Ireland’s VAT Rate Changes from 1 July 2026: What Businesses Need to Know

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Ireland’s VAT Rate Changes from 1 July 2026: What Businesses Need to Know

Revenue has confirmed a permanent reduction in VAT rates for food, catering and hairdressing services from 1 July 2026. It is designed to alleviate some of the pressure on SMEs, such as rising energy costs, higher wages and insurance, and declining sales, while also helping to maintain jobs and sector stability. The lower rate is also intended to help households manage cost‑of‑living pressures.

What’s Changing

According to the new guidance, the VAT rate will be reduced from 13.5% to 9%. A VAT rate of 9% was first introduced as a tax subsidy during the Covid-19 period, with the current rate of 13.5% re-established in September 2023.  Unlike the previous 9% rate, which was more general and applied to hotel or similar holiday accommodation, it is more targeted and specifically applies to:

  • Restaurant and café catering services (excluding alcohol, soft drinks, and bottled water)
  • Takeaway food
  • Hairdressing services

What’s Unchanged

Households and businesses will continue to benefit from the reduced 9% rate on electricity and gas bills until 2030. VAT rates on qualifying new build apartments will remain at 9%, effective from 8 October 2025 to 31 December 2030.  This intervention aims to increase housing supply by making building apartments more viable to developers grappling with rising construction costs.

What it Means for Businesses

To prepare for the VAT reduction, businesses in hospitality, catering and hairdressing sectors should focus on the following:

  1. Update your pricing systems:
    Businesses must update their Point-of-Sale (POS) and accounting systems to correctly apply the 9% rate to relevant items from July 1st, while ensuring items that don’t qualify (like alcohol or, in some cases, hotel accommodation) remain at the 23% or 13.5% rate. Miscalculating this can lead to penalties or unexpected tax debts.
  1. Improve Margins Transparently:
    Businesses will need to decide how they intend to reflect the VAT reduction in their pricing, whether by passing savings on to customers or retaining some profit margin. All menus and service prices should be updated before 1 July 2026.Some businesses will understandably see an opportunity to offset increased energy, labour and operational costs. However, businesses should be mindful that if VAT drops from 13.5% to 9% and prices remain unchanged, customers may see this as unfair or opportunistic.
  1. Adjust Cash Flow Forecasts:
    Businesses should be aware that the lower rate will mean slightly less VAT to pay to Revenue, which may affect cash flow timing. Because of the delay between collecting VAT from customers and paying it to Revenue, many businesses effectively use this as short-term working capital. A reduced VAT rate means less of this cash on hand, increasing the need for accurate cash flow forecasts to cover day-to-day operations.

Next Steps

With the 1 July implementation date approaching, businesses should take the following steps to prepare:

  1. Review product/service catalogues to identify which items will be affected by the reduced rate and update accordingly.
  2. Update internal systems, pricing labels and menus well in advance of 1 July.
  3. Ensure staff are aware of the changes and can clearly explain any pricing changes to customers.

How We Can Help

Our Accounting & Financial Advisory team are supporting clients in preparing for the upcoming VAT changes. Whether you need assistance reviewing VAT treatment, updating systems, or assessing the wider impact on pricing and cash flow, we can help ensure a smooth and compliant transition.

If you would like to discuss how these changes may affect your business, please contact us.

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New €3 customs duty for low-value parcels imported into the EU

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New €3 customs duty for low-value parcels imported into the EU

From 1 July 2026, low-value parcels imported into the European Union will no longer benefit from customs duty relief. Instead, a fixed customs duty of €3 will apply to goods valued at less than €150 entering the EU, a change that is expected to have a significant impact on cross-border e-commerce and import compliance.

How the new €3 duty will apply

The new €3 duty will be applied to each different item in a consignment according to its tariff heading, meaning that a single parcel containing multiple product types may attract more than one charge. For example, a parcel contains 1 blouse made of silk and 2 blouses made of wool. Due to their different tariff headings, the parcel contains two distinct items and €6 in customs duty should be paid.

The measure will apply to goods entering the EU where non-EU sellers are registered in the EU’s import one-stop shop (IOSS) for VAT.

Importantly, this customs duty is separate from the proposed handling fee that is to be introduced by all EU countries before 1 November 2026.

