Review of Time Limits on Tax Avoidance Matters

Review of Time Limits on Tax Avoidance Matters

Corporate and Commercial Law

The Supreme Court delivered a decision in the case of Droog v Revenue Commissioners on 6th October 2016, and held that the 4 year time limits for the process of Revenue “forming an opinion” under Section 811 of the Taxes Consolidation Act 1997 applied.

Cybersecurity: What Directors Need To Know

Internet Law and Regulation

Cybersecurity: What Directors Need To Know

Cybersecurity has become a pressing issue for companies. Getting it right is no longer a question just for the IT department but for the entire board of directors.

Published in Business Plus on Cybersecurity in Companies – 21 March 2017.

The Validity of Security

Banking and Corporate Lending

The Validity of Security

On the 9th of February 2017 the Court of Appeal gave Judgement on an issue concerning the non-registration by a Bank of a lien arising from an equitable deposit of title deeds, in accordance with Section 73 of the Registration of Deeds and Title Act 2006 (“the 2006 Act).

The Bank had failed to register its lien within the required 3 year period and it was argued by its customer appealing against an Order made in the High Court in favour of the Bank, granting a Well Charging Order and Order for Sale over the secured properties, that therefore, the security had lapsed and could not be enforced.

Cybersecurity: What Directors Need To Know

Cybersecurity: What Directors Need To Know

Internet Law and Regulation

Cybersecurity has become a pressing issue for companies. Getting it right is no longer a question just for the IT department but for the entire board of directors.

Published in Business Plus on Cybersecurity in Companies – 21 March 2017.

The Validity of Security

The Validity of Security

Banking and Corporate Lending

On the 9th of February 2017 the Court of Appeal gave Judgement on an issue concerning the non-registration by a Bank of a lien arising from an equitable deposit of title deeds, in accordance with Section 73 of the Registration of Deeds and Title Act 2006 (“the 2006 Act).

The Bank had failed to register its lien within the required 3 year period and it was argued by its customer appealing against an Order made in the High Court in favour of the Bank, granting a Well Charging Order and Order for Sale over the secured properties, that therefore, the security had lapsed and could not be enforced.

Payment Services Directive 2 (PSD 2) in Short

Payment Services Directive 2 (PSD 2) in Short

Banking and Corporate Lending

Public consultation of the implementation of Payment Services Directive 2 is imminent. The new regulatory framework it provides will the Commission argue reduce costs, improve the security of payments and facilitate the emergence of new players and innovative new mobile and internet payment methods.

Published in Financier Worldwide – December 2016

European Account Preservation Order

European Account Preservation Order

EU Regulation 655/2014 has been adopted by Ireland and creates a Mareva Injunction type relief across member states. In effect, it will make it more difficult for Debtor’s to put assets beyond reach of lawful Creditors.

Charities - Collaborate or Merge?

Charities - Collaborate or Merge?

Charities

Merger or other forms of collaborative working can make better use of charitable funds and property and provide better services for beneficiaries. For example if two charities in the same area are doing similar work and competing for funding, a merger may be the best way to secure funding and provide a united voice.

Introduction

Post a UK actual EU exit, Ireland will be the only Member State whose primary language is English.

Additionally, companies that incorporate in Ireland and satisfy the relevant legal requirements for the sector in which they operate, will be entitled to passport into all other EU member states whether on a cross border/freedom to provide services basis or by the establishment of a branch in an other member state.

Passporting for example in the case of a Bank would mean the right to carry on financial services activities in another EEA state either by providing cross border services or setting up a branch and providing them from that branch in the other EEA state.

Establishing a Base in Ireland

The allure of Ireland as a place for investment include our longstanding, stable EU membership, a low corporation tax of 12.5%, a very well educated workforce, a common law system based on the English model, superb air and sea links to Britain, a land border with Northern Ireland and, last but not least, Ireland is the only remaining country in the Eurozone with English as its primary language.

Corporation Tax in Ireland

Great uncertainty remains on the future relationship between the UK and the EU, and also on the UK rate of corporation tax (will it continue to come down or not) making it more difficult for EEA or non EEA business to decide whether to invest or not. Indeed, our corporate tax infrastructure is one of the core fiscal incentives attracting businesses to establish operations in Ireland.

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What is an Enduring Power of Attorney and do I need one?

What is an Enduring Power of Attorney and do I need one?

Wills, Probate and Estate Planning

An Enduring Power of Attorney (EPA) is a document that allows you to plan for the management of your future in the event that you become mentally incapacitated e.g. by way of stroke, dementia, Alzheimer’s etc. An EPA enables you to choose a person that you trust to manage your personal and financial affairs.

Capital Acquisitions Tax Thresholds

Capital Acquisitions Tax Thresholds

Wills, Probate and Estate Planning

The new tax-free thresholds have increased in each Group from 2015 and consequently represent an increase in the amount which may be inherited or passed on by way of gift without becoming subject to taxation.

The Law on the use of Faraday Cages in Public Establishments

The Law on the use of Faraday Cages in Public Establishments

Internet Law and Regulation

A publican in East Sussex, England recently installed a material in the walls of his premises which had the effect of preventing patrons from using their smartphones while inside.