser will be entitled to a rebate of 2/3 of the 6% upfront duty paid i.e. a potential refund of up to 4% can be claimed provided the following conditions are satisfied:

 

  • The Stamp Duty Rebate Scheme is limited to the proportion of land used for residential development.
  • The Scheme only applies where construction operations for residential property commence before 1st January 2022 and construction must begin within thirty months of the date the land was acquired.
  • The time required to conclude any planning appeal can be added to this thirty month period.
  • The repayment cannot be claimed in advance of the commencement of construction operations.
  • There is a four year time limit on claiming a repayment. The supporting documentation required to substantiate the claim include (i) a certified copy of the deed of transfer, (ii) a statutory declaration stating that building work commenced within the thirty month period immediately after the date the instrument was executed and (iii) written consent by all the accountable persons to the person making the claim.
  • Where the Stamp Duty rebate claims relates to only part of the land, the Statutory Declaration must clearly state the specific part of the land to which the claim relates.
  • The rebate will not carry interest.
  • The refund can only be claimed via Revenue’s e-Stamping system.
  • In situations where the residential development is being carried out in phases, repayments can be sought on a phased basis.
  • The Rebate will be clawed back in two situations: (i) where the residential development is not completed within two years of acknowledgement, by the relevant building control authority, of the commencement notice or (ii) where at least 75% of the units or a minimum of 75% the total area of the land in question is not occupied.

 

Construction operations” is defined as the construction of buildings or structures including the preparatory operations of site clearance, drainage, earth-moving, excavation, laying of foundations and provision of roadways and other access works.

 

 

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.

 

 

 

BUDGET 2018 – Tax Changes

Tax Advice on Budget Changes

Budget Ireland. Income Tax Changes. Business Tax amendments. CGT and CAT Reliefs and Exemptions, VAT

 

The Minister for Finance, Public Expenditure and Reform Paschal Donohoe T.D delivered his first Budget today, on 10th October 2017, which concentrated more on expenditure than on tax changes.  The Minister announced a number of positive measures to assist small and medium sized enterprises prepare for “Brexit” as well as confirming Ireland’s commitment to the 12½% corporation tax rate. We are pleased to bring you our summary of the tax measures set out in Budget 2018 under (i) personal taxation, (ii) Income Tax, (iii) Capital Acquisitions Tax, (iv) Capital Gains Tax, (v) Business Taxes, (vi) VAT, etc.

 

 

PERSONAL TAXATION

 

Universal Social Charge

The USC has been cut for lower and middle income earners.

 

The 2.5% USC rate has been reduced by 0.5% to 2% and the band has been increased to €19,372 from €18,772 which will benefit employees earning the minimum wage.

 

The 5% USC rate has been reduced by 0.25% to 4.75%

 

Medical card holders and individuals aged 70 years and over whose combined income does not exceed €60,000 per annum will only be liable to pay a maximum USC rate of 2%.

 

For self-employed individuals with income of over €100,000 the 11% rate will continue to apply

 

 

Income Tax

The higher or marginal tax rate will remain at 40% for 2018.

 

The income tax standard rate band, however, will be increased by €750 to €34,550 i.e. the entry point at which the 40% income tax rate applies has been increased from €33,800 to €34,550 for a single person and from €42,800 to €43,550 for married couples with one income.

 

The marginal rate of tax for individuals earning between €34,551 and €70,044 will be 48.75%.

 

The marginal rate of tax for individuals earning in excess of €70,044 will remain at 52% for employees.

 

The marginal rate of tax for self-employed individuals earning in excess of €100,000 will remain at 55%.

 

 

Earned Income Credit

For self-employed individuals, the earned income tax credit will increase by €200 to €1,150.

 

No reference was made in today’s Budget speech as to when future increases to this tax credit would arise to bring it in line with the PAYE Tax Credit of €1,650.

 

 

Home Carer Tax Credit

The Home Carer Tax Credit will increase by €100 from €1,100 to €1,200.

 

The €7,200 income threshold remains

 

This tax credit can be claimed by a jointly-assessed couple where a spouse/civil partner cares for one or more dependents regardless of the number of individuals cared for.

 

 

Deposit Interest Retention Tax (DIRT)

The rate for Deposit Interest Retention Tax for 2018 will be charged at 37%.

 

 

PRSI

The National Training Fund Levy will be increased over the next three years and will apply to employees under Classes A and H by increasing Employer’s PRSI as follows:

 

a)      10.85% in 2018

b)      10.95% in 2019

c)      11.05% in 2020

 

 

Mortgage interest relief 

Mortgage Interest Relief for residential property owners which was scheduled to be abolished from the end of this year will continue until 2020.