Interim Measure

This €3 duty is an interim measure and is expected to remain in place until 1 July 2028 but may be extended. It is designed to apply until the full EU customs reform package comes into effect. At that point, the current €150 threshold will be removed entirely and goods below that value will instead be subject to the normal EU customs duty rates for the relevant products.

Implications for Cross-Border e-Commerce Traders

This represents an additional cost for non-EU traders selling into the EU. Traders should review their pricing model for the EU market to ensure profitability and should work with their carriers to ensure tariff headings for parcels entering the EU are declared accurately.

Should you require any assistance in this area, please contact us.

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Tax Relief for New Start-Up Companies

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Tax Relief for New Start-Up Companies

New start-up companies who set up and commence a qualifying trade on or before 31 December 2026 may be able to reduce their corporation tax bill for their first 5 years of trading.

The aim of the relief is to support businesses in the early stages of growth by reducing, and in some cases fully eliminating, corporation tax payable on the profits of the new trade and certain chargeable gains, helping to improve cash flow while the business is getting established.

The relief applies where the company’s total corporation tax payable for the period does not exceed €40,000. Marginal relief is also available where the total corporation tax payable is more than €40,000 but less than €60,000.

The relief available each year is linked to the total Employer’s Pay Related Social Insurance (PRSI) the company pays for its employees and directors. This includes Employer’s PRSI up to a maximum of €5,000 per employee and Class S PRSI up to a maximum of €1,000 per director.

Any unused relief arising in the first 5 years of trading, due to losses or insufficient profits, may be carried forward for use in subsequent years.

This relief is intended for genuine trading activities and does not apply to investment or passive income.

Qualifying Conditions

  1. The company must be incorporated in the State, the EU/EEA or in the United Kingdom on or after 14 October 2008.
  2. The company must set up and commence a “qualifying trade” in the period beginning on 1 January 2009 and ending on 31 December 2026. The following are not qualifying trades for the purpose of this relief:
    • A trade that was carried on previously by another person (this rules out sole traders incorporating their trade into a limited company).
    • An existing trade (this rules out forming a new company and acquiring a new trade).
    • An excepted trade (i.e. dealing in or developing land, exploration and extraction of petroleum or working minerals).
    • Service company activities that come within S. 441 TCA close company provisions.
    • A trade if carried on by an associated company of the new company would form part of the existing trade carried on by the associated company.
  3. The company does not exceed the specified levels of corporation tax due.

Example A:

A start-up company’s corporation tax for an accounting period is €20,000, referable entirely to income and gains from a qualifying trade. The total amount of qualifying Employer’s PRSI paid in the accounting period is €17,000.

The amount of relief available for the accounting period is €17,000, meaning the corporation tax referable to income and gains of the qualifying trade is reduced from €20,000 to €3,000.

Example B:

A start-up company’s corporation tax referable to income and gains from a qualifying trade for an accounting period is €20,000. The company also has corporation tax of €3,000 due on its investment income. The total amount of qualifying Employer’s PRSI paid in the accounting period is €25,000.

The amount of relief available for the accounting period is €20,000, meaning the corporation tax referable to income and gains of the qualifying trade is reduced to nil. The company must pay corporation tax of €3,000 on its investment income. The excess relief amount of €5,000 can be carried forward for use in future accounting periods following the five-year relevant period.

Example C:

The total corporation tax payable by a start-up company for an accounting period is €16,000. This refers entirely to income from a qualifying trade. The company has three employees and paid the following amounts of Employer’s PRSI in the accounting period:

Employee Details Employer’s PRSI paid €
Employee 1 2,000
Employee 2 3,000
Employee 3 6,000
Total PRSI 11,000

The amount of qualifying Employer’s PRSI is capped at €5,000 per employee. Therefore, the aggregate amount of qualifying Employer’s PRSI for the period is €10,000 (i.e. €2,000 plus €3,000 plus €5,000).

The relief available is €10,000, meaning the corporation tax of €16,000 referable to income of the qualifying trade is reduced to €6,000.

Conclusion

This relief can be particularly valuable for new businesses with employees, but careful planning at the start of the business is important to ensure the relief can be accessed and fully utilised.

Should you require any assistance in this area, please contact us.

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Revenue clarifies its position on RCT for Mixed Contracts

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Revenue clarifies its position on RCT for Mixed Contracts

Revenue previously updated its Relevant Contracts Tax Manual in June 2025 to include a detailed section on contracts for the acquisition of property, especially where both construction services and land supply are involved.

