Government measures in key jurisdictions 3rd edition final - Flipbook - Page 66
Ireland
•
For income tax purposes, an individual will not be regarded as resident in Ireland where they spend
additional days in Ireland due to the pandemic.
• For corporation tax purposes, an individual will not be regarded as resident in or outside of Ireland
for a company of which they are an employee, director, service provider or agent where they spend
additional days in or outside of Ireland due to the pandemic. See more information here.
•
Corporation tax returns for accounting period ending 30 June 2019 onwards (i.e. due by 23 March
2020 onwards) will not be subject to a late filing surcharge until further notice and late filing due to
Covid-19 will not result in the usual restriction of reliefs, such as loss and group relief. In addition,
various other tax filing deadlines have been extended, in particular in respect of employer returns
regarding certain benefits supplied to employees (such as employee share schemes).
•
Close companies with accounting periods ending from 30 September 2018 onwards are required to
make distributions by 31 March 2020 onwards to avoid a close company surcharge. These companies
can apply to extend the 18-month distribution period by 9 months where the company is affected by
Covid-19 and needs to retain cash to support the business.
•
The reporting deadline for DAC2, CRS and FATCA returns has been extended by 3 months to 30
September 2020 for the 2019 period.
• Irish Revenue have confirmed that Ireland has opted-in to Council Directive 2020/876 to defer the
reporting and exchange of information deadlines under DAC6 by 6 months.
•
A benefit-in-kind will not arise for employees where employers:
– provide employees with equipment to allow them to work remotely,
– reimburse flight or holiday cancellations for employees integral to the business, or
–supply temporary accommodation to employees to mitigate the risk of transmission
of Covid-19.
Due to COVID-19 circumstances, some private healthcare providers may issue a refund of
healthcare insurance premiums to an employer/employee and individual policy holders who
have personally paid for the policy. The amount taxed as a benefit-in-kind will be reduced to
reflect the reduced policy amount.
Company
law matters
Have any measures
been put in place to
accommodate social
distancing (such as
remote general
meetings)?
•
•
•
•
66
The Irish Government has not put in place any measures which may accommodate social distancing
in relation to corporate meetings but have recommended, in their Covid-19 Workplace Protection
and Improvement Guide, the use of technology for video/ virtual meetings and limiting the number
of meetings including length and proximity of gathering of employees and others. There are, in any
event, a number of options already available to Irish companies which will allow them to respect
the current social restrictions.
Under the Companies Act 2014, companies may hold general meetings remotely through the use of
any technology provided the members can vote and participate in the meeting. There is a
requirement, however, that there must be a physical location specified in the notice of the general
meeting and it is usually at this physical location where the quorum of the meeting is formed.
Members are also allowed to appoint another person to vote on their behalf as a proxy. The use of
these methods is subject to the provisions found in the company’s constitution. Some constitutions
may expressly forbid their use.
Irish companies may also delay, postpone or adjourn their general meetings, however it should be noted
that Irish law requires a company to hold a general meeting ever calendar year and no longer than 15
months may pass between each meeting. Single member companies and private companies limited by
shares may also dispense with the need to hold a general meeting by passing a written resolution.
Board meetings are also capable of being convened through electronic means or by passing a written
resolution.
Government measures in key jurisdictions