Knowledge Development Box Update

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Knowledge Development Box Update

The Knowledge Development Box was introduced by Finance Act 2015, for those companies whose accounting periods commence on or after 1 January 2016. This legislation will allow small and medium sized companies engaged in research and development activities which led to the creation of the patent, copyrighted software or intellectual property (IP) equivalent to a patentable invention to reduce the tax paid on profits arising from these qualifying assets.

Updates to the legislation were enacted in September 2023 and from October 2023 the profits arising from patents, copyrighted software or IP equivalent to a patentable invention are now taxed at an effective rate of 10% rather than a previous effective rate of 6.25%.

Although this is not as favourable as it once was, if the profits arising from qualifying assets are significant, there could still be significant tax savings for companies.

Qualifying Assets

For the purposes of KBD, a qualifying asset would include the following assets that arose from R&D activities:

  • A computer programme
  • An invention protected by a patent
  • IP for small companies

Qualifying Income

Any income generated from the above qualifying assets will qualify for the relief. The income generally would include:

  • Royalty income
  • Licensing fees
  • Portion of sales price that is attributable to qualifying assets

Operation of Relief

The relief operates by allowing a tax deduction of 20% (from October 2023) of the qualifying profits from the R&D activities which results in an effective tax rate of these profits of 10%. In order to calculate the qualifying profits figure, there is a formula to use as follows:

QE + UE  x  QA
OE

QE – Qualifying expenditure
UE – Uplift expenditure
OE – Overall expenditure
PQA – Profits from qualifying assets

Qualifying expenditure includes costs that have been borne by the company, wholly and exclusively in carrying out R&D activities which result in the creation, improvement or development of the qualifying assets.

Overall expenditure is the overall expenditure the company has incurred on R&D on the qualifying assets. The main difference between qualifying expenditure and overall expenditure is that outsourced costs and acquisition costs incurred by the company in relation to qualifying assets can be included here.

An additional “uplift expenditure” is allowed to increase the qualifying expenditure on the qualifying asset. The uplift expenditure is the lower of:

  • 30% of the qualifying expenditure; or
  • the aggregate of the acquisition costs and group outsourcing costs.

As can be seen from the above, the formula seeks to restrict purchases costs of IP and group outsourcing – this makes it more beneficial to Irish companies who do all the majority of the development work in house rather than multinationals who outsource elements to group companies.

Claims for the KBD must be made within 24 months of the period end.

For further information on the above article or any other issue surrounding the Knowledge Development Box, please contact us.

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Family Partnerships – Tax Efficient Estate Planning Structure for the Benefit of Family Members

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Family Partnerships – Tax Efficient Estate Planning Structure for the Benefit of Family Members

Family partnerships have become a tax efficient estate planning structure that allows parents to gift assets to their children while still retaining control, through their function as managing partner, of the investment of those assets.

The transfer of assets to the partnership is subject to tax for both the parents (Capital Gains Tax – CGT) and the children (Capital Acquisitions Tax – CAT). Stamp Duty also needs to be considered. However, the tax may be minimised, where assets of current low value, but with an expectation that they will grow over time, are transferred.

By transferring assets into the partnership, any future gains on those assets can be shared among family members. The ability to strategically distribute gains can lead to substantial tax advantages when considering the long-term growth of family assets. Family partnerships serve as an effective vehicle for succession planning, ensuring a smooth transition of assets and wealth to the next generation while potentially minimizing inheritance tax liabilities.

The partners are liable to tax on income/capital gains arising from the partnership. One of the most notable tax advantages offered in this structure is the ability to distribute income among family members in a tax-efficient manner. By strategically structuring the partnership, income can be allocated to family members who fall into lower tax brackets, effectively reducing the overall tax liability.

A partnership agreement should be prepared setting out the terms of the partnership, typically each partner’s contributed capital determines their partnership share. This is typically 90% for the children and 10% for the parents. The Agreement appoints a managing partner. By agreement between the partners, the managing partner decides on the investment strategy for the funds and the distribution policy of the partnership. By having one or both parents as managing partner, they retain control of the assets.

