There were two amendments made to the Capital Acquisitions Tax Dwelling House Exemption by Finance Act 2017, in such cases where the recipient of the dwelling house is a dependent relative of the disponer.

A ‘dependent relative’ is defined as a relative who is permanently and totally incapacitated due to mental or physical infirmity from maintaining himself or herself, or who is of the age of 65 years or over at the date of gift or inheritance.

The position following the amendments is as follows:

  1. In the case of a gift or an inheritance of a dwelling house taken by a dependent relative, the dwelling house is not required to have been the only or main residence of the disponer.
  2. A gift of a dwelling house that becomes an inheritance as a result of the disponer dying within two years of making the gift can qualify for the dwelling house exemption, where the beneficiary is a dependent relative.

All other provisions to the exemption remain unchanged.

The amendments to the Dwelling House Exemption take effect from the date of passing of the Finance Act 2017, 25 December 2017.

Should you require any further details on the above, please contact a member of our Tax Department.

On 31st July 2018, Revenue published an updated Transfer of Business document, revising the previous document which was reviewed in December 2017.

There are significant differences between the two versions when it comes to which transfers of property come within the transfer of business (TOB) provisions.

 

The December 2017 document confirmed Revenue’s view that TOB applied:

  • where a property had been let on a continuing basis and was being sold to a tenant who is an accountable person; and
  • in the case of a vacant property that was let or partially let on a continuing basis in the past.

Whereas, the 31st July 2018 version confirms that TOB will not apply to:

  • “The transfer of a let property to the tenant…as the only asset being transferred in those circumstances is the property itself and the transfer of a property without any additional assets, which together with the property would constitute an independent undertaking…regardless of how the property had been used prior to its transfer”; and
  • “A transfer of [property], of itself, without any additional assets (such as a letting agreement), which together with the immovable good, would constitute an independent undertaking…regardless of how the [property] had been used prior to its transfer”.

Vendors, their solicitors and tax advisors should review all property transactions currently in progress to ensure the correct VAT treatment is being applied in light of this updated Revenue guidance.

For further assistance please get in touch.

Crowleys DFK is delighted to launch an overview video of the Firm’s Foreign Direct Investment service offering.

Edward Murphy, Partner and Head of Foreign Direct Investment and Siobhán O’Hea, Partner, Tax Services provide an insight into how Crowleys DFK can help foreign owned companies to set up operations in Ireland.

For more information on our Foreign Direct Investment service offering, please contact Edward Murphy.

What is PAYE Modernisation?

With effect from 1 January 2019, employers will be required to notify Revenue with details of the amount of the emoluments and the tax due for each employee on/ before the payment date on a real time basis. This means that each time an employee receives a payment or benefit from their employer, the PAYE due and remitted to Revenue must be 100% accurate.

This real time reporting (RTR) process abolishes the requirement to file P30’s, P35’s, P45’s, P46’s and employers will no longer have to produce P60’s at the end of each tax year.

A Revenue Payroll Notification (RPN) will replace the current Tax Deduction Card (P2C) and from the 1 January 2019 all employers will be required to:

  • Obtain the most up to date RPN before making any payments to employees
  • Report employee payments (amount of pay, payment date, amount of PAYE, USC and PRSI deductions) to Revenue in real-time, and
  • Reconcile Revenue’s response to the payroll submission

At the end of each month, employers will receive a statement from Revenue with payroll submission totals. Employers must either:

  • Accept the statement as their monthly return, or
  • Correct payroll data if the statement is incorrect

The statement issued by Revenue will be deemed to be the return if no amendments or corrections are made before the return due date i.e. 14 days after the end of the month (23 days for ROS users who file and pay online).

The legislation governing the new regime, provides that a failure by an employer to correctly operate PAYE on a payment/ benefit to an employee, may result in the employer being liable for the payment of income tax on a grossed up basis. In addition, the existing €4,000 penalty for non-operation of PAYE may be enforced more readily.

Employers should take the time now to review their employee data, payroll processes, policies and systems to ensure that they are ready to comply with their RTR requirements on 1 January 2019.

Should you require any further details on PAYE modernisation or real time reporting (RTR), please contact Anne Comber, Manager of Payroll Services.

Pictured (l-r): Tony Cooney (Crowleys DFK Partner), James O’Connor (Crowleys DFK Managing Partner) and Harry O’Sullivan (Moylan Mulcahy & Co Partner)

We are delighted to announce that the well-established Cork firm, Moylan Mulcahy & Co, will merge with Crowleys DFK, effective from 1 June 2018.

The merger will see us welcome Moylan Mulcahy & Co Partner Harry O’Sullivan, along with 5 members of staff, into the Crowleys DFK Cork offices at 5 Lapps Quay.

James O’Connor, Crowleys DFK Managing Partner, commented: “We are delighted with this merger. Moylan Mulcahy & Co has an excellent reputation, in particular in the services it offers to the SME sector. With a natural synergy, not just in terms of services and sectors but also in work practices and values, this provides a major growth opportunity for both firms”.