 

This relates to home owners who took out qualifying mortgages between 2004 and 2012.

 

The relief will be reduced as follows:

a)      to 75% in 2018

b)      to 50% in 2019

c)      to 25% in 2020

 

Following a change in last year’s Finance Act, the amount of mortgage interest allowable against taxable rental income will increase to 85% with effect from 1st January 2018.  However, there was no reference, in today’s Budget speech, to the expected increase from 80% to 85% mortgage interest relief on rented residential property.

 

As you may remember, in Budget 2017, it had been announced that100% mortgage interest relief for rental properties would be restored on a phased basis by 2020.

 

  

 Deductibility of pre-letting expenses

Expenses incurred prior to the first letting of a property are not deductible against rental income, with a few exceptions.

 

Following today’s Budget, property owners who rent out residential properties which have been vacant for a period of twelve months or more will be entitled to a tax deduction of up to €5,000 per property.

 

These expenses must be revenue in nature and not capital expenditure.

 

The relief will be subject to a clawback of the property is withdrawn from the rental market within a four year period.

 

This relief will be available for qualifying expenditure between now and the end of 2021.

 

 

Benefit-in-kind on motor vehicles

The minister announced a number of measures to incentivise the purchase of electric cars including:

a)      a 0% rate of Benefit-in-Kind for electric cars and the electricity used at to charge these vehicles while at work.

b)      a VRT Relief measure

 

 

 

CAPITAL ACQUISITIONS TAX

No changes were announced to the CAT tax-free thresholds in the Budget.

 

 

 

CAPITAL GAINS TAX

No changes were announced to CGT rates in the Budget.

 

Seven Year Exemption

The Minister relaxed the “Seven Year Exemption” which applied to land or buildings purchased between 7th December and 31st December 2014.

 

Disposals of qualifying assets between years four and seven will now qualify for the full Capital Gains Tax Exemption

 

 

VAT

 

VAT Compensation Scheme

A VAT refund scheme was introduced in order to compensate charities for input VAT incurred on expenditure.

 

This scheme will take effect from 1st January 2018 but will be paid one year in arrears. In other words charities will be entitled to claim an input VAT credit in 2019 in relation to expenses incurred in 2018.

 

Charities will be entitled to a refund of a proportion of their VAT costs based on the level of non-public funding they receive.

 

The Minister also confirmed that a capped fund of €5 million will be available to fund the scheme in 2019.

 

For further information please visit:

http://www.budget.gov.ie/Budgets/2018/Documents/VAT_Compensation_Scheme_For_Charities.pdf

 

9% VAT Rate

The reduced VAT rate of 9% for goods and services, mainly related to the tourism and hospitality industry, has been retained.

 

 

VAT on Sunbed Sessions

 In line with the Irish Government’s National Cancer Strategy, the VAT rate on sunbed services will increase from 13.5% to 23% from 1st January 2018.

 

 

 

BUSINESS TAXES

 

Corporation tax rate

The government has made a firm commitment to retaining the 12½% Corporation Tax rate to attract foreign direct investment.

 

 

 Capital Allowances for Intangible Assets

The Minister confirmed that he would be limiting the amount of capital allowances that can be claimed for intangible assets.

 

A tax deduction for capital allowances under Section 291A TCA 1997 on intangible assets and any associated interest cost will now be limited to 80% of the relevant income arising from the intangible asset in the accounting period from midnight of 10th October 2017.

 

 

Key Employee Engagement Programme (KEEP)

The Minister announced plans for a new share based remuneration incentive for unquoted SME companies aimed at improving the ability of SMEs to attract and retain key staff.

 

This incentive will be available for qualifying KEEP share options granted between 1st January 2018 and 31st December 2023.

 

No income tax, PRSI or USC will be charged on the exercise of the share options. Instead gains from exercising these share options will only be liable to CGT @ 33%.

 

The tax becomes payable when the shares are sold.

 

State Aid approval will be required to introduce this scheme.

 

 

Accelerated capital allowances for expenditure on energy-efficient equipment

Following a review of the accelerated capital allowances scheme for energy efficient equipment, the current scheme is being extended for a further three years to the end of 2020.

 

 

STAMP DUTY

 

Stamp Duty on commercial property

The rate of stamp duty on commercial property transactions will have increased from 2% to 6% with effect from midnight of 10th October 2017.

 

A stamp duty refund scheme is also being introduced for commercial land acquired for the development of housing, on condition that the development must begin within 30 months of the purchase of the land.