The guidance confirmed that where a contract provides for both construction services and the supply of land, only the construction services are subject to RCT. If there is a single consideration for both, the principal must apportion the amount applicable to construction services. This marks a change from previous Revenue guidance, which stated that if any part of a contract was for relevant operations (construction, meat processing or forestry), all payments under that contract were liable for RCT.

In a welcome development, Revenue has now updated its Relevant Contracts Tax Manual in February 2026 in relation to mixed contracts. Mixed contracts include elements within the scope of RCT and elements that fall outside it, for example:

  • A contract to provide design‑and‑build services to a principal; and
  • A contract for the supply and installation of systems in a building or structure.

Revenue’s most recent guidance now confirms that where a single contract price covers both RCT‑relevant and non‑RCT elements, the principal is required to apportion the consideration. RCT should then be applied only to the portion of the contract relating to construction operations.

What Does This Mean for Mixed Contracts?

  • The legislation does not provide for RCT to apply to services outside the definition of construction, meat processing, or forestry operations.
  • For mixed contracts, the contract value must be apportioned between construction services (the relevant contract) and other elements (e.g., sale of land, design services, materials).
  • Activities that are integral to an overall construction project (e.g. site clearance, excavation, tunnelling and boring, laying of foundations, erection of scaffolding, site restoration, landscaping and the provision of roadways and other access works) remain within the scope of RCT.

What Does This Mean for Repair & Maintenance Contracts?

The new guidance maintains Revenue’s position that RCT applies to contracts for repair work and to contracts for repair and maintenance work.

Takeaway for Contracts with Mixed Elements:

If you’re entering into contracts that combine construction, meat processing, or forestry operations with other services or sales, ensure you can clearly apportion the contract value. RCT will only apply to the part of the contract that relates to relevant operations.

Should you require any assistance in this area, please contact us.

 

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New Government AI Guidelines May Be Too Broad for Practical Use

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New Government AI Guidelines May Be Too Broad for Practical Use

In the last three years artificial intelligence has become a significant presence in our working lives. As these technologies have grown, so too have the calls for regulation and guidance on their use. In response, the Government of Ireland has issued advisory guidelines for public sector organisations deploying AI. These new guidelines provide an extensive framework for deploying AI, which is surely welcome. The Guidelines, however, run the risk of being too broad. There are so many provisions included, touching on areas from climate change to diversity and inclusion to design requirements to transparency rules, that it is hard to imagine any organisation could apply these completely.

It is worth framing at the outset that these Guidelines have been written to be optional for public sector organisations. They can also be considered provisional, as the speed with which these technologies are changing makes fixed rules irrelevant. What the Guidelines establish instead are a series of seven principles intended to guide use of AI. In deploying AI, public sector organisations are now asked to consider the following:

  1. Human agency and oversight
  2. Technical robustness and safety
  3. Privacy and data governance
  4. Transparency
  5. Diversity, non-discrimination, and fairness
  6. Societal and environmental well-being
  7. Accountability

Each of these principles outline an ideal to be aspired to when using AI. For instance, “Principle 4: Transparency,” commits public sector workers to being transparent with end-users about the AI systems in use. There must be clear documentation of AI model development, and the public must be informed whenever they are interacting with an AI system. In many cases, these principles tie into existing laws or initiatives. “Principle 3: Privacy and Data Governance”, for example, relates to GDPR compliance, while “Principle 5: Societal and Environmental Well-Being” is informed by the Climate Action Plan.

Translating these principles into action involves following a “Project Lifecycle” for AI projects. This lifecycle breaks down any AI project into five key stages: “Design, Data & Models”, “Verification”, “Deployment”, “Operation”, and “Retirement”. Some of these stages are further divided into subsections. For instance, the Design stage includes Planning & Design, Data Collection & Processing, and Model Building, with each of these subsections outlining specific actions to be followed to complete the stage. It is here we encounter the scale of the Guidelines. Each stage comes with a set of actions and, in each case, there are enough actions to fulfil all seven of the principles. This means there is a minimum of seven actions per stage and a rapid ballooning of potential actions.

