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

The firm’s eye-catching UK launch is a major statement of intent, but it will face stern opposition in its quest to be the top global tax player
The postponement came after industry representatives flagged implementation issues with the registration regime; in other news, firms made key tax partner additions
Despite the increased yield, the time taken to resolve enquiries was at a six-year high, new HMRC statistics have revealed
The High Court’s dismissal of barrister Setu Kamal’s legal challenge represents the first successful strike-out under a new law on SLAPPs
IP lawyers, who say they are encouraging clients to build up ‘tariff resilience’, should treat the risks posed by recent orders as a core consideration in cross-border licensing
As Coca-Cola awaits a crucial 11th Circuit Court of Appeals decision this year, its multibillion-dollar tax dispute could have profound implications for investors, cash flow, and corporate transparency
However, women in tax face greater career obstacles than their male counterparts, an exclusive ITR survey of more than 100 women tax leaders revealed
Under Jeff Soar’s leadership, WTS UK aims to scale to 100 partners within five years and challenge the big four
As the firm embarks on a major shakeup of its EMEA partnerships, some staff will be watching nervously
The buyout of Hucke and Associates continues Ryan’s streak of firm acquisitions; in other news, a UK appeal against VAT on private school fees was dismissed
Gift this article