2010 FINANCE BILL SUMMARY
Start-up Companies
The relief from corporation tax for start-up companies has been extended to those companies commencing to trade in 2010. It applies for 3 years from the commencement of the trade. To qualify for the relief the Corporation Tax that would have been payable must not exceed €40,000. The relief does not apply to professional service companies.
Childcare Capital Allowances Scheme
The Bill proposes to terminate the scheme of capital allowances for expenditure incurred on the construction, conversion or refurbishment of buildings used as childcare facilities. Transitional measures will apply to projects in the pipeline. A termination date of 30 September 2010 will apply unless certain qualifying conditions are met.
Capital Allowances on Energy Efficient Equipment
The categories of energy-efficient equipment qualifying for 100% capital allowances in the year of purchase, where purchased for trading purposes, are being extended to include refrigeration and cooling systems and catering and hospitality equipment.
Income Tax
Restriction of Reliefs for High Earners
Section 22 of the Finance Bill outlines the means of increasing the effective rate of income tax for ‘high income’ individual taxpayers to 30% (previously 20%) applying greater restrictions on the use of certain income tax reliefs.
- The full restriction will apply where adjusted income is over €400,000 (previously €500,000).
- The entry level to which the restriction will apply is reduced from €250,000 to €125,000.
- The formula for calculating the restriction in section 485E TCA 1997 is amended so that the amount of specified reliefs allowed is the greater of €80,000 (previously €125,000) and 20% (previously 50%) of the individual’s adjusted income for the tax year. This should give an effective rate of income tax of at least 30% where adjusted income is over €400,000.
- There is no change to the list of specified reliefs as contained in Schedule 25B TCA 1997.
- The changes do not appear to simplify the legislation or clarify an anomaly in relation to the new reduced entry point of €125k and the current permitted annual income tax relief of €150k for BES investments, both of which were addressed in our pre Finance Bill submission.
- The changes apply from 2010 and subsequent tax years.
Rental Income
- Capital allowances arising in the year are to be deducted in priority to losses carried forward from a prior year.
Remittance Basis
- The Bill proposes to abolish the existing remittance basis of taxation for Irish domiciled individuals who are not ordinarily resident in Ireland.
- Furthermore, Revenue must be satisfied of an individual’s non Irish domicile status for the remittance basis to apply.
- This change applies with effect from 1 January 2010.
Special Assignment Relief
- A special assignment relief was introduced in Finance Act (No.2) 2008 to attract key talent from overseas.
- The relief applied to non Irish domiciled individuals who are nationals of non EEA countries and with whom Ireland has a tax treaty.
- The Bill extends the relief to include EU and EEA nationals who are non Irish domiciled. In addition the Bill reduces the period of assignment to Ireland to one year from three years.
- The changes will apply to individuals who come to live and work in Ireland on or after 1 January 2010.
Domicile Levy
- The bill introduces a new €200,000 levy for individuals from 2010 onwards
o Whose liability to Irish income tax is less than €200,000,
o whose worldwide income for a tax year is over €1m
o and whose Irish situated property is valued at over €5m on a valuation date.
- The levy applies to individuals who are Irish domiciled and Irish citizens regardless of residence.
- Irish income tax will be allowed as a credit against the domicile levy.
- In calculating the value of Irish property no deduction is given for borrowings.
- The valuation date is 31 December for the year in question.
- For 2010, the levy will be payable on or before 31 October 2011.
- Reassuringly, shares in trading companies are excluded from the definition of Irish situated property for the purposes of the €5m test.
Income levy
The Bill provides broadly an extension of relief from the income levy with regard to earnings from foreign employments as follows:
- Cases where cross border relief applies
- Income subject to a PAYE exclusion order
Mortgage Interest Relief
- Mortgage interest relief is extended to 2017 for qualifying loans taken out on or before 31 December 2011. Current rates and levels of relief will apply to these loans.
