US Taxes

Taxation of Income and Gains from Offshore Funds and Investment Undertakings

On 22nd January 2026, the Revenue Commissioners updated their guidance manuals on Offshore Funds and Investment Undertakings, to reflect Finance Act 2025 amendments. The tax rate for individuals has been reduced from 41% to 38% effective from 1st January 2026. This lower rate applies to income and gains from Irish domiciled investment funds as well as equivalent offshore investment funds located in other EU Member States, EEA States, and OECD countries holding a double taxation agreement with Ireland.

For Tax and Duty Manual Part 27-04-01 (Offshore Funds: Taxation of Income and Gains from EU, EEA and OECD Member States), please click: https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-27/27-04-01.pdf

For Tax and Duty Manual Part 27-01a-02 (Investment Undertakings) please click: https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-27/27-01a-02.pdf

For full and comprehensive tax advice on Offshore funds and Investment Undertakings, please contact us at info@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.

U.S. Taxes, One, Big, Beautiful Bill, State and Federal Taxes

The One Big Beautiful Bill Act, which was passed on 4th July 2025, made sweeping updates to the U.S. tax code and will extend a number of provisions from the 2017 Tax Cuts and Jobs Act, that were due to expire. This legislation creates new reporting requirements and amends certain eligibility thresholds.  Up to $25,000 in tip income is now deductible.  Many of the provisions will bring change in 2026 and include:

• Taxpayers claiming the standard deduction will now be able to deduct up to $1,000 in charitable contributions in their annual tax return. This figure will rise to $2,000 for couples filing a joint tax return.  Therefore, the new charitable contribution deduction for non-itemizers for cash contributions is up to $1,000 for individuals and $2,000 for married couples who file their tax returns jointly.

• For taxpayers who itemize deductions rather than claiming the standard deduction, their 2026 charitable deduction will be limited to the amount that exceeds 0.5% of their 2026 adjusted gross income (AGI).

• The annual limit of certain K-12 expenses increases to $20,000. The definition has been expanded to include other expenses, for example, books, fees, tutoring, etc. Please be aware, however, that K-12 expenses do not qualify for state income tax purposes in certain U.S. states.

• There will be a new limit on itemized deductions for taxpayers in the 37% tax bracket. Effectively, this means that for every dollar of itemized deduction, the maximum tax benefit available will only be 35 cents. For 2026, the 37% bracket kicks in where the taxable income exceeds $640,600 for single filers and heads of households, $768,700 for married couples filing jointly and at $384,350 for married couples filing separately.

• For 2026, the state and local taxes (SALT) deduction is capped at $40,400. There is a slight increase in the phase-out range, which begins when the modified adjusted gross income (MAGI) is $505,000. Once MAGI surpasses $606,333, the deduction cap will be $10,000. Therefore, regardless of the MAGI, the SALT deduction will not fall under $10,000.

• Commencing 4th July 2026, it will be possible for employers to contribute up to $2,500 to the new Trump Accounts for Children. This amount will be excluded from the employee’s gross income.

• With regard to the Federal Estate & Gift Tax Exemption, the lifetime federal estate and gift tax exclusion amount has risen to $15 million per individual in 2026. For married couples, a combined amount of $30 million applies.

• Catch-up contributions allow those participants aged from 50 years to contribute additional money to their retirement accounts while those individuals, making additional contributions who are aged between 60 and 63 years come within the “super catch-up” definition. Higher-income participants in 401(k), 403(b) and 457(b) retirement plans are required to make any catch-up contributions as after-tax Roth contributions. This requirement applies to participants with 2025 FICA wages exceeding $150,000. In summary, from 1^st January 2026, catch-up and super catch-up contributions for certain high-paid participants must be made on an after-tax Roth basis instead of pre-tax basis.  This rule does not apply to SIMPLE IRAs or SEP IRAs.

Please be aware that 15^th April 2026 is the tax filing deadline for your individual federal income tax return.  It is also the deadline date for most of the state tax returns, however, there are some exceptions so please make sure you check this out.