The partnership can be either a limited or general partnership. In a Limited Partnership, the liability for all bar at least one partner is limited to the amount they have contributed. Therefore their liability to debts is capped. A General Partnership is less administratively burdensome but all partners are liable for the debts of the partnership without limit.

Family partnerships are a useful vehicle for preserving wealth, optimising taxes, and ensuring a smooth transition of assets within a family unit.

Please contact us if you have any queries in relation to Family Partnerships.

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Increased Cost of Business Grant

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Increased Cost of Business Grant

As part of Budget 2024, the government signed off on a package of €257 million for the Increased Cost of Business (ICOB) Grant to support small and medium sized businesses. It is intended to contribute towards the risings costs faced by businesses. However, it is not a Commercial Rates waiver; businesses are still required to pay rates to their local authority.

What is the grant amount?

The grant amount is based on the value of the Commercial Rates bill received by an eligible business in 2023.

  1. For qualifying businesses with a 2023 Commercial Rate bill of less than €10,000, the ICOB grant will be paid at a rate of 50% of the business’s Commercial Rate bill for 2023.
  2. For qualifying businesses with a 2023 Commercial Rate bill of between €10,000 and €30,000, the ICOB grant will be €5,000.
  3. Businesses with a 2023 Commercial Rates bill of greater than €30,000 are not eligible to receive an ICOB grant.

Who is eligible for the ICOB Grant?

The following are the main qualifying criteria:

  • Commercial Rates Bill must be equal to or less than €30,000 in 2023.
  • Business must currently operate from a property that is commercially rateable.
  • Business must have been trading on 1 February 2024, and intend to continue trading for at least three months.
  • Business must be rates compliant, (businesses with approved performing payment plans may be deemed compliant).
  • Business must be tax compliant and possess a valid Tax Registration Number (TRN).
  • Business must provide confirmation of bank details.
  • If your business operated from a property subject to a Property Entry Levy (PEL) in 2023, you are eligible to receive the grant based on the annualised (grossed-up) value of the PEL bill issued for that property.

Who is not eligible for the ICOB Grant?

  • Public institutions and financial institutions (with exceptions for Credit Unions and specific post office services, excluding Company Post Offices).
  • Vacant properties.

How can I apply?

Businesses are encouraged to use the ICOB portal.

The closing date for businesses to confirm eligibility and to upload verification details will be 1 May 2024. Payments will commence in late April 2024.

If you require assistance with your application for this grant, please contact Carol Hartnett from our Accounting & Financial Advisory Department.

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Crowleys DFK Nurtures Growth and Talent Through Recent Promotions

We are delighted to announce a series of exciting promotions within the firm. These promotions reflect our unwavering commitment to recognising and nurturing talent and mark a significant milestone in the career path of each team member.

Meet Our Newly Promoted Leaders

Meet Our Newly Promoted Leaders

Commenting on the promotions, Managing Partner, James O’Connor said:

“We are very proud to announce these well-deserved promotions and recognise the dedication, hard work, and commitment to excellence demonstrated by our employees. Each individual has made significant and invaluable contributions to both team and firm goals, furthering the continued success of Crowleys DFK.

As they begin this exciting new chapter of their careers, I have no doubt that they will continue to drive innovation, lead with integrity and provide excellent client services.

Congratulations everyone on achieving these important career milestones.”

If you are interested in developing your career with Crowleys DFK, please visit our Careers page. 

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Changes to CGT Retirement Relief for Individuals

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CGT Retirement Relief

Retirement Relief provides relief from CGT on the disposal of trading assets or shares in trading companies. To qualify for this relief, the main conditions are that the individual must be aged 55 or over and must be disposing of or transferring qualifying business assets. In addition, the individual must have been a working director of the company for 10 years and a fulltime working director for at least 5 of the years prior to the transfer.

