Amid the gloom about Ireland's economy and the different strategies that have been employed and suggested to fix it, one thing has remained constant: the 12.5% tax rate for active business income. One of the terms of reference for the Commission on Taxation, ...
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Amid the gloom about Ireland's economy and the different strategies that have been employed and suggested to fix it, one thing has remained constant: the 12.5% tax rate for active business income. One of the terms of reference for the Commission on Taxation, which was promised as part of the incoming government's programme after the last general election in 2007, was that the rate, which has been so successful in attracting foreign direct investment in the last decade or more, would not be touched.
The commission's report was published on September 7 2009 and included proposals to introduce new taxes on carbon and property, and to scrap stamp duty on share transactions.
Ireland has had two budgets in the last 12 months. Last year, the regular December announcement was brought forward to October because of the serious economic situation. A further deterioration meant an emergency budget was necessary in April.
This second statement was more significant for corporate taxpayers. The government used it and the Finance Bill, which was published in May, to introduce a new tax relief regime for intellectual property. Taxpayers can opt to claim the relief on capital expenditure through standard accounting treatment which will based on the amount charged in the profit and loss account, depending on the increase or decrease in value of a patent, trade mark, copyright or other intangible asset. The alternative is to claim the relief over 20 years at an annual 7% for the first 14 years, with the remaining 2% in the final year.
The first budget was less exciting, though it did include an increase in the R&D tax credit, from 20% to 25%, and a decision to make available certain exemptions that may be dependent on a tax treaty Ireland has signed with another territory, before the agreement is ratified by the other signatory.
Though tax practitioners, particularly at law firms, mention that the work is there for more staff, firms are cautious about hiring now in case the economy dips again. The pounding that the indigenous property developers have taken, has meant that tax advisers to this sector have also suffered. The next stage for the non-performing and under-performing loans held by banks is the creation of Nama (National Asset Management Agency) – if the legislation is passed by the Oireachtas (Parliament) – which will buy these debts from banks. The Bill was due for discussion in mid-September.
"Simplicity is key at the moment for clients," says the head of tax at one law firm. "Getting the tax right is the focus, rather than being at the cutting edge of planning.
"Budgets are being trimmed at corporate tax departments," says another head of tax at a private-practice firm. "The payback has to be fairly immediate."
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