- Qualifying loans taken out during 2012 will get relief at 15 per cent for first-time-buyers and 10 per cent for non first time buyers. Secondly, the ceiling of qualifying interest for all these qualifying loans will be €6,000 in respect of married or widowed persons and €3,000 for others (irrespective of whether the borrower is a first-time-buyer or non-first-time-buyer).
- Loans taken out on or after 1 January 2013 will not qualify for mortgage interest relief
- Mortgage interest relief will be abolished completely for the tax year 2018 and subsequent tax years.
Relief for Health Expenses
- The Minister may deem certain treatments ineligible for tax relief where those treatments would be considered to be contrary to public policy.
- Disallowance of cosmetic surgery unless such surgery is necessary to ameliorate a physical deformity arising from, or directly related to a congenital abnormality, a personal injury or a disfiguring disease.
- Hospitals subject to some conditions, no longer need the approval of the Minister for Finance before a claim for expenses can be made. Nursing Home fees will qualify for relief provided 24 hour on site qualified nursing care is available.
PAYE Credit for Proprietary Directors
- The Bill provides that the credit can only be given to the extent that PAYE has been deducted.
Bin charges
- Abolition of income tax relief for service charges paid in 2011 and subsequent years. In 2011 you will be able to claim relief for service charges paid in 2010.
Capital Acquisitions Tax
- Introduction of a pay and file regime for CAT. The pay and file deadline will be aligned with the Income Tax Deadline of 31 October.
- The tax year will be split into 2 periods. Where the valuation date for the gift or inheritance arises between 1 January and 31 August the pay and file deadline will be on 31 October in that year. Where the valuation date arises between 1 September and 31 December the pay and file deadline will be 31 October in the following year. The extended ROS filing deadline will apply where ROS is used.
- E-Filing will be required where certain reliefs are being claimed.
- Requirement for an Irish resident “agent” to be responsible for pay and file procedures where beneficiaries are non-resident.
Capital gains tax
- Regarding a CPO
- The date of the sale will be deemed to be when consideration received.
- Where the recipient has dies the date of sale is immediately before death.
- CGT retirement relief will include payments received under a buy-back or redemption of shares (which are not treated as a distribution) provided all other conditions are met. Companies will have to notify Revenue of buybacks to which CGT treatment applies.
- The Bill proposes amendments to the 80% “windfall tax” introduced by the NAMA legislation by providing for an exemption for disposals of small sites of under 1 acre and with a market value below €250,000. It also extends the remit of the tax to profits or gains attributable to planning decisions which may be in contravention of the development plan for the area
VAT
- VAT rate reduced from 21.5% to 21%
VAT Margin scheme for second hand car dealers
- Under the new scheme dealers will be required to pay VAT on the margin earned on the sale of second hand cars acquired on or after 1 January 2010. There are transitional provisions covering the period 1 January 2010 to 30 June 2010.
- A similar scheme will apply to the sale of second hand agricultural machinery.
Anti-avoidance
- Restrictions will apply on allowable CGT losses in cases where arrangements were in place to secure a tax advantage
- Rent-a-room relief will not be available where the recipient is an employee or office-holder of the person making the payment
Tax Administration
- A number of changes to RCT administration have been made. These include the possibility for a reduced return/payment frequency for principal contractors and they enable Revenue issue certificates of authorisation (C2s) to cover 2 tax years, rather than the current legislative limit of 1 year. Revenue can also increase the limit on a relevant payments card (C47) unilaterally.
- Section 1094 and 1095 TCA 1997 which relate to the issue of Tax Clearance Certificates have been amended so that a taxpayer must be compliant with Customs and Excise obligations before certificates will issue.
Capital Acquisitions Tax – 2010 Group Thresholds
Group A €414,799 – Applies where the beneficiary is a child (including adopted child, step-child, and certain foster children) or minor child of a deceased child of the disponer. In certain circumstances parents also fall within this threshold where they take an inheritance from a child.
Group B €41,481 – Applies where the beneficiary is a brother, sister, niece, nephew, or lineal ancestor or lineal descendant of the disponer.
Group C €20,740 – Applies in all other cases.