The latter condition can be a stumbling block for many individuals seeking to claim this relief. For example, an individual may be a director of more than one company and therefore may not meet the full-time working director requirement.

The Finance Bill 2023 introduced changes on the restrictions that apply on retirement relief. These changes will come into effect from 1 January 2025.

Disposals to Children

At present, if the individual disposing of the qualifying assets is aged between 55 and 65 years of age and the disposal is to a child, full relief may be claimed.  From 66 onwards the relief is restricted to €3 million. The changes will now restrict relief available for individuals between 55 and 69 to €10 million. From 70 onwards the relief will be restricted to €3 million.

Disposals to Persons other than a Child

Under the current rules, there is full relief on disposals of qualifying assets up to a value of €750,000 where the disposal is made between ages of 55 and 65. From 66 onwards the cap is reduced to €500,000. The new rules will extend the €750,000 relief up to the age of 69. Similarly the €500,000 cap will be from the age 70 and onwards.

The table below summarises the new rules:

Disposal to: Current Rules: Changes – effective 1 January 2025:
Child
  • Unrestricted relief up to 65 years
  • From 66 years onwards relief restricted to €3m
  • Up to 69 years relief restricted to €10m
  • From 70 years onwards relief restricted to €3m
Person other than a child
  • Full relief on disposal of qualifying assets of up to €750k up to the age of 65
  • From 66 years onwards the cap is reduced to €500k
  • €750k is extended to 69 years
  • From 70 years onwards cap is reduced to €500k

Please contact us if you have any queries in relation to the changes to CGT Retirement Relief for Individuals.

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Share Options: New PAYE Withholding Requirements from 1 January 2024 – How does this Impact Employees?

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Share Options: New PAYE Withholding Requirements from 1 January 2024 – How does this Impact Employees?The shift of share options from the Irish self-assessment system to PAYE withholding from 1 January 2024 is a significant change arising from Finance (No. 2) Bill 2023. Prior to this, employees were required to report and remit taxes within 30 days of exercising an option on Form RTSO1.  Additionally, they were required to file an income tax return for the relevant year.

The changes set out in the Finance Bill outline that under the new system, employers are now required to report and make withholdings under the PAYE system on any gains arising after 1 January 2024 on the exercise, assignment or release of share options by employees.

What do employees need to be aware of?

  • The self-assessment regime continues to apply to gains arising on or before 31 December 2023, as does the obligation to register for Relevant Tax on Share Options (RTSO).
  • Share option gains is an area of focus for Revenue, therefore employees should ensure that their tax filings (Form RTSO1 and Income Tax returns) and payments in relation to relevant tax on share option exercises are up to date.
  • Failure to submit an income tax return in any year will result in a surcharge being applied by Irish Revenue. The surcharge is as follows:
    • 5% of the tax due up to a maximum of €12,695 where the income tax return is made within 2 months of the return filing date, or
    • 10% of the tax due up to a maximum of €63,485 where the return is made more than 2 months after the return filing date.

How can Crowleys DFK help?

Our tax team can support employees with preparing and filing income tax returns and RTSO1 returns in respect of share options exercised. Please contact us for assistance.

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Preliminary Tax Obligations for Income Tax & Corporation Tax

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Preliminary Tax Obligations for Income Tax & Corporation Tax

Individuals who file income tax returns and companies who file corporation tax returns have an obligation to pay preliminary tax:

1. Individuals

Preliminary tax is your estimate of the Income Tax, PRSI and USC that you expect to pay for a tax year. You must pay this by 31 October of the tax year in question.

The amount of preliminary tax for a year must be equal to, or more than, the lowest amount of the following:

  • 100% of the tax due for the immediately previous tax year
  • 90% of the tax due for the current tax year

It is necessary that you make a sufficient preliminary tax payment based on the above rules, as we have seen Revenue impose interest on underpayments.

As income tax returns are filed a year in arrears, i.e. your 2023 tax return will be due in October 2024, it is important to note that if you do not make a preliminary tax payment for the year in question, interest at a rate of 0.0219% will be incurred from the date that the payment was due.