 

It is expected that further details of the relief and the conditions will be outlined in the Finance Bill.

 

 

FARMING AND THE AGRI-SECTOR

 

Stamp duty

The Stamp duty rate of 1% remains for inter-family farm transfers for a further three years.

 

The Stamp Duty exemption for Young Trained Farmers on agricultural land transactions will also be retained.

 

Leasing land for solar panels

The leasing of agricultural land for the use of solar panels will continue to be classified as agricultural land for the purposes of the CAT Agricultural Relief and the CGT Retirement Relief providing the solar panel infrastructure does not exceed 50% of the total land holding..

 

 

BREXIT

 

Brexit Loan Scheme 

A new Brexit Loan Scheme has been announced. A loan scheme of up to €300 million will be available at competitive rates to SMEs to assist them with their short-term working capital needs, with particular attention given to food industry businesses.

 

Details of this scheme will be provided by the Tánaiste and Minister for Business, Enterprise and Innovation, and the Minister for Agriculture, Food and the Marine.

 

Plans were also announced to hire over 40 additional staff across the Department of Business, Enterprise and Innovation and enterprise agencies in 2018 to respond to the issues arising from Brexit.

 

 

Increased funding

The Minister announced increased funding of €64 million to support the agri-sector. Of this, a further €25 million is to be provided to the Minister for Agriculture, Food and the Marine to develop further Brexit loan schemes for the agri-food sector in addition to the loan scheme discussed above.

 

 

OTHER CHANGES

 

Sugar Tax

 From 1st April 2018 two rates of tax on sugar-sweetened drinks will be introduced subject to State Aid approval.

 

The first will apply at a rate of 30 cent per litre where the sugar content is above 8g per 100ml.

 

The second rate of 20 cent per litre will apply where the sugar content is between 5g and 8g per 100ml.

 

Drinks with less than five grams of sugar won’t attract a sugar tax.

 

 

Vacant site levy

The vacant site levy has been increased from the current 3% levy in the first year to 7% in second and subsequent years to encourage land owners to develop vacant sites rather than “hoarding” land.

 

The vacant site levy is due to come into effect in 2018.

 

An owner of a property on a vacant site register who does not develop their land in 2018 will be liable to the 3% levy in 2019 and a further 7% levy in 2020 and each year thereafter until the land is developed.

 

From 1st January 2017, each local authority is obliged to maintain a register of vacant sites to include on the register, details of any site, which they believe, has been vacant for the previous twelve month period.

 

 

 

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.

 

Revenue eBriefs since 1st January 2017

Tax Advisors and Consultants

Income Tax, Corporation Tax, Capital Gains Tax, Revenue Compliance Interventions, Capital Acquisitions Tax, VAT.

 

Are you aware of how much has changed since 1st January 2017 in terms of Tax compliance, Tax Credits, Employee Subsistence Expenses, Personal/Income Tax, Corporation Tax, Capital Acquisitions Tax, Capital Gains Tax, Value Added Tax, PAYE, Stamp Duty, Transfer Pricing, Local Property Tax, Revenue Audit Procedures, etc.?

 

Here are a list of the Revenue eBriefs published so far this year:

 