As an example, in the “Planning & Design” phase an organisation might choose to “set up role-specific responsibilities for oversight”, “integrate data minimisation and security protocols into the AI design”, or “conduct social impact assessments to ensure AI systems contribute positively to Irish society”, among other actions. On their own, the actions have value. Taken together they can represent an enormous burden. “Planning & Design” contains twenty-six potential actions, and this is only one of three sub-stages for “Design, Data & Models”. Furthermore, the Guidelines also suggest two additional planning stages, outside of the Project Lifecycle. These are the Decision Framework and the AI Canvas. The Decision Framework consists of a list of questions to be considered at the outset of a project, while the AI Canvas provides a worksheet comprised of fifteen questions for the Project Lead to answer during the planning stage of an AI project. These sections are also optional, although the AI Canvas in particular is more compressed and user friendly than the ideas set out in the Lifecycle.

It is worth bearing in mind that at this moment debates are ongoing within the European Parliament as to whether GDPR should be rolled back. Tech regulation in Europe has suddenly become very uncertain. At the same time, the government’s pre-existing commitments, such as targets in ESG areas, cannot be easily dropped. These Guidelines speak to this contrast: they put everything on the table as a possible means of regulation, but do not commit to any one method. Working out what to do with the Guidelines will be a challenge itself.

Contributors
                                                    

Vincent Teo | Partner & Head of Public Sector & Government Services

Vincent Teo
Partner & Head of Public Sector & Government Services

 Dr. Conor Dowling | Research & Policy Executive | Risk Consulting

Dr. Conor Dowling
Research & Policy Manager
Risk Consulting
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New VAT Rules for Small Businesses | EU VAT SME Scheme

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New VAT Rules for Small Businesses (VAT SME Scheme)

The domestic VAT SME scheme allows small businesses to sell goods and services to their customers without charging VAT. In Ireland, the VAT registration thresholds are:

  • €42,500 for businesses supplying services; and
  • €85,000 for businesses supplying goods.

Irish businesses operating below these thresholds making supplies of goods and services within Ireland are not required to register and charge for VAT. However, up to 31 December 2024, if the Irish business made supplies in another EU Member State, there was no registration threshold and the business could have registration and filing obligations in the Member State where the supply took place.

From 1 January 2025, the EU VAT SME scheme allows these small businesses the option to avail of the registration thresholds in other Member States. If eligible, these businesses will not have to register for VAT when supplying goods and services there.

To be eligible to use this EU VAT SME scheme in another Member State, an Irish business must:

  • be established for VAT purposes in Ireland only,
  • not exceed the domestic turnover threshold(s) of the other Member State(s) where supplies are made,
  • not exceed the Union turnover threshold of €100,000,
  • be registered in Ireland to use the scheme and file quarterly reports once registered. These reports declare the turnover of the small business in all EU Member States.

An Irish business wishing to register to use the scheme in other Member States must make a formal application to Revenue. If successful, it will receive an individual identification number with the suffix “EX”. This number must be provided on any invoices issued by the business.

Business customers located in other EU countries who receive an invoice with “EX” are not obliged to account for VAT using the reverse charge mechanism on that invoice. It is the business customer’s responsibility to check the VAT exempt status of the small enterprise using the SME verification check.

The EU VAT SME scheme is only open to small businesses established within the European Union. It does not apply to small businesses established in the United Kingdom, including Northern Ireland.

It is possible for a small business to avail of the EU VAT SME scheme in some Member States and the standard VAT regime or One Stop Shop scheme in others. As businesses that avail of the VAT SME schemes cannot reclaim VAT on their costs, each small business must assess the best option for them.

However, this new scheme will significantly reduce compliance for small EU-based businesses selling to other EU countries.

If you require further information or assistance, please contact us.

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Why Choose Ireland for Holding Companies?

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Holding Companies – Why chose Ireland for Holding Companies?Ireland is an attractive place to set up a Holding Company for many reasons as outlined below.

The main advantage of setting up a Holding Company in Ireland is the introduction of the new participation exemption which exempts qualifying distributions received by a holding company from its subsidiary from Corporation Tax in Ireland. Prior to this, the tax rate of dividends received from foreign subsidiaries was reduced to 12.5% in certain cases so the introduction of the new participation exemption is welcomed.