For example, your 2023 tax return is due for filing on 31 October 2024. Your preliminary tax payment would have been due for payment on 31 October 2023. If you did not make the payment on 31 October 2023, Revenue may impose interest from 31 October 2023 when you file your return in 2024.

2. Companies

Irish resident companies and non-resident companies must pay Corporation Tax on taxable profits if:

  • a resident company trades in Ireland
  • a non-resident company trades in Ireland through a branch or agency
  • from 1 January 2022, a non-resident company is in receipt of profits or gains in respect of rental property in Ireland.

The rules of when a company should make their preliminary tax payment depends on whether they are classified as a Small Company or Large Company.

Small Companies

A small company is a company whose CT liability is not above €200,000 in the previous accounting period.

Small companies can base their preliminary tax for an accounting period on:

  • 100% of their CT liability for the previous accounting period
  • 90% of their CT liability for the current period (and there is provision for a top up payment to be made).

This must be paid on the 23rd of the eleventh month after the accounting period ended. For example, if the company’s year end is 31 December 2024, preliminary tax is due by 23 November 2024.

Large Companies

Large companies can pay their preliminary CT in two instalments when their accounting period is longer than seven months. The first instalment is due on the 23rd of the sixth month of the accounting period. The amount due is either:

  • 50% of the CT liability for the previous accounting period
  • 45% of the CT liability for the current accounting period.

The second instalment is due on the 23rd of the eleventh month. This will bring the preliminary tax up to 90% of the final tax due for the current accounting period.

For example, if the company’s year end is 31 December 2024, and they are a large company, the first instalment of preliminary tax is due on the 23rd of June and the 2nd instalment is due on the 23rd of November.

If preliminary tax isn’t paid by the above dates, interest is due at a daily rate of 0.0219% on late payments or payments that are not made in full. The interest is calculated by multiplying together the:

  • amount of tax underpaid
  • number of days the tax is late
  • interest rate.

If you have any queries about your preliminary tax obligations, please contact us.

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Updates to the Tax Debt Warehousing Scheme

Tax Debt Warehousing Scheme Updates Interest Reduced to 0%

On 5 February 2024, the Minister for Finance, Michael McGrath, announced significant changes to the Tax Debt Warehousing Scheme.

The Tax Debt Warehousing Scheme allowed businesses who experienced trading difficulties during the COVID-19 pandemic to defer paying certain tax liabilities until they were in a better financial position.

Minister McGrath has reduced the interest rate applying to warehoused tax debt to 0% from 5 February 2024. In addition, Revenue has confirmed that, where a business has already paid warehoused debt, which was subject to interest at 3%, it will get a refund of that interest.

Businesses who availed of this Scheme still have until 1 May 2024 to pay the warehoused debt in full or to enter into a formal payment plan with Revenue. Revenue confirmed that it is taking a flexible approach in relation to payment plans for warehoused debt. This will include the possibility to extend the duration of payment plans beyond the typical three to five-year duration on a case-by-case basis, and that an initial down payment may not always be required.

If you would like our assistance with agreeing a payment plan with Revenue, please contact us.

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Infrastructure Guidelines – Outline of Changes to the Public Spending Code

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Infrastructure Guidelines – Outline of Changes to the Public Spending Code

From January 1st 2024, changes have been made to the Public Spending Code (PSC) concerning infrastructural and large-scale capital projects. The new “Infrastructure Guidelines”, which have replaced the PSC requirements for capital expenditure as previously outlined in Public Spending Code: A Guide to Evaluating, Planning and Managing Public Investment, December 2019, apply to all Government departments, local authorities, the HSE, public bodies, and any other body in receipt of public funding. The new “Infrastructure Guidelines” describe a new project lifecycle, with a series of stages to be completed prior to implementing a project. Here we will cover the key areas you should be aware of, while our Expert Team is available to provide further explanation and assistance.