For further information, please click: https://www.irs.gov/newsroom/one-big-beautiful-bill-provisions

If you are seeking comprehensive U.S. tax advice or looking to regularise your U.S. tax affairs, and wish to deal with a U.S. Tax Advisor, please contact us 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.

US Taxes, USA Business Tax provisions, One Big Beautiful Bill

On 4^th July 2025, the One Big Beautiful Bill Act (OBBBA) was signed into law.  It introduced several updates to federal informational reporting requirements.

1099-MISC and 1099-NEC

• It significantly raises the reporting threshold for payments made on Forms 1099-NEC and 1099-MISC.

• From 1^st January 2026, businesses will only be required to file a 1099 if their non-employee or miscellaneous income exceeds the threshold amount of $2,000.

• For those individuals working on a freelance or independent contractor/consultancy basis, it’s important to remember that you must report earnings, on your Form 1099-NEC, which have not been reported on form W-2.

• For consultants/contractors/freelancers is also important to keep in mind that while your clients won’t be sending you a 1099-NEC in relation to payments of under $2,000, you’re still responsible for reporting that income in your tax return.  For the client, however, it means that if they pay a contractor/consultant/freelancer less than $2,000 in a calendar year, the general rule is that they won’t be required to issue a Form 1099-NEC.

100% Bonus Depreciation

The One Big Beautiful Bill permanently restores the 100% bonus depreciation for qualifying business property placed in service, on/after 19^th January 2025.  Please be aware, however, if your business had a contract to acquire property prior to 20^th January 2025, the property will not qualify for the 100% bonus, even in situations where the actual acquisition happens after that date.

What is “Bonus Depreciation”?

It’s an additional first-year depreciation to incentivise businesses to invest in qualifying property.  

What does “placed in service” mean?

It means that the asset must be ready and available for its intended business use. For clarity, if you have purchased or financed equipment but it’s not ready and available for the intended business use, then it will not trigger the allowable deduction.

How is “qualifying property” defined?

Qualifying property includes property used in a trade or business or for the production of income and meets the following criteria:

• It must be tangible.

• It must be depreciable under the Modified Accelerated Cost Recovery System (MACRS)

• It must have a recovery period of 20 years or less.

• It must be placed in service after 19^th January 2025

• It can be purchased new or second hand.

• It includes computer systems, equipment, furniture, machinery, certain vehicles, etc.

• The phase-down percentages still apply to some assets, including property that was acquired on/before 19^th January 2025, even if it wasn’t placed in service until after that date.

• The Bonus Depreciation is not limited by taxable income.  Therefore, it can create or increase a net operating loss.

Enhanced Section 179 Deduction Limits

As you’re already aware, under Section 179 businesses can deduct the full purchase price of “qualifying property” during the tax year as opposed to capitalizing the expenses and depreciating them over several years. The new legislation introduced on 4^th July 2025, gives a major boost to the Section 179 deduction.  Under the previous limits for the 2025 tax year, businesses could only expense up to $1.25 million in qualifying property using Section 179.  Beginning in 2025 tax year, the increased deduction limit for certain depreciable business assets has doubled to $2.5 million.

With regard to the Higher Phase-Out Threshold, the deduction starts to phase out for total qualifying property costs over $4 million.  The previous limit was $3.13 million.

In summary, businesses can now deduct up to $2.5 million until their equipment purchases exceed $4 million.  Once purchases reach $6.5 million, the deduction phases out completely.

The OBBBA enhances section 179 expensing for tax years starting after 31^st December 2024.  This means that the changes will apply retroactively to qualifying property placed in service on or after 1^st January 2025.

What’s the difference between Bonus Depreciation and Section 179?

While you may think the 100% bonus depreciation is similar to a Section 179 deduction, you must keep in mind that Section 179 only allows eligible purchases up to $2.5 million to be fully expensed (with a phase-out once purchases exceed $4 million) while there is no dollar limit on the Bonus Depreciation.