We have outlined the main benefits of setting up a Holding Company in Ireland below:

  • Dividend income between two Irish companies is exempt from tax in Ireland.
  • As mentioned above, there is a new participation exemption for foreign dividends which exempts qualifying distribution from corporation tax. The key conditions of this participation exemption are as follows:
    • Resident in and EEA state or a country which has a DTA with Ireland.
    • The recipient of the dividend must hold at least 5% of the shareholding of the paying company for an uninterrupted period of 12 months.
    • It must not be tax deductible in any other jurisdiction.
    • Made out of profits of the paying company.
    • The company must opt in for this exemption on a yearly basis.
  • There is also a participation exemption on the disposal of shares in a trading subsidiary company on shareholdings of at least 5 years that have been held for at least 12 months.
  • Dividend Withholding Tax (DWT) exemptions:
    • Group exemption – exemption from DWT if the Holding Company is a 51% parent of the paying company.
    • EU Parent Subsidiary – Provides an exemption from DWT on the dividends between parents and subsidiaries. The parent company must own 5% of the shares during an interrupted period of 2 years.
    • DTA DWT exemptions.
  • The tax rate for trading companies in Ireland is 12.5% and for passive income is 25%.
  • Expenses of managing a holding company are generally tax deductible in Ireland.
  • English speaking country.
  • Part of the EU.

CFC Rules Ireland

CFC rules prevent the artificial diversion of profits from controlling companies to CFCs (offshore entities in low-tax or no-tax jurisdictions). The Irish regime can be summarised as:

  • The charge applies to undistributed income of a CFC arising from non-genuine arrangements put in place essentially to avoid tax.
  • Such undistributed income is attributed for taxation purposes to the Irish controlling company, or connected company, where that company has been carrying out significant people functions (“SPF”) in Ireland.
  • There are exemptions for CFCs with low profits or low profit margin or where the CFC pays a comparatively higher amount of tax in its territory that it would have paid in Ireland.
  • The CFC rules will not apply where the arrangements under which SPFs are performed have been entered into on an arm’s length basis or are subject to transfer pricing rules.
  • Unless an exemption applies, undistributed income, with an Irish nexus by reference to Irish SPFs, which has been artificially diverted from Ireland, will fall to be taxed in Ireland.
  • To prevent double taxation, a credit will be available against the CFC charge for foreign tax paid on the same income.

We can assist on all aspects of setting up a Holding Company in Ireland whether it is incorporating the company, tax compliance and advice, or the preparation and audit of financial statements. If you wish to discuss, please contact us.

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Public Sector Climate Action Mandate 2024 – What You Need to Know

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Public Sector Climate Action Mandate 2024

The Public Sector Climate Action Mandate (PSCAM) for 2024 was approved and updated by Government in December 2023 in preparation for Climate Action Plan 2024 (CAP24). The aim of the PSCAM is to support public sector bodies covered by CAP24 that have targets to reduce greenhouse gas emissions and improve energy efficiency by 2030. The Mandate sets out goals and targets that must be actioned by public sector bodies. The 2024 Mandate is an expansion of the 2023 Mandate in which existing actions have been added and expanded. This article will talk through the updated Mandate, explain its purpose and describe the new requirements that it presents.

What is the Mandate?

The aim of the PSCAM is to support public sector bodies in Ireland covered by CAP24 that have targets to reduce greenhouse gas emissions by 51% by 2030. The Mandate also supports targets to improve energy efficiency in the public sector by 50% by 2030. Each public sector body to which the Mandate applies is to develop a Climate Action Roadmap that will outline how it will deliver on energy efficiency and reduced emissions targets. Guidelines to develop Climate Action Roadmaps are provided by the Sustainable Energy Authority Ireland (SEAI) and the Environmental Protection Agency (EPA). It should be noted that the Mandate does not apply to every public sector body. Local Authorities, Commercial Semi- State Bodies, and schools are exempt from adhering to the Mandate. The Mandate specifies how public bodies covered by the Mandate may use Green Public Procurement (GPP) as a process to meet an organisation’s needs for goods, services, works, and utilities by choosing solutions that have a reduced impact on the environment.

Status of the 2023 Mandate

Many of the requirements found in the 2024 Mandate are unchanged from previous years. For example, the requirement to establish and support Green Teams remains unaltered, and senior management and members of State Boards are still required to complete a climate action leadership training course. As well as this, nothing has been removed from the Mandate, meaning that any work that has been completed to fulfil the previous Mandate remains valid. The updated mandate expands on Green Public Procurement requirements outlined in the previous mandate, with additional requirements that relate to construction, water use, paper use, and waste management in an organisation.