Key Players in the new Guidelines

Addressed mainly to stages in project lifecycle relating to evaluation, planning and management of public investment projects, the “Infrastructure Guidelines” create new responsibilities for key individuals involved in these areas. Three individuals or positions are of particular importance, these being the Accounting Officer (AO), the Approving Authority (AA), and the Sponsoring Agency (SA).

The AO’s responsibilities are considerable here. It falls to the AO to ensure that their Department/Office/Body and any other relevant agency under their remit are compliant with these guidelines. Additionally, the AO is responsible for managing the budgets of the individual projects and the capital budget for their area overall.

Ultimately the AO is responsible for the project and the “Infrastructure Guidelines” provide a wide range of specific responsibilities for the AO to fulfill, such as monitoring the project as it is implemented and Assessing the Final Business Case. Alongside the AO in fulfilling these responsibilities is the AA, referring to the Department funding the project. Both the AO and AA should be aware of the wide-ranging responsibilities set out in the “Infrastructure Guidelines”.

The SA may be a government department, local authority, state agency, higher education institute, cultural institution or other state body and its responsibilities lie in evaluating, planning and managing public investment projects. Again the “Infrastructure Guidelines” set out key tasks that must be fulfilled.

Stages in Project Lifecycle

The core of the new “Infrastructure Guidelines” relates to the new stages of the project lifecycle which have been established and which all projects must follow. The new guidelines focus on three preliminary stages in the lifecycle which occur prior to implementation, these being:

  1. Strategic Assessment & Preliminary Business Case
  2. Pre-tender – Project Design, Planning and Procurement Strategy
  3. Post Tender – Final Business Case

It should be noted that the guidelines provide a simplified version of this process for projects with an estimated capital cost of less than €20m. For these projects, the following two approval stages must be fulfilled prior to implementation:

  • Preliminary Business Case
  • Post Tender – Final Business Case

The “Infrastructure Guidelines” emphasise that these stages are “incremental”. This means that a project is not locked in merely from having passed the first or second stage. Should a project at, for example, the third approval stage, be deemed to be no longer worthwhile for whatever reason, the project can be set down.

Extensive guidelines for following these phases have been made available by the Department of Public Expenditure, National Development Plan Delivery and Reform. Below are the key areas relevant parties should consider:

1. Strategic Assessment & Preliminary Business Case

This “Strategic Assessment” refers to the process of determining and defining the rationale for a project and ensuring that it is in line with government policy. This assessment should be submitted to the Approving Authority which will then, if acceptable, move the project to the Preliminary Business Case.

At this stage, the Sponsoring Agency must develop a Business Case which sets out, for instance, the investment rationale and objectives of the project. It should include a description of the short-list of potential options to deliver objectives set out, assessment of affordability within existing resources, assessment of delivery risk, and several other areas. The purpose of the Preliminary Business Case, then, is to provide the AO and AA with information regarding the viability and desirability of public spending proposals. It also creates a framework for assessing  a project’s costs, benefits, affordability, deliverability, risks and sensitivities.

2. Pre-tender – Project Design, Planning and Procurement Strategy

The purpose of this stage is to develop the options set out in the Preliminary Business Case, with the end goal of developing a Detailed Business Case which will set out procurement strategy and project execution plan. This is a process of reviewing and confirming assumptions; approval from the AO and AA here moves a project to Tender. The critical issue to be considered in the Design and Planning Stage is ensuring that output requirements are given strong definition to avoid amendments later in the project.

3. Post Tender – Final Business Case

The development of the Final Business Case represents the final stage in the approval process for a project. Again the purpose here is to subject a project to critical scrutiny, using understanding developed relating to costs, benefits, risks, and delivery and applying this. The Final Business Case will be the document which will be used by the Approving Authority to determine whether a project is to progress to the award of contracts. It should be noted that this occurs after tendering. However, completion of the tendering process does not represent the award of a contract.

