The big story over the last year in Ireland has been a non-story. Despite pressure from France and Germany and the government agreeing to participate in negotiations with the European Commission and other member states on the common consolidated corporate ...
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The big story over the last year in Ireland has been a non-story. Despite pressure from France and Germany and the government agreeing to participate in negotiations with the European Commission and other member states on the common consolidated corporate tax base, politicians, not only in the ruling coalition, have dismissed any possibility of raising the existing 12.5% rate. "One can never say never but I think the 12.5% rate is here to stay" said one adviser. "The corporate tax rate won't change" said another.
Unusually for a fiscal policy matter, the entire political class agrees that a low corporate tax policy is crucial if Ireland is to remain competitive internationally. One of the remarkable things is the level of optimism among the tax professionals interviewed considering the nation's sovereign debt issues. "Ireland is very much open for business" said one adviser. "We did get a refinancing from the IMF but the economy did have the potential to pay it off".
This optimism is reflected in the complexity and scope of international transactions the firms listed have worked on. Foreign direct investment (FDI) is on the up, particularly from US multinationals. Cross-border work from the UK is down after the introduction of more favourable controlled foreign company rules there, though advisers seem optimistic about the future of FDI from Asia; Ireland recently signed a double tax treaty with Hong Kong.
In one of the biggest changes of the year the Finance Act 2011 has extended the asset classes that can be held by section 110 companies to include commodities, ships and aircrafts among others. This has boosted the amount of structured finance work undertaken by firms this year. The Irish government also published in July proposals to extend Ireland's already generous 25% R&D tax credit regime.
There are, though, as one adviser puts it "almost two economies" in Ireland – the domestic one continues to suffer, though paradoxically the decline in labour costs and property prices serves to encourage multinationals to relocate to Ireland. Nearly all of the firms mentioned have done some work for the National Asset Management Agency (Nama), Ireland's so-called bad bank, which is dealing with the non-performing loans – predominantly from the property sector – of the country's banks.
The establishment by Maples and Calder and Walkers Global of Irish tax practices have added to competition in the market. Dechert also has an office in Dublin that deals with funds work, but no tax advisers stationed there permanently yet.
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