For further information, please click: https://www.irs.gov/newsroom/one-big-beautiful-bill-provisions

If you are seeking a comprehensive and professional U.S. tax advisory of compliance service from U.S. Tax Specialists, including U.S. tax filing, please contact us 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.

US Federal Estate Tax. Irish Capital Acquisitions Tax, Inheritance Tax

Non-US individuals with assets located in the USA may be subject to US estate tax in addition to tax arising in their country of residence. Such assets include (i) U.S. Real Estate, (ii) Stocks and Shares in US corporations, (iii) Cash Deposits with US brokers, (iv) U.S. registered ETFs, (v) U.S. tangible personal property, (vi) certain business interests or debts owed by U.S. individuals, etc.  Provided the deceased person is not domiciled in the US and not a US citizen at the time of death, their estate will only be subject to Federal Estate Tax (FET) on US situs property.

When can U.S. Federal Estate Tax arise?

U.S. Federal Estate Tax can arise on the estate of a deceased Irish tax resident person if the amount of US-situs assets, held by that person, is greater than $60,000 on their death, even if that person has never lived or worked in the United States.  As a result, receiving an inheritance from a US source can have unexpected tax implications for Irish resident beneficiaries.  It’s important to take into consideration that a spousal exemption only applies if the recipient is a US citizen.

What is the U.S. Federal Estate Tax range?

U.S. Estate Tax rates range from 18% to 40% on US situs assets. The estate tax exemption is $60,000. Therefore, a US estate tax liability can be easily triggered for a non-resident, non-US individual.  If a US Federal Estate Tax liability arises, it is the Executor who will be primarily responsible for settling it.  Any tax due should be paid by filing form 706NA within nine months of the date of death.

What does Irish CAT apply to?

Irish Capital Acquisitions Tax applies to inheritances received by Irish residents, regardless of (i) where the assets are located or (ii) the tax residence of the person providing the inheritance. As a result, if an Irish resident individual inherits U.S. situs property, Irish tax obligations could arise.

When does CAT become payable?

Capital Acquisitions Tax becomes payable if (i) the beneficiary is resident or ordinarily resident in Ireland at the time of receiving the inheritance and (ii) if the total value of all gifts and inheritances received from the same disponer exceeds the relevant group class thresholds.  Unlike US FET, if an Irish resident individual receives a gift or an inheritance from their spouse or civil partner, it is exempt from CAT.

What other issues should be considered?

Other issues to consider are (i) the timing of asset transfers and (ii) currency fluctuations.

The Ireland/US Double Taxation Agreement protects against paying Inheritance Tax, in both countries, on the same assets. The specific taxes covered by this treaty are Federal Estate Tax and Capital Acquisitions Tax.

For further information, please click the following links:

https://www.revenue.ie/en/gains-gifts-and-inheritance/credits-you-can-claim-against-cat/double-taxation-relief-usa.aspx

https://www.irs.gov/businesses/small-businesses-self-employed/estate-tax-for-nonresidents-not-citizens-of-the-united-states

If you are an Irish resident individual with U.S. assets, it is recommended that you seek inheritance and estate planning tax advice to carefully manage U.S. FET exposure.  For further information, please contact us 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.

Inheritance Tax. Estate Tax Planning. Ireland, US and UK Inheritances. Capital Acquisitions Tax. Double Taxation Agreements

When making a Will, few of us consider the tax implications of leaving property and assets in more than one country.  Problems often arise where more than one jurisdiction has taxing rights in relation to those assets, therefore Estate and Succession Tax Planning is essential.  Many countries impose taxes on the death of an individual, usually, in the form of inheritance or estate taxes. In Ireland inheritance tax, currently at 33%, is charged on the taxable value of all taxable inheritances. Section 11, Capital Acquisitions Tax Consolidation Act 2003 is the relevant legislation.   The Capital Acquisitions Tax rules state that where the person either making the inheritance or receiving the inheritance is tax resident in Ireland, at the time of the inheritance, then Capital Acquisitions Tax is due on the value of the assets. In other words, an inheritance will be brought within the charge to Irish tax in the following situations:

1. the disponer is Irish resident/ordinarily resident at the date of the disposition or
2. the beneficiary is Irish resident/ordinarily resident at the date of the gift or inheritance or
3. the asset, which is subject of the gift or inheritance, is situate in Ireland.

