Advanced Direct Tax: International
- 2. EU Tax Law
- 2.1 Describe the EU treaty provisions of most relevance to tax issues
- 2.2 Outline the impact of the EU Mergers Directive and explain the various tax reliefs provided for under Irish law
- 2.3 Explain the incidence of withholding tax on income, including the impact of the EU Parent Subsidiary and Interest and Royalties Directives
- 2.4 Outline the EU provisions on information exchange and administrative cooperation in the field of taxation and their implementation in Ireland
- 2.5 Outline the provisions contained in the EU Anti-Tax Avoidance Directives and their implementation in Ireland
- 2.6 Outline the EU measures to facilitate dispute resolution
- 2.7 Outline other important EU developments of relevance to tax law in Ireland
- 3. Overview of Pillar Two
- 3.1 Outline the history of Pillar Two
- 3.2 Explain the scope of the Irish Pillar Two minimum tax provisions, including an awareness of excluded entities
- 3.3 Identify the effective dates of the Irish Pillar Two provisions
- 3.4 Outline the tax base for the Pillar Two minimum tax rules
- 3.5 Compute the Irish qualified domestic top-up tax (QDTT) payable by an MNE group
- 3.6 Outline the transitional country-by-country reporting safe harbour and qualified domestic top-up tax safe harbour
- 3.7 Apply the Irish Pillar Two minimum tax rules to compute the jurisdictional top-up tax payable in Ireland by an MNE group, including an appreciation of the substance-based income exclusion
- 3.8 Outline how any Pillar Two jurisdictional top-up tax payable in Ireland would be collected
- 3.9 Explain the Irish Pillar Two self-assessment regime
- 3.10 Outline the difference between a “qualified refundable tax credit” and a “non-qualifying tax credit”
- 3.11 Understand various Pillar Two acronyms
- 4. Double taxation
- 4.1 Describe what double taxation is and illustrate when it arises
- 4.2 Explain the need for and purpose of double tax agreements (DTAs) bilateral agreements on social security, exchange of information agreements and the OECD Multilateral Instrument
- 4.3 Summarise the principles of double taxation relief
- 4.4 Describe the legal standing of Ireland’s DTAs
- 4.5 Describe the legal effect of the OECD Model Tax Convention and its commentary
- 4.6 Define, interpret and apply the terms of the OECD Model Tax Convention as it relates to individuals
- 4.7 Analyse the OECD Model Treaty as it applies to business income
- 5. Transfer Pricing
- 5.1 Outline what transfer pricing is and the impact it can have on group effective tax rates
- 5.2 Apply the key provisions of the Irish transfer pricing regime and outline how Revenue monitors compliance
- 5.3 Explain how the arm’s length principle is applied in accordance with OECD guidance
- 5.4 Explain the Irish Mutual Agreement Procedures and Advanced Pricing Agreement regimes
- 5.5 Analyse what is meant by correlative relief and when correlative relief may be available in Ireland
- 5.6 Explain Country-by-Country Reporting (CbCR) and Public CbCR
- 6. Taxation Issues for Outbound Investment from Ireland
- 6.1 Outline important tax considerations when expanding overseas
- 6.2 Contrast the use of a branch, subsidiary and representative office when structuring overseas business activities
- 6.3 Outline the factors to be considered in relation to the taxation of foreign income and capital gains in Ireland
- 6.4 Apply the Irish corporation tax system to foreign source interest and royalties received by an Irish tax resident company that have been taxed at source
- 6.5 Apply the Irish corporation tax system to the foreign branch profits of a trade carried on by an Irish tax resident company
- 6.6 Apply the Irish corporation tax system to foreign dividends received by an Irish tax resident company
- 6.7 Apply the Irish corporation tax system to capital gains attributable to shares and related financial assets
- 6.8 Identify and apply anti-avoidance provisions applicable to overseas investment by an Irish business
- 6.9 Explain the Irish controlled foreign companies rules
- Appendix 1: Summary of provisions for double tax relief for corporation tax
- 7. Taxation Issues for Inbound Investment to Ireland
- 7.1 Explain the use of holding companies, IP companies and finance companies in internationally operating businesses and assess Ireland’s strengths and weaknesses as a location for these companies
- 7.2 Advise on the tax consequences of repatriation of profits from Ireland as interest, royalties, dividends and capital distributions (including an awareness of the outbound payments defensive measures)
- 7.3 Outline the principles of foreign entity classification for Irish tax purposes
- 7.4 Explain the hybrid mismatch rules
- 7.5 Advise on the tax consequences of exiting Ireland
- 7.6 Outline some of the key stamp duty provisions that are relevant in an international tax context
- 8. Secondments and Foreign Employments
- 8.1 Describe what constitutes a foreign employment and how it is charged to tax in Ireland
- 8.2 Describe how the PAYE system can operate in relation to mobile workers and employments not wholly exercised within the State
- 8.3 Compare the different reliefs available in relation to employees of non-resident employers, calculate any relief due, outline its interaction with Double Tax Agreements (DTAs) and outline how the relief is claimed
- 8.4 Describe the tax issues that may apply to outbound and inbound secondments
- 8.5 Describe how the PAYE system can operate in relation to outbound secondees
- 8.6 Advise on the Irish tax implications of Irish resident secondees on foreign sources of income and gains, focusing on the remittance basis of taxation and for non-residents posted abroad on their Irish non-employment sources of income and gains
- 8.7 Summarise how changes in residency of a taxpayer affect their taxation in relation to share/share option schemes
- 8.8 Outline the taxation treatment of disposals by temporary non-residents
- 8.9 Modify a secondment proposal to avail of all tax reliefs available
- 8.10 Devise an alternative plan for a foreign employee, or a returning expatriate, to avail of all tax reliefs available (including relief from double taxation)
- 9. Immovable Property
- 9.1 Describe the Irish income tax and CGT treatment for individuals with foreign property in locations with which Ireland does not have a DTA
- 9.2 Calculate any relief available for foreign tax suffered against any resultant Irish tax liability
- 9.3 Compare the taxation of foreign property transactions (rental, trading or capital) to those involving Irish property
- 9.4 Awareness of taxation method for fund structures holding Irish property
- 12. Offshore Funds
- 12.1 Compare the taxation treatment of regulated and unregulated offshore funds
- 12.2 Distinguish between a passive fund and a PPIU
- 12.3 Explain the Irish taxation of a PPIU
- 12.4 Outline any administrative requirements relating to these investment structures and the penalties associated with non-compliance
- 12.5 Explain the Irish taxation of other investment structures commonly used to invest in foreign property
- 12.6 Modify a proposed investment plan to avail of all tax reliefs available
- Appendix I Table of “good” jurisdictions for offshore fund purposes
- Appendix II Offshore funds decision tree