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).
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:
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.
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.
Section 18 of the Finance Bill 2021 brings non Irish resident companies, in receipt of Irish rental income, within the charge to Corporation Tax (CT). Previously these companies were liable to Income Tax on their Irish rental profits.
Prior to the Finance Act 2021 amendment, non Irish resident companies, where no Irish branch existed, were liable to income tax at 20% on their rental income while Irish tax resident companies were, instead, liable to corporation tax at 25% on their rental income.
In circumstances where non-resident companies dispose of assets which had previously generated Irish rental income, any chargeable gains are now within the charge to corporation tax at 33% as opposed to capital gains tax, which is also at 33%. In other words, this amendment does not give rise to any additional tax as the effective rate of tax is 33% but the Corporate Tax rules now apply as opposed to the Capital Gains Tax rules.
There are no restrictions on the carry forward of rental losses and capital allowances in the change from the income tax regime to the corporation tax rules.
The payment date for certain affected companies’ preliminary corporation tax for 2022 has been adjusted. Those companies whose accounting period ends between 1st January 2022 and 30th June 2022 have until 23rd June 2022 to pay preliminary corporation tax in a further measure to ease the transition from the Income Tax to the Corporation Tax regime.
From today, non-resident corporate landlords will now also be subject to the new interest limitation rules which have been introduced to comply with the EU’s Anti-Tax Avoidance Directives. These new rules link the taxpayer’s allowable net borrowing/financing/leverage costs directly to its level of earnings. The ILR does this by limiting the maximum tax deduction for net borrowing costs to 30% of Tax EBITDA. In other words, the ILR will cap deductions for net borrowing costs at 30% of a corporate taxpayer’s earnings before interest, tax, depreciation, and amortisation, as measured under tax principles.
For further information, please click: https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-45/45-01-04.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.
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.
Finance Bill – Capital Gains Tax. Income Tax. Corporation Tax. Stamp Duty. VAT. Personal Tax Reliefs
On 24th October 2013 the Finance (No. 2) Bill 2013 was published which confirmed the measures introduced by the Budget. It includes details on new income tax reliefs (a)the Home Renovation Incentive and (b) the Start Your Own Business Relief. There have also been changes to VAT, Capital Gains Tax (CGT), Stamp Duty and a change to Tax Residency Rules for Stateless Companies.
As the main priorities in Ireland at the moment are job creation and enterprise growth the following tax packages were introduced:
This is a new Capital Gains Tax relief which is aimed at entrepreneurs investing in assets used in new productive trading activities. The purpose is to encourage individuals to reinvest the sales proceeds from the sale/disposal of a previous asset into new productive trading or a new company. The main aspects of the relief are as follows:
(a) It applies to an individual
(b) who has paid Capital Gains Tax on the sale/disposal of an asset and
(c) invests in a new business
(d) at a cost of at least €10,000
(e) between 1st January 2014 and 31st December 2018.
(f) The investment cannot be disposed of earlier than three years after the investment date.
(g) Once the new investment is sold the Capital Gains Tax arising with be reduced by the lower of:
The assets must be chargeable business assets. Goodwill is included in this definition as are new ordinary shares in micro, small or medium sized enterprises after 1st January 2014. The main conditions are:
NOTE: Please be aware the commencement of this measure is subject to E.U. State Aid approval.
This is an exemption from Income Tax but not from Universal Social Charge and PRSI for a long term unemployed individual who is starting up a new, unincorporated business.
It means some one who is continuously unemployed for the previous fifteen months.
The first €40,000 of profits earned per annum will be exempt from Income Tax for two years.
The main points of this new measure are:
The transfer of shares listed on the ESM (Enterprise Securities Market) of the Irish Stock Exchange will be exempt from Stamp Duty. The ESM is the ISE’s market for growth companies.
The current stamp duty rate is 1%.
NOTE: Please be aware that this measure is subject to a commencement order.
The aim of this change is to assist smaller companies to access the tax credit without reference to the base year. The following changes have been made and will take place in the accounting periods starting on or after 1st January 2014:
There have been two major VAT changes:
The construction and building sectors saw the introduction of welcome changes:
The urban regeneration initiative has been extended to include residential properties constructed up to and including 1914 and covers the cities of Cork, Dublin, Galway and Kilkenny.
The aim is to stimulate regeneration of retail and commercial districts as well as to encourage families to return to historic buildings in Irish city centres.
HOME RENOVATION INCENTIVE
This is a new Income Tax incentive for home owners who:
What kind of relief is available?
Relief is available in the form of an Income Tax Credit of 13½% on qualifying expenditure between €5,000 (minimum) and €30,000 (maximum).
What does “Qualifying Work” mean?
Building extensions, window fittings, plumbing and tiling, plastering, etc. carried out by tax compliant builders.
How does the relief work?
Note: It is essential to keep in mind that the Revenue on-line system will track information on contractors involved and work carried out.
There were a number of other budget changes which will have a huge impact on our economy:
One Parent Family Tax Credit
Medical Insurance Tax Relief
Top Slicing Relief
Top Slicing Relief has been abolished completely for all ex-gratia lump sums paid on or after 1st January 2014.
D.I.R.T. (Deposit Interest Retention Tax)
COMPANY TAX RESIDENCE
There were changes to the company tax residence rules.
The company will be regarded as Irish resident for tax purposes where an Irish incorporated company is managed and controlled in another E.U. member state or treaty state and is not regarded as tax resident in any territory.
This applies from 24th October 2013 for companies incorporated after that date or 1st January 2015 for companies incorporated before 24th October 2013.
For further information, please click: https://www.irishstatutebook.ie/eli/2013/act/41/enacted/en/html
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.