Major Projects

As noted above, for projects costing below €20 million, the above process has been simplified, requiring a Preliminary Business Case and a Final Business Case. For projects costing above €200 million, considered as “major projects” in the new guidelines, there are additional requirements in the project lifecycle.

Specifically, all “major projects” must, at the Preliminary Business Case stage, pass through an External Assurance Process. Furthermore, at this same stage, the Preliminary Business Case must be submitted to and reviewed by the Major Projects Advisory Group. Finally, Government consideration must be given to the project at both the Preliminary Business Case and Final Business Case stages.

Contributors
                                                    

Vincent Teo | Partner & Head of Public Sector & Government Services

Vincent Teo
Partner & Head of Public Sector & Government Services

 Dr. Conor Dowling | Research & Policy Executive | Risk Consulting

Dr. Conor Dowling
Research & Policy Executive
Risk Consulting
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Preparing for Mandatory Sustainability Reporting

Preparing for Mandatory Sustainability Reporting

In recent years, the European Union (EU) has been at the forefront of environmental regulation and policy actions aimed at mitigating climate change. In this regard, two of the most important policy changes that entities should be aware of are CSRD and ESRS, which we will discuss in this article.

CSRD and ESRS form part of a broader European regulatory landscape that aims to accelerate a green and just transition. These measures were triggered by the European Green Deal, a set of policy initiatives with the overarching aims of making the EU climate neutral by 2050, to decouple economic growth from resource use and to ensure that no person and no place are left behind.

What is CSRD?

CSRD stands for Corporate Sustainability Reporting Directive, an EU Directive that came into force on January 5, 2023. The aim of the Directive is to strengthen standards regarding how organisations report their environmental, social and governance (ESG) information. Furthermore, it aims to introduce a comprehensive and standardised means for entities within scope to disclose information regarding the sustainability-related impacts of their activities and thereby provide increased transparency to investors, funding bodies and institutions, consumers, the general public and other stakeholders on the impact their entities have on people and the environment.

The CSRD builds on the existing requirements of the Non-Financial Reporting Directive (NFRD) by expanding the number of entities required to mandatorily report on sustainability matters and to increase the level of information and disclosures required to be reported.

All EU member states have been given a maximum of 18 months to incorporate the provisions of the European CSRD into their national law.

What is ESRS?

ESRS stands for European Sustainability Reporting Standards. The European Commission adopted these standards on 31st July 2023. The ESRS are the sustainability reporting standards that entities subject to the CSRD will be required to apply.

The standards address a wide range of environmental, social, and governance challenges. Initially, the ESRSs consist of 12 standards including:

  • 2 cross-cutting standards
    • ESRS 1 General Requirements and ESRS 2 General Disclosures
  • 5 sector agnostic environment standards
    • ESRS E1 Climate Change
    • ESRS E2 Pollution
    • ESRS E3 Water and Marine Resources
    • ESRS E4 Biodiversity and Ecosystems
    • ESRS E5 Resource Use and Circular Economy
  • 4 sector agnostic social standards
    • ESRS S1 Own Workforce
    • ESRS S2 Workers in the Value Chain
    • ESRS S3 Affected Communities
    • ESRS S4 Consumers and End Users
  • 1 sector agnostic governance standard
    • ESRS G1 Business Conduct

Other ESRSs including sector-specific standards, SME proportionate standards and third-country company standards are expected to follow in the coming years.

The ESRSs are comprehensive in scope and require entities to rethink their reporting and sustainability strategies, resulting in significant changes to how entities will report on their ESG impacts going forward.

These new reporting requirements for entities will be phased in over time.

What is the CSRD Implementation Timeline?