  1. Revenue eBrief No. 01/17  Finance Act 2016 – VAT Notes for Guidance
  2. Revenue eBrief No. 02/17 Improved online services for PAYE customers
  3. Revenue eBrief No. 03/17 Stamp duty levies – changes made by Finance Act 2016 and Health Insurance Amendment Act 2016
  4. Revenue eBrief No. 04/17  Finance Act 2016 changes to Capital Acquisitions Tax Consolidation Act 2003 – Changes to section 86 (Dwelling House Exemption) and Schedule 2 (Group Thresholds) CATCA 2003 
  5. Revenue eBrief No. 05/17  Fisher Tax Credit 
  6. Revenue eBrief No. 06/17  Special Assignee Relief Programme
  7. Revenue eBrief No. 07/17  Deduction for statutory registration fees paid to the Health and Social Care Professionals Council
  8. Revenue eBrief No. 08/17  Revenue Opinions and Confirmations 
  9. Revenue eBrief No. 09/17  Tax Relief on Retirement for Certain Income of Certain Sportspersons 
  10. Revenue eBrief No. 10/17  Irish Real Estate Fund declarations
  11. Revenue eBrief No. 11/17  Average Market Mid-Closing Exchange Rates v Euro – Lloyds Conversion Rate
  12. Revenue eBrief No. 12/17  Revenue Arrangements for Implementing EU and OECD Exchange of Information Requirements In Respect of Tax Rulings
  13. Revenue eBrief No. 13/17  PAYE – Exclusion Orders
  14. Revenue eBrief No. 14/17 –  Taxation of Paternity Benefit
  15. Revenue eBrief No. 15/17  Deduction for income earned in certain foreign states (Foreign Earnings Deduction) 
  16. Revenue eBrief No. 16/17  Revenue Technical Service – Solicitor Access to the MyEnquiries online contact facility 
  17. Revenue eBrief No. 17/17  R and D tax credit claims in respect of projects supported by Enterprise Ireland R and D grants
  18. Revenue eBrief No. 18/17  Updates to the Electronic Relevant Contracts Tax (eRCT) System – Look up Payment Notifications
  19. Revenue eBrief No. 19/17  Revenue seeks applications for independent Research & Development (R&D) experts
  20. Revenue eBrief No. 20/17  Solvency II – EU (Insurance and Reinsurance) Regulations 2015 
  21. Revenue eBrief No. 21/17  Opticians in employment 
  22. Revenue eBrief No. 22/17  Securitisation: Notification of “Qualifying Company” Section 110 Taxes Consolidation Act, 1997.
  23. Revenue eBrief No. 23/17  Code of Practice for Revenue Audit and other Compliance Interventions
  24. Revenue eBrief No. 24/17  Health Expenses / Assistance Dogs
  25. Revenue eBrief No. 25/17  Non Principal Private Residence (NPPR) Charge
  26. Revenue eBrief No. 26/17  Irish Real Estate Fund declarations
  27. Revenue eBrief No. 27/17  Certification of Residence for Individuals/Companies/Funds
  28. Revenue eBrief No. 28/17  CGT implications for individuals of takeover of Fyffes plc by Sumitomo Corporation
  29. Revenue eBrief No. 29/17  PAYE Modernisation – Report on Public Consultation Process
  30. Revenue eBrief No. 30/17  Non Principal Private Residence charge notification facility
  31. Revenue eBrief No. 31/17  Home Renovation Incentive (HRI)
  32. Revenue eBrief No. 32/17  Help To Buy Scheme
  33. Revenue eBrief No. 33/17  Section 900 Taxes Consolidation Act 1997 – Power to call for the production of books, information etc.
  34. Revenue eBrief No. 34/17  Charitable Donations Scheme
  35. Revenue eBrief No. 35/17  Revenue Technical Service (RTS) for Agents and Taxpayers
  36. Revenue eBrief No. 36/17  Large Cases Division: Opinions/Confirmation on Tax/Duty Consequences of a Proposed Course of Action
  37. Revenue eBrief No. 37/17  VAT treatment of education and vocational training
  38. Revenue eBrief No. 38/17  ROS – Extension of Pay & File Deadline for ROS Customers for 2017
  39. Revenue eBrief No. 39/17  Corporation Tax (CT1) Returns for 2016 and 2017, Forms 46G (Company)
  40. Revenue eBrief No. 40/17  Offshore funds regime
  41. Revenue eBrief No. 41/17 Incapacitated Child Tax Credit
  42. Revenue eBrief No. 42/17  MyEnquiries enhancements
  43. Revenue eBrief No. 43/17  Exemption in respect of certain expense payments for resident relevant directors
  44. Revenue eBrief No. 44/17  Definition of ‘chargeable person’ – Self Assessment
  45. Revenue eBrief No. 45/17  Employees’ Subsistence Expenses and Motoring and Bicycle Expenses
  46. Revenue eBrief No. 46/17  Underpayment of Preliminary Corporation Tax: waiver of interest where the underpayment arises solely due to movements in the exchange rate of the functional currency
  47. Revenue eBrief No. 47/2017  Pre self-assessment – stamp duty manual
  48. Revenue eBrief No. 48/17  Taxation of exam setters, exam correctors, invigilators, etc.
  49. Revenue eBrief No. 49/17  Tax treatment of the reimbursement of Expenses and Travel and Subsistence to Office Holders and Employees
  50. Revenue eBrief No. 50/17  Returns Compliance Income Tax and Corporation Tax
  51. Revenue eBrief No. 51/17  Local property tax appeals
  52. Revenue eBrief No. 52/17  Company reconstructions without change of ownership (Section 400 TCA 1997)
  53. Revenue eBrief No. 53/17  Restructured VAT Tax and Duty Manual
  54. Revenue eBrief No. 54/17  Full self-assessment: Time limits for making enquiries and making or amending assessments
  55. Revenue eBrief No. 55/17  Surcharge on certain undistributed income of close companies
  56. Revenue eBrief No. 56/17  Charges on income for Corporation Tax purposes
  57. Revenue eBrief No. 57/17 Time limits for raising assessments and making enquiries – section 955 TCA 1997
  58. Revenue eBrief No. 58/17  Filing and paying Stamp Duty on Instruments
  59. Revenue eBrief No. 59/17  Capital Acquisitions Tax – Business Relief
  60. Revenue eBrief No. 60/17  Pensions Manual Amended
  61. Revenue eBrief No. 61/17  PAYE Taxpayers and Self-Assessment – Interaction of PAYE and Self-Assessment Procedures: Income Tax
  62. Revenue eBrief No. 62/17  Company Incorporation – Economic Activity
  63. Revenue eBrief No. 63/17  Tax-Geared Penalties for Non-Submission of Returns
  64. Revenue eBrief No. 64/17  Tax treatment of certain dividends
  65. Revenue eBrief No. 65/17  Full self-assessment – Revenue assessment in the absence of a return
  66. Revenue eBrief No. 66/17  New PAYE Services and ROS registration changes
  67. Revenue eBrief No. 67/17  Data Retention Policy for Compliance Interventions
  68. Revenue eBrief No. 68/17  Provisions Relating to Residence of Individuals
  69. Revenue eBrief No. 69/17  Guidelines on tax consequences of receivership and mortgagee in possession (MIP)
  70. Revenue eBrief No. 70/17  Irish Real Estate Funds
  71. Revenue eBrief No. 71/17  ROS Form 11 – 2016 income tax return
  72. Revenue eBrief No. 72/17  Guide to Exchange of Information under Council Directive 2011/16/EU, Ireland’s Double Taxation Agreements and Tax Information Exchange Agreements and the OECD/Council of Europe Convention on Mutual Administrative Assistance in Tax Matters.
  73. eBrief No. 73/17  Guidelines for requesting Mutual Agreement Procedure (MAP) assistance in Ireland
  74. Revenue eBrief No. 74/17  Transfer Pricing Documentation Obligations
  75. Revenue eBrief No. 75/17  Tax Treatment of Members of the European Parliament
  76. Revenue eBrief No. 76/17  ROS – Digital Certificate Renewal reminder notices
  77. Revenue eBrief No. 77/17  Corporation Tax Statement of Particulars – Section 882 TCA 1997
  78. Revenue eBrief No. 78/17  Accessing Schedule E information – 2016 Income Tax Return