U.K. Tax

UK Inheritance Tax is payable directly from the Estate, not by the individual Beneficiaries.  In Ireland, the beneficiaries are personally liable to pay Capital Acquisitions Tax on their inheritance. Complications can often arise because the United Kingdom’s calculation of inheritance tax is based on the market value of the property at the date of death.  The Irish CAT, on the other hand, is computed on the market value at the “valuation date” which is often much later, as it would generally be the date of the grant of representation. This timing mismatch can lead to differences in both the asset valuations for tax purposes as well as the applicable currency conversion rates.

Currently, in the United Kingdom inheritance tax of 40%, is payable on the worldwide estates of UK domiciled or deemed domiciled individuals, that exceed the nil rate band threshold of £325,000. HMRC levies inheritance tax on UK-situs property and includes (a) property, (b) business, (c) cash, (d) investments, (e) pay-outs from life insurance policies, (f) jewellery, (g) antiques, etc.  Inheritance Tax also applies to certain lifetime transfers of assets.  Private Pensions, however, are not normally liable for inheritance tax as they are outside the estate.

If your estate includes your home or principal private residence then you may be entitled to an extra allowance (the RNRB) of £125,000.

U.S. Tax

In the USA, a federal estate tax of 40% is imposed on the net value of an individual’s taxable estate at the time of death, exclusive of any exemptions or credits. The tax is payable by the estate itself before the distribution of assets to the beneficiaries.  The USA taxes its citizens and long-term residents on their worldwide estates. Property situated in the USA is liable to Estate tax regardless of citizenship or residence status of the individual. Some states impose an additional estate or inheritance tax.  If applicable, an inheritance tax is calculated on the value of inherited assets received by a beneficiary after the death of the disponer.  It’s important to bear in mind that the federal tax payment deadline can precede the Irish Capital Acquisitions Tax deadline, depending on the valuation date of the inheritance which can cause problems.

The concept of “Domicile” is central to the treaty’s application. Broadly, an individual is considered to be domiciled in the US for estate tax purposes if they live in the United States with no present intention of leaving.  While there is no legal definition, the criteria for determining domicile for US estate tax purposes is different to the requirements for determining US income tax residence.  In other words, an individual may be considered U.S. resident for Income Tax purposes but not U.S. domiciled for Estate tax purposes. US domiciled individuals and U.S. citizens are taxed on the market value of their worldwide assets at the date of death. Non-US domiciled individuals, however, are liable to Federal Estate tax on the market value of their US “situs” assets.

Double Taxation

If the deceased individual owned property in one jurisdiction but leaves this property to a beneficiary who is resident in a different jurisdiction, then the possibility of double taxation arises.

Ireland has double taxation agreements with over seventy countries worldwide. With regard to Inheritance Tax, however, there are only two:

1. The Ireland/UK Double Taxation Treaty which covers both gift and inheritance tax.

2. The Ireland/US Double Taxation Agreement which only applies to Inheritance Tax. It covers Capital Acquisitions Tax but not U.S. State Taxes.

In claiming a tax credit under the DTA, the credit is granted to the person who is actually liable for UK tax.  In general, this would be the residuary legatee.  The tax credit is available only where the same event gives rise to tax in both jurisdictions.

In situations where no double taxation agreement is applicable, unilateral relief may apply. Unilateral Relief applies when the gift or inheritance consists of foreign property on which similar foreign taxes are imposed by the tax authorities in the corresponding jurisdiction. When computing the CAT liability and filing the Irish IT38 Tax Return, the tax credit equals the lower of (a) the Irish CAT arising on the foreign property and (b) the foreign tax charged by the other country.

When making a claim for Double Taxation Relief or a refund of the inheritance tax charged by the other jurisdiction, the personal representative should request a Letter of Residence from the Irish Revenue Commissioners.