Harry O’Sullivan said: “This is an exciting time for us. This merger with such a highly-regarded firm is a great cultural fit as the team at Crowleys DFK share our core value of delivering high quality services to clients. We look forward to offering our clients the benefits of access to additional areas of expertise as well as access to the global reach of the DFK International network.”

James concluded, “The merger further cements our reputation as one of the country’s leading SME business advisors for both domestic and international businesses.  We look forward to welcoming Harry and his colleagues to our full-service team.”

Pictured (l-r): Pamela Nodwell (Manager, Governance, Risk and Compliance), Edward Murphy (Partner, Head of Tax Services) and Carol Hartnett (Manager, Advisory Services)

Almost 20 years have passed since Carol Hartnett, Pamela Nodwell and Edward Murphy started training together at Crowleys DFK. After qualifying as Chartered Accountants, their subsequent careers took them in different directions but the trio reunited recently and now work together again supporting clients from Crowley DFK’s newly refurbished Cork and Dublin offices.

Carol Hartnett, Manager, Advisory Services

Carol Hartnett joined Crowleys DFK as a trainee accountant in July 1998, having previously completed a BSc in Accounting in UCC.

“During my training contract, I gained a very good overall grounding in business. I was given lots of responsibility and had lots of interaction with clients from a very early stage. This experience opened up multiple opportunities for me in my subsequent career,” Carol stated.

Having qualified as a Chartered Accountant, Carol sought to broaden her experience by working in industry. She left Crowleys DFK in 2002 and spent the next 15 years gaining experience and building her knowledge and expertise with multinational companies including PepsiCo, McAfee and Hewlett Packard Enterprises.

“When I first moved into industry, I worked as a general ledger accountant with responsibility for multiple entities within a European group structure. Then, in 2007, I moved into software revenue recognition where I was a manager for the next six years. I frequently travelled to the UK and California. It was a very fast-paced and dynamic environment,” Carol explained.

In March 2018, Carol returned to Crowleys DFK, taking up a position as manager in the firm’s Advisory Division. The work is project-based which means she supports different clients on a variety of issues. This diversity is what attracted her to the role.

“I am very happy to have re-joined Crowleys DFK as a manager in the advisory division. There is great satisfaction in working with clients to help them solve issues,” Carol said.

Carol is the second former team member to re-join Crowleys DFK in recent times. Pamela Nodwell, who trained with Edward and Carol, before qualifying as a Chartered Accountant in 2002, has also recently rejoined the firm.

Pamela Nodwell, Manager, Governance, Risk & Compliance

Pamela found that her pre-qualification training provided a solid foundation from which to further develop her experience and expertise as she progressed her career.

“During those early years with Crowleys DFK, I worked with a broad spectrum of clients across the public sector, financial services, retail and manufacturing. The experience I gained in accounts preparation, tax returns, audit and CRO filing has stood to me as my career progressed,” Pamela said.

Pamela subsequently moved overseas to gain international experience, spending five years in Bermuda before returning closer to home to take up roles in the Isle of Man and in Dublin. During this time, she gained extensive experience working with multinationals and developed particular expertise in governance, risk management and compliance.

With 15 years’ post-qualification experience under her belt and having held a number of senior management roles — primarily in the financial services industry — Pamela returned to Cork in July 2017, re-joining Crowleys DFK as a manager in the firm’s Governance, Risk & Compliance Division. She specialises in providing practical risk management, internal controls, compliance and process improvement solutions for clients in the financial services sector.

Pamela said, “It is great to be back and working in a division which Crowleys DFK has successfully developed in recent years”.

As well as serving clients, Pamela continues to focus on maintaining and developing her expertise. She is a Fellow of the Institute of Chartered Accountants, a Licentiate of the Association of Compliance Officers in Ireland, a member of the Institute of Bankers and the Professional Risk Managers’ International Association and she is currently studying for a Diploma in Risk Compliance and Internal Audit.

“Crowleys DFK has a great culture for fostering professional development, and the professional approach and focus on client satisfaction that existed in the firm when I joined in 1998 continues to be at the fore. This, coupled with the friendly and approachable culture and ability to attract highly talented and skilled people, contribute to the continuing growth and success of the Crowleys DFK.” Pamela added.

Edward Murphy, Partner & Head of Tax Services

When Edward Murphy joined Crowleys DFK as a trainee accountant in 1998, he little imagined that twenty years later he would be a Partner in the same firm. Like his fellow trainees, Carol Hartnett and Pamela Nodwell, he qualified as a Chartered Accountant in 2002 but unlike his colleagues, Edward chose to continue his career and studies in practice and qualified as a Registered Tax Consultant of the Irish Taxation Institute in 2005.

“I always enjoyed the diversity of working in a practising firm. There is great satisfaction in developing a deep understanding of clients’ objectives and being able to provide commercially effective solutions,” Edward stated.