 

 

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.

 

 

 

Stamp Duty Changes

Stamp Duty and Tax Advisory Services

Stamp Duty Changes Ireland – New eStamping Regime

 

Introduction

Finance Act 2012 introduced a number of important changes to the Stamp Duty filing regime.  The changes apply to all instruments or deeds executed on or after 7th July 2012.  Essentially the act provides for the removal of adjudication and instead a new eStamping system will treat all Stamp Duty Returns on a self assessed basis.

 

 

 

Key Changes in Stamp Duty Filing Regime

Where the execution date of an instrument or deed is on or after 7th July 2012:

  1. Adjudication of the stamp duty liability will not be necessary or possible.
  2. A late filing surcharge (5% or 10%) will apply where returns are filed late.
  3. There are new criteria for making a valid “expression of doubt.”

 

 

 

What these changes mean

  1. Instruments executed on or after 7th July 2012 will no longer be subject to adjudication.
  2. Stamp duty must be self-assessed in all such cases.
  3. Where unclear about the stamp duty treatment of a particular matter in the return then there is an option to make “an expression of doubt” on the ROS form.
  4. The criteria for making a valid expression of doubt are stricter.
  5. Revenue can reject an expression of doubt as not being genuine.
  6. If Revenue believes the expression of doubt is not genuine, they will issue a notice of rejection outlining the reasons.
  7. To obtain a Stamp Certificate the filer must immediately lodge an amended return and pay the related liability.
  8. The taxpayer will have the right to appeal to the Appeals Commissioner.
  9. An expression of doubt will not be accepted where the Stamp Duty Return is filed late.
  10. It is also possible to address technical tax queries to Revenue’s Technical Service (RTS).
  11. Late Returns will be subject to a surcharge.
  12. Revenue will continue to accept returns as being filed on time where filed up to forty four days after execution. (This is a Revenue Concession.)
  13. A 5% or 10% surcharge will apply depending on the lateness of the Return.

 

 

 

For full and complete information, please click: Stamp Duty

 

 

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.