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 2026

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

Both Germany’s NIS2 and the EU AI Act now determine whether a tax function can meet its obligations – and both can make management personally accountable
Originators, loan purchasers and securitisation vehicles may need to revisit servicing agreements and pricing after a key judgment narrowed the VAT credit management exemption
Opening doors for existing talent within Baker McKenzie and a desire for enhanced legal capabilities informed Ricardo Perera’s switch from KPMG
Boaz Goren’s move to the upstart PE-backed firm takes the number of senior UK tax professionals who have left EY this year to 13
The allegations against Deloitte Cyprus raise uncomfortable questions about how far the big four can distance themselves from misconduct at member firms
The UAE accounted for most Middle East promotions and new rankings, as A&M Tax, Baker McKenzie, Dhruva Consultants and DLA Piper breached the top tier
Spanish-headquartered multinationals lead on reporting quality, while US and Swiss groups lag in the Fair Tax Foundation’s expanded analysis
Former IRS commissioner Danny Werfel joins ITR for a must-listen conversation spanning his time leading the agency, his AI risk framework, and the future of the OECD
Tax and legal services was PwC’s fastest-growing business line last year, helping to put the firm back on a par with its big four rivals
Ex-EY and Hourani & Partners leader Zain Satardien is using flexible staffing and AI-enabled systems to test a leaner model for specialist legal and tax advice
Gift this article