Changes from the 2023 Mandate

  • A new requirement related to construction that states that best practice guidelines must be adhered to for the preparation of Resource and Waste Management Plans for construction and demolition projects for procured or supported construction projects from 2024.
  • A new requirement on targeting food waste on premises from 2024 by using a standardised food waste measurement approach as outlined in the EPA Protocol Pathway.
  • A new requirement stating that all contract arrangements related to food and canteen services must also address food waste prevention and food waste segregation.
  • A new requirement that states that water refill points should be provided for staff and that the usage of the refill points should be measured and monitored.
  • A new requirement to gradually eliminate the use of single use items for events.
  • A new requirement for the collection and recycling of produce, requiring that waste collection services are segregated into a minimum of three streams: residual/general waste, recycling waste and organic/biowaste.
  • A new requirement related to paper that states that paper consumption should be measured and monitored.
  • An amendment stating that the planning of deep-retrofit building measures for Public Sector bodies and sectoral groups should be undertaken at sectoral level for homogenous sectors.
  • An amendment stating that public sector bodies with a large estate should develop a portfolio building stock plan, in line with guidance published by SEAI. The previous mandate stated that the EPBD was to be consulted for guidance.
  • A new requirement stating that small public sector bodies should include a basic building stock analysis or statement as part of their Climate Action Roadmap, in line with guidance published by SEAI.
  • A new requirement stating that public sector bodies with a vehicle fleet should develop a plan for the installation of charging infrastructure in relevant locations and should be included in an organisation’s Climate Action Roadmap.

Taken together, meeting the new Mandate will require attentive work. Crowleys DFK’s team of subject matter specialists are available to assist your development to meet these requirements.                                                

Vincent Teo | Partner & Head of Public Sector & Government Services

Vincent Teo
Partner & Head of Public Sector & Government Services

 Dr. Conor Dowling | Research & Policy Executive | Risk Consulting

Dr. Conor Dowling
Research & Policy Manager
Risk Consulting
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Charities Amendment Act 2024 – What You Need to Know

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Charities Amendment Act 2024

What is the Charities (Amendment) Act 2024?

In July of this year, the Government passed the Charities Amendment Act 2024. This Act, which introduces a range of amendments and updates to the Charities Act 2009, the Charities Act 1961, and the Taxes Consolidation Act 1997 respectively, amounts to a wide-reaching reform of charity governance. The Act has also expanded the powers of the Charities Regulator with a view to ensuring that financial regulation of the charities sector, as well as regulation of the sector broadly, can be conducted on an appropriate basis.

The Amendment Act is an extensive document and contains 38 separate amendment areas. Tracking these amendments across the Acts will be a complex process. In this article we go through a few key areas covered in the Act, including:

  • Duties and definitions of trustees
  • Financial regulations
  • Role of “Human Rights” in charity sector
  • Charities Regulator

What are some key changes?

Trustee Definitions:

Under the Amendment Act, new definitions of who counts as a charity trustee and what their duties are, have been established. Section 3A of the Act makes explicit that a company secretary is not considered to be a charity trustee, unless they are also a Board member or sit on the governing body. This clarifies an ambiguity in the previous Act. The Act also sets out the duties falling to charity trustees. The duties include requirements to act in good faith for the charity’s best interests and to avoid conflict between personal and charity interests.

Financial Reporting:

There have been a range of changes to how charities must conduct financial reporting. Reporting thresholds and exemptions have been moved or redefined, new regulations have been introduced, and new alternative reporting methods are now available.

For instance, a charitable organisation, that is not a company and which also falls below a gross income or expenditure threshold of €250,000, is no longer obliged to prepare a statement of accounts. Such an organisation may instead prepare an income and expenditure account in respect of, and a statement of the assets and liabilities of, the charitable organisation.

On the other hand, a charitable organisation that is a company must now prepare financial statements in accordance with the Companies Act 2014.

Many of the financial reporting requirements included in the Amendment Act are similar to the requirements of the Charities SORP (Statement of Recommended Practice). However, the Charities SORP is not explicitly referenced in the Amendment Act and so Charities are not currently required to meet it. Charities should continue to be aware of the Charities SORP, as the Amendment Act does leave room for further regulatory changes that could include introducing the Charities SORP.

