Sunday Independent (Ireland)

Build on the Budget by focusing on helping entreprene­urs and taxpayers

- Tom Maguire is a tax partner in Deloitte

BUDGET night is Oscar night for tax advisers. The law on which they advise will change in the Finance Act and they get a preview in the Budget of some of the forthcomin­g “attraction­s”. Generally the act goes beyond the Budget in terms of law change and it’s hoped that will be the case here.

Don’t get me wrong, there was a lot of good tax stuff in the Budget unless you like the odd sugar-laced drink after your sunbed session. Both will cost more but you may have driven there in your electric car without a benefit-in-kind charge on it (if it’s your employer’s) or on the electric charge it got to get you there (on your car), so all good.

Income tax has been reduced because cash in hand matters. Earlier this year I wrote about the war for talent which suggested a share-based remunerati­on package for employees.

The Budget has proposed such a regime in the Key Employee Engagement Programme (KEEP) for SMEs where the employee will only suffer Capital Gains Tax (CGT) at 33pc on the disposal of the shares acquired, marking a potentiall­y substantia­l saving on income tax (Small print: Subject to EU approval but engagement is expected to conclude shortly).

This is a step in the right direction in keeping appropriat­e talent sufficient­ly rewarded at entreprene­urial companies. But the question remains regarding the entreprene­urs themselves; there was no proposed reduction in the CGT rate which at 33pc remains one of the highest rates in the OECD. That matters. Especially when you consider the rate was 20pc back in 1998 having decreased from 40pc before that. When the rate dropped its yield increased substantia­lly and we should think about this again.

Further, if an entreprene­ur builds up a business then he or she can avail of entreprene­ur relief which reduces the rate to 10pc on the first €1m of gains on disposing of the business. To qualify, among other conditions, an individual must own at least 5pc of the business and have spent a certain proportion of their time working there as a director or employee for three out of the previous five years, prior to disposal. However, the UK offers a 10pc rate on £10m of gains over a lifetime which allows an appropriat­ely timed changing of the guard at the business.

This difference was not recognised in Budget 2018 and in my view should be considered in the Finance Bill to ensure competitiv­eness and encourage entreprene­urs.

On company taxation, the 12.5pc rate was once again reaffirmed, which is always welcome. There was a corporate tax amendment regarding tax depreciati­on for intellectu­al property acquired after the budget.

This change was brought about allowing for the “smoothing” of corporatio­n tax receipts by restrictin­g the allowances to 80pc of relevant income. The companies still get the allowances ,but over a longer period thereby accelerati­ng tax payments for such companies.

The OECD’s Base Erosion and Profit Shifting (BEPS) initiative required that profits accruing to such IP should be matched by appropriat­e “in country” substance. This was recognised by the Tax Strategy Group in their recent report, which shows that the claims for capital allowances on such assets have risen from €2.7bn in 2014 to €28.9bn in 2015.

It explains that “given the 2015 GDP revision, some of which related to the onshoring of IP, it was not unexpected to see a significan­t increase in capital allowances relating to IP”. Arguably, the capital allowance was doing what it was supposed to be doing and smoothing prevailed.

We’re already thinking of future budgets given the important public consultati­ons accompanyi­ng the Budget documents. These came about following economist Seamus Coffey’s impressive review of Ireland’s corporatio­n tax system.

But an equivalent review of the personal tax regime wouldn’t go astray as it continues to be increasing­ly complex and marked by high marginal rates by global standards. Perhaps it could be considered as part of the proposed PRSI-USC merger initiative.

I’ve always said consultati­on with us decreases consternat­ion among us. Therefore this process is welcome but some of the suggested changes in the proposed consultati­on would bring about significan­t impacts for corporate taxpayers, large and small.

Take transfer pricing. The current law applies to large companies’ trading transactio­ns. The consultati­on questions whether that regime should be extended to all corporate transactio­ns between related companies.

Depending on circumstan­ces that could bring about a mismatch regarding the taxation of such transactio­ns at 25pc in one company with a correspond­ing 12.5pc deduction in the related company. The Internatio­nal Tax Strategy budget document speaks of maintainin­g a 12.5pc rate on trading income with 25pc for other income but such mismatch should be considered if the all corporate transactio­ns suggestion were to be acted upon.

Transfer pricing requires arm’s length prices to be charged for goods and services provided between commonly owned companies.

The consultati­on suggests including SMEs, meaning they may have to document their approach to charging related companies for goods and other services. That’s a lot of effort which currently doesn’t happen.

Other countries have specific reliefs for SMEs from transfer pricing and the question is whether the benefits arising would outweigh the resulting costs; hence the consultati­on. A period of almost four months is given for this consultati­on thereby indicating its importance. One of the Budget’s biggest revenue raisers is the increased stamp duty on commercial property. It had been mooted that the rate would be increased to 4pc, which would have been fairer and would keep us competitiv­e in our offering to foreign investors.

Like the Oscars, there are winners and losers in all budgets. We now await the Finance Bill for further detail.

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TOM MAGUIRE

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