Ireland: Closing of the consultation on Ireland’s corporation tax code

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Ireland: Closing of the consultation on Ireland’s corporation tax code

Sponsored by

sponsored-firms-matheson.png
intl-updates-small.jpg

In October 2017 a public consultation was launched by the Minister for Finance on Ireland's corporation tax code. The consultation followed on from the recommendations of independent expert Seamus Coffey, which were detailed in the recently published 'Review of Ireland's Corporation Tax Code' (Coffey Report). The consultation sought views on the implementation of a number of measures into Irish tax law. Among the modernising measures within the scope of the consultation were:

  • The transposition of the EU Anti-Tax Avoidance Directive (ATAD) into Irish law;

  • The incorporation of the 2017 OECD transfer pricing guidelines (2017 Guidelines) into Irish domestic law; and

  • The move to a territorial corporation tax base in respect of income from foreign branches and foreign source dividends.

The consultation period closed on January 30 2018 and the submissions made will now form part of the Minister for Finance's consideration of the recommendations in the Coffey Report. Given that the ATAD changes must be implemented by January 1 2019 it is expected that in the immediate term the consultation will influence Ireland's approach to the implementation of the ATAD. Of particular importance for Ireland in this respect will be the introduction of controlled foreign company (CFC) rules into Irish law for the first time.

What CFC regime is Ireland likely to adopt?

It is as yet unclear which option Ireland will adopt when implementing a CFC regime in accordance with the ATAD. Many stakeholders participating in the consultation argued that from a policy perspective it would be more appropriate for Ireland, in designing its CFC regime, to adopt the approach that treats income diverted from Ireland as CFC income. The alternative approach to defining CFC income could result in income that has no connection with Ireland falling within the Irish CFC charge.

Implementing the BEPS transfer pricing changes

The incorporation of the 2017 Guidelines into Irish law is something that taxpayers will require adequate lead-time to prepare for. The changes agreed under BEPS, particularly with respect to allocation of risk and the pricing of intangibles amount to material changes to the approach outlined in the 2010 OECD transfer pricing guidelines. Many companies are already in the process of reviewing their transfer pricing policies but need to be given time to understand how the 2017 Guidelines will apply to existing structures.

Comment on next steps

Draft legislation on the introduction of a CFC regime into Irish law will be published in October at the latest. Stakeholders advocated strongly in favour of being afforded adequate opportunity to review and comment on the draft legislation. This would result in fewer unintended consequences and in a regime that is workable, something that is in everyone's interests.

In addition to consulting on draft legislation, taxpayers would welcome draft guidance being published by the revenue commissioners as early on in the process as possible (and ideally at the same time draft legislation is made available) for comment.

omeara.jpg
glavey.jpg

Catherine

O’Meara

Trevor

Glavey

Catherine O'Meara (catherine.omeara@matheson.com) and Trevor Glavey (trevor.glavey@matheson.com)

Matheson

Tel: +353 1 232 2000

Website: www.matheson.com

more across site & shared bottom lb ros

More from across our site

A lack of commitment from major jurisdictions and the associated compliance burden are obstacles facing the OECD initiative
Richard Gregg is no longer fit and proper to be a tax agent, said the TPB; in other news, MHA completed its acquisition of Baker Tilly South-East Europe
Recent Indian case law emphasises the importance of economic substance over mere legal form in evaluating tax implications, say authors from Khaitan & Co
PepsiCo was represented by PwC, while the ATO was advised by MinterEllison, an Australian-headquartered law firm
Three tax experts dissect the impact of a 30% tariff that has shaken up trade relations between South Africa and the US
Awards
ITR is delighted to reveal all the shortlisted nominees for the 2025 Americas Tax Awards
As we move into an era of ‘substance over form’, determining the fundamental nature of a particular instrument is key when evaluating the tax implications of selling hybrid securities
It stands in stark contrast to a mere 1% increase in firmwide revenue since last year
It follows a court case concerning a Freedom of Information request lodged by the founder of a software company
After years of deafening silence, the UK tax authority is taking overdue action against corporates that fail to prevent the facilitation of tax evasion
Gift this article