For further information, please click: https://www.revenue.ie/en/tax-professionals/tdm/capital-acquisitions-tax/cat-part01-20181009072201.pdf

What we can do for you

We have a comprehensive understanding of our clients’ requirements.  This coupled with our extensive experience of Irish and International succession, trust and estate tax planning enable us to create tax efficient strategies for passing wealth to the next generation for our diverse client base.  For further information, please contact us 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.

2017 Tax Reform for Economic Growth and American Jobs

The Biggest Individual And Business Tax Cut In American History

Top Line:

The U.S. tax code is overcomplicated and fails to create enough jobs, or provide relief to middle class families.

–          Since 2001, the U.S. tax code has faced nearly 6,000 changes, more than one per day.

–          Taxpayers spend nearly 7 billion hours and over $250 billion annually on compliance costs.

–          The U.S. has the highest statutory tax rate in the developed world, discouraging business investment and job creation.

President Trump is proposing the largest tax cut for individuals and businesses in U.S. history.

–          It will simplify the tax code, incentivize investment and growth and create jobs.

–          It will provide historic tax relief for middle income families and small business owners.

The Need For Comprehensive Tax Reform

An overly complex tax code is confusing and burdensome on American taxpayers.

–          The last major effort to successfully reform the U.S. tax code was over 30 years ago under President Reagan.

–          Today, according to the IRS’ National Taxpayer Advocate, the federal tax code is nearly four million words long.

–          Congress has made more than 5,900 changes to the federal tax code since 2001 alone, averaging more than one change a day.

–          The National Taxpayers Union estimates that Americans spend 6.989 billion hours at a cost of more than $262 billion on compliance and record keeping costs.

–          Instead of a single tax form, the IRS now 199 individual income tax forms and 235 business tax return forms.

–          Approximately 90% of taxpayers need help doing their taxes.

Today, with a corporate tax rate of 35%, U.S. businesses face the highest statutory tax rate in the developed world, and fourth highest effective tax rate, which discourages job creation or investment.

–          The U.S. is out of step with its competitors, having the highest corporate income tax rate among the 35 OECD nations and being the only nation that has increased its rate since 1988.

–          A lower business tax rate will discourage corporate inversions and companies from moving jobs overseas.

–          The high corporate tax rate keeps trillions of business assets overseas rather than being reinvested back home.

–          Even President Obama proposed lowering the business tax rate to 28 per cent to help spur economic activity.

Tax Reform for Economic Growth and American Jobs: The Biggest Individual And Business Tax Cut In American History

Goals For Tax Reform

–          Grow the economy and create millions of jobs

–          Simplify our burdensome tax code

–          Provide tax relief to American families-especially middle-income families

–          Lower the business tax rate from one of the highest in the world to one of the lowest

Individual Reform

–          Tax relief for American families, especially middle-income families:

–        Reducing the 7 tax brackets to 3 tax brackets of 10%, 25% and 35%

–        Doubling the standard deduction

–        Providing tax relief for families with child and dependent care expenses

Simplification:

–          Eliminate targeted tax breaks that mainly benefit the wealthiest taxpayers

–          Protect the home ownership and charitable gift tax deductions

–          Repeal the Alternative Minimum Tax

–          Repeal the death tax

Repeal the 3.8% Obama care tax that hits small businesses and investment income

. Business Reform

–          15% business tax rate

–          Territorial tax system to level the playing field for American companies

–          One-time tax on trillions of dollars held overseas

–          Eliminate tax breaks for special interests

Process

–          Throughout the month of May, the Trump Administration will hold listening sessions with stakeholders to receive their input.

–          Working with the House and Senate, the Administration will develop the details of a tax plan that provides massive tax relief, creates jobs, and makes America more competitive – and can pass both chambers.

Information courtesy of WHfactsheet04262017.pdf

For further information, please click: https://trumpwhitehouse.archives.gov/articles/president-trump-proposed-massive-tax-cut-heres-need-know/

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.