Definition of Charity:

The new Act provides an expanded definition of the activities which can be considered to be done for a charitable purpose. The phrase “any other purpose that is of benefit to the community” which was previously used in this definition has been replaced by a list of fourteen (14) activities. These include, for example, protection of the natural environment and the advancement of human rights. Organisations engaged in these activities will now count as charities.

Charities Regulator:

The Charities Regulator has also acquired new powers under the Amendment Act. Any Charity wishing to change its constitution, for example to alter its charitable purpose or its income and property clause, must now apply to the Regulator.

New powers of enforcement and punishment have also been provided to the Regulator, where a Charity fails to meet the new requirements.

What should you do to respond?

The changes brought about by the Amendment Act are extensive and will require adjustment from Charities. Listed below are some actions you may consider taking now to help ease the transition into the new regulatory environment:

Are you a Charity?

Bodies should review the new definitions of what is considered a charity. The Act requires that any organisation that becomes a charitable organisation by virtue of these new definitions must apply to the Regulator to register as a Charity within six months. In turn this will also require that organisations now falling under the Charity Act may have to amend their internal organisation to meet the Act’s requirements.

Who are your trustees?

Changes to the definitions of who is and is not a trustee will require charities to update their register of trustees and other governing documents to account for this.

How do you conduct financial reporting?

Charities should review the amended requirements for financial reporting and determine where they fall on the new thresholds for reporting. For instance, the Amendment Act has raised the threshold requiring that the accounts of a charitable organisation be audited from €500,000 to €1,000,000. On the other hand, while the previous Act exempted a charitable organisation that is a company from this audit requirement, this exemption has now been removed.

Conclusion

Tracking these amendments will be pressing work. It should be noted as well that these requirements are coming into effect immediately. The deadline to register as a charity, under the new definitions, is already approaching.

Crowleys DFK are on hand with their subject matter specialists to provide expert guidance and support in maintaining compliance with the Amendment Act. Please contact us for further information.

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Increased Size Thresholds to Assist Irish SMEs with Audit & Reporting Requirements

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Increased Size Thresholds to Assist Irish SMEs with Audit & Reporting Requirements

The European Union (Adjustments of Size Criteria for Certain Companies and Groups) Regulations 2024 were signed into law, increasing the balance sheet and turnover thresholds for “micro”, “small”, “medium” and “large” companies and groups under the Companies Act 2014 by 25% to account for inflation.

This change means more Irish companies will move into the micro and small categories and may benefit from abridged reporting and audit exemption. It will also reduce regulatory and administrative burden.

The changes may also result in companies falling outside the scope of reporting obligations imposed under the Corporate Sustainability Reporting Directive (CSRD).

The new thresholds are as follows:

Micro Company thresholds:

  • Balance sheet total not exceeding €450,000 – (previously €350,000)
  • Turnover not exceeding €900,000 – (previously €700,000)
  • Average number of employees does not exceed 10 – (unchanged)

Small Company thresholds:

  • Balance sheet total not exceeding €7.5 million – (previously €6 million)
  • Turnover not exceeding €15 million – (previously €12 million)
  • Average number of employees does not exceed 50 – (unchanged)

Small Group thresholds:

  • Group balance sheet total not exceeding €7.5 million net or €9 million gross – (previously €6 million net or €7.2 million gross)
  • Group turnover not exceeding €15 million net or €18 million gross – (previously €12 million net or €14.4 million gross )
  • Average number of Group employees does not exceed 50 – (unchanged)

Medium Company thresholds:

  • Balance sheet total not exceeding €25 million – (previously €20 million)
  • Turnover not exceeding €50 million – (previously €40 million)
  • Average number of employees does not exceed 250 – (unchanged)

Medium Group thresholds:

  • Group balance sheet total not exceeding €25 million net or €30 million gross – (previously €20 million net or €24 million gross)
  • Group turnover not exceeding €50 million net or €60 million gross – (previously €40 million net or €48 million gross)
  • Average number of Group employees does not exceed 250 – (unchanged)

Large Company and Group thresholds:

  • Exceeds the thresholds for a Medium Company or Group as outlined above.

These new thresholds are effective from 1 July 2024 and will apply for financial years commencing 1 January 2024, enabling companies to benefit immediately. Companies also have the option to elect to apply the new thresholds for any financial year commencing on / after 1 January 2023.

If you have further queries on what this means for your business, please contact us.

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