Entities will come within the scope of the CSRD in four waves depending on the size and nature of the entities and the effective dates for reporting are as follows:

FY 2024 (Report in FY 2025)

  • Large undertakings and large groups with more than 500 employees that have securities listed on an EU-regulated market (i.e. Listed PIEs)
  • All entities currently subject to NFRD
  • Non-EU companies that have securities listed on an EU-regulated market and who meet the above criteria

FY 2025 (Report in FY 2026)

  • EU PIEs with less than 500 employees
  • All other large undertakings and large groups

FY 2026 (Report in FY 2027)

  • SMEs listed on an EU-regulated market
  • Certain small and non-complex institutions
  • Captive insurance undertakings

Note however that listed SMEs may opt out until years commencing January 1, 2028 and separate disclosure standards are expected to be developed for these SMEs.

FY 2028 (Report in FY 2029)

  • Ultimate non-EU parent companies who have generated net turnover of greater than €150m in the EU for each of the last 2 consecutive years and who have at least either a large subsidiary in the EU or an EU branch generating a net turnover of greater than €40m in the preceding year

Note however that separate disclosure standards are expected to be developed for ultimate non-EU parent companies.

What is a large undertaking?

Currently a large undertaking is defined as a large EU company or an EU company that is a parent of a large group where at least two of the following three criteria are exceeded on two consecutive balance sheet dates:

  • > 250 average number of employees in the financial year
  • > €40 million turnover
  • > €20 million total assets

How many entities are expected to be subject to CSRD?

It is currently estimated that approximately 49,000 entities will be subject to CSRD across the EU. This is a significant increase on the estimated 11,000 entities currently subject to NFRD.

What is the scope of the sustainability reporting requirements?

  • Entities in scope will be required to report on a double materiality basis. This means that entities will have to disclose not only the impacts on financial performance they face from a changing climate and other ESG matters (i.e. financial materiality), but also the impacts they themselves may have on the environment and society (i.e. impact materiality). If a matter is material from either viewpoint then an entity must disclose it.
  • The type of sustainability information that each entity will be required to disclose will depend on the specific circumstances and characteristics of each entity and their activities. However, generally entities will be required to disclose information on governance, climate, strategy, management of risks and opportunities, and various metrics and targets related to ESG matters.
  • Entities within the scope of CSRD will automatically also be in scope of Article 8 of the EU Taxonomy Regulation which requires reporting in respect of three KPIs and for eight qualitative disclosures to be made.
  • Entities will also have to consider and provide ESG information in respect of their entire value chain. However, to assist entities with the transition to the new requirements, for the first three years of reporting, where all reportable information on the value chain is not available, entities may elect to explain the efforts made to obtain this information, the reasons why the information could not be obtained and the plans the entity has to obtain the information in the future.

Where should entities report the required ESG information?

The information required by the ESRSs should be reported within the Directors’ Report and published with the entity’s annual financial statements.

In what format should entities report?

Entities must report sustainability information in a format that is both human readable and machine readable. Reports will have to be created in accordance with the European Single Electronic Format and be electronically tagged.

Is independent third-party assurance mandatory?

The assurance of ESG information by an appropriately qualified third party (which subject to national law options may include statutory auditors and other assurance service providers) is mandatory for those entities that fall within the scope of CSRD. Initially the level of assurance to be provided will be limited but over time the aim is for the level of assurance required to move to reasonable i.e. similar to the level of assurance currently required in respect of the annual audit of financial statements.

In order for an assurance provider to be able to provide an assurance opinion it will be crucial for the ESG data reported by entities to be verifiable. Similar to financial reporting, entities will therefore need to establish sound control frameworks over the capture and reporting of ESG data. A core element of this will be the establishment of effective ESG governance structures and the tone from the top. Roles and responsibilities of all involved in collecting ESG data will need to be clearly defined, where the data is stored and / or who holds the data (internally or externally) will need to be identified, systems for the collection and processing of the data will need to be determined, implemented and controlled and the data will ultimately need to be validated internally in the first instance before it is submitted to the assurance provider for audit.

If you require further information in relation to sustainability and future reporting requirements, please reach out to Natalie Kelly (Partner, Audit & Assurance), Fiona O’Sullivan (Director, Risk Consulting) or Ciara Long (Senior Associate, Audit & Assurance) for assistance.

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