Having risen through the ranks, Edward was appointed a Partner in 2006 and, today, heads up the Crowleys DFK tax department, supporting multinationals and indigenous organisations. He is delighted that his former colleagues Pamela Nodwell and Carol Hartnett have rejoined the firm.

“It is great that Pamela and Carol are back on the team.  They bring great expertise and experience with them which will strengthen the services we provide for our clients. Fifteen years ago, we couldn’t have imagined that our career paths would converge again. It’s wonderful to be reunited,” Edward said.

Career Success Attributed to Crowleys DFK Training

While their individual career paths took different routes, Edward, Carol and Pamela all attribute their career successes to the initial training and support they received at Crowleys DFK. The firm continues to offer excellent opportunities for individuals interested in pursuing and progressing a career in business. For further information, please visit our Careers page.

Since being established in Cork in 1975, Crowleys DFK has witnessed the rapid growth of the city. Known as Ireland’s second city, Cork is the second largest economic hub in the country, with more than 20 financial services firms, over 150 FDI companies and a very strong indigenous SME sector. With an ever-growing University and Institute of Technology, new routes from Cork Airport and many new developments under construction around the city, Cork’s growth levels are showing no signs of slowing down.

Like Cork, Crowleys DFK itself has grown significantly in recent years.  Starting in business as a Sole Practitioner firm with 3 staff the firm today comprises of 6 Partners and over 70 staff with offices in Dublin and Cork.

The Cork office is located in Lapps Quay in the heart of the city and near the soon to be redeveloped Cork Docklands. Due to the firm’s growth the office space was unfortunately no longer meeting our current and long-term business growth needs. Not wishing to relocate and following on from the successful refurbishment of our Dublin office in College Green in 2016, it was decided that our Cork office would undergo a similar refurbishment.

In the summer of 2017, we began working with architect, Ellie Ross from GCA Architects and Designers and contractor, O’Sheas Builders. From inception to completion, we all worked in a very collaborative manner. As a result of this efficiency, our design goals were met within our tight 12-week building works deadline.

According to Colette Nagle, Advisory Partner and the project’s sponsor: “I am delighted to announce that the refurbishment is complete and we have moved back to our newly refurbished office. The open plan design facilitates a more collaborative and innovative environment for our employees, resulting in a happier and ultimately a more productive workplace.”

 

 

Crowleys DFK has reinforced its commitment to excellence in client satisfaction, quality service and continuous business improvement by successfully transitioning to the ISO 9001:2015 Quality Management System standard.

According to Tony Cooney, Partner Governance Risk & Compliance, “We are delighted to have successfully transitioned to this new standard, which has been a real team effort by all our staff.  Quality and client satisfaction has always been at the core of who we are.  This achievement shows that we work hard to ensure our systems meet the very highest international standards for our clients.”

ISO 9001 is recognised as the world’s leading standard for Quality Management Systems.  Based on a number of principles including excellent customer focus, strong leadership engagement, improved effectiveness of internal processes and continual improvement, it is awarded to organisations who achieve high standards in a strategic and risk based approach to quality management and consistency of services.

Tony concluded, “The ISO standard is an excellent way for us to constantly improve our quality control systems and gives us the guidelines and procedures to ensure that quality and integrity is never compromised.  It is a cornerstone to the continued strategic growth and development of the firm in a changing marketplace.”

Normally, where a van is available for the private use of an employee as a result of their employment, the employee is chargeable to PAYE, PRSI and USC in respect of that private use. Travel to and from work is considered private use.

The notional pay in which PAYE, PRSI and USC must be applied is determined the ‘cash equivalent’ of the private use of the van. The cash equivalent is 5% of the (OMV) Original Market Value of the vehicle.

No taxable benefit will arise in relation to the use of a company van where all the below conditions are met:

  1. The van is supplied by the employer for the purpose of the employee’s work.
  2. The employee is required to bring the van home after work.
  3. Apart from travelling to and from work, other private use of the van is forbidden by the employer.
  4. During work, the employee spends at least 80% of his or her time away from the premises of the employer to which he or she is attached.

An exemption to the Benefit-in-Kind (BIK) rule takes place from 1 January 2018 and applies to used and new company vans. If an electric van is made available for an employee’s private use, then no taxable benefit will arise in relation to that private use. This only includes vans that derive their motive power solely from electricity.

Definition of a van

A van is a mechanical vehicle which:

  • Is made solely/mainly for the transport of goods or other burden, and
  • Has a roofed area to the rear of the driver’s seat, and
  • Has no side windows or seating fitted in that roofed area.

Where a crew cab or other similar type of vehicle meets all these criteria, it is regarded as a van rather than a car.

Please contact Michelle Mangan, Manager of Tax Services, if you require assistance with the above.

Pamela Nodwell, Manager in the firm’s Governance, Risk & Compliance Division featured in Winter 2017 edition of the ACOI (Association of Compliance Officers in Ireland) ICQ magazine.

With an expert knowledge of the leading best practices and standards, Pamela provides practical risk management, internal controls, compliance and process improvement solutions to clients within the financial services sector.

Read or download PDF version of the article.