Ireland offers an attractive business location for multinational companies, with a 12.5% corporate tax rate, double taxation treaties with 72 countries, and generous R&D and intellectual property tax incentives. Setting up a new company or branch is quick and straightforward, with no minimum capital requirements or need for Irish shareholders or officers. The tax system provides an effective zero tax rate on foreign dividends and income tax relief for foreign employees.
The Foreign Investment Regulation Review, Sixth EditionMatheson Law Firm
Pat English, partner and head of International Business, and Grace Murray, associate in International Business, co-author the sixth edition of The Foreign Investment Regulation Review.
Over 1,150 international companies have operations in Ireland. These companies are involved in a wide range of activities and sectors including technology, pharmaceuticals, biosciences, financial services and manufacturing. The attraction of Ireland as an investment location can be attributed to the positive approach of successive Irish Governments to the promotion of inward investment, its membership of the European Union (“EU”), a very favourable corporate tax rate and a skilled and flexible labour pool.
The purpose of this Guide is to provide an introduction to the major commercial and legal issues to be considered by international companies establishing business operations in Ireland and it provides general observations and guidance in relation to the many questions we have encountered from clients. Particular businesses or industries may be subject to additional legal requirements and specific advice may be required in these circumstances.
If you are considering Ireland as a location for your business we look forward to hearing from you.
The Foreign Investment Regulation Review, Sixth EditionMatheson Law Firm
Pat English, partner and head of International Business, and Grace Murray, associate in International Business, co-author the sixth edition of The Foreign Investment Regulation Review.
Over 1,150 international companies have operations in Ireland. These companies are involved in a wide range of activities and sectors including technology, pharmaceuticals, biosciences, financial services and manufacturing. The attraction of Ireland as an investment location can be attributed to the positive approach of successive Irish Governments to the promotion of inward investment, its membership of the European Union (“EU”), a very favourable corporate tax rate and a skilled and flexible labour pool.
The purpose of this Guide is to provide an introduction to the major commercial and legal issues to be considered by international companies establishing business operations in Ireland and it provides general observations and guidance in relation to the many questions we have encountered from clients. Particular businesses or industries may be subject to additional legal requirements and specific advice may be required in these circumstances.
If you are considering Ireland as a location for your business we look forward to hearing from you.
Whilst Ireland’s transfer pricing rules are therefore still relatively new, transfer pricing is becoming an increasing important issue to consider for multinationals operating in Ireland. Matheson’s Joe Duffy and Barry McGettrick discuss the importance of transfer pricing and the rules regarding domestic and international transactions.
Practical Law - Unlimited Companies: Companies Act 2014Matheson Law Firm
The Companies Act 2014 introduced a number of material changes for Irish unlimited companies. In an article forming part of a collection of articles for Practical Law on the Companies Act 2014, Kieran Trant and Dorothy Hargaden of Matheson’s Corporate Department examine the main differences between limited liability companies and unlimited liability companies under Irish law and identify the main changes to the rules governing unlimited liability companies brought about by the Companies Act 2014.
A short guide on the most important business forms in Ireland. Contact our lawyers for complete assistance when you open a company: https://www.lawyersireland.eu/.
Dutch tax saving possibilities for Ukrainian MNC’s. Juan TeltingICF Legal Service
Голландские компании в налоговом планировании. Как это работает. Организация substance (реального присутствия) в Нидерландах. Использование нидерландских компаний в международной торговле.
Juan Telting (STP Tax Lawyers. Netherlands)
Key Facts on Hong Kong Profits Tax Exemption 2021InCorp Global
Hong Kong is globally appreciated for its open and attractive foreign investment policies, from low tax rates to its business incubators. However, even more impressive is that a company incorporated in Hong Kong can actually be completely exempt from profit tax if said profits come from outside of Hong Kong.
While Hong Kong prides itself on its efficient regulation, there is still of course some red tape to cut to optimise your taxes fully. This article will go over the key facts for exemption on taxes from corporate profits in Hong Kong.
The tax-friendly nature of operating in Hong Kong is often touted, but many may not know what they actually entail. Before we get into the detail of profit tax exemption, let’s take a quick look at the major tax benefits for a company incorporated in Hong Kong.
Check www.incorp.asia/hong-kong for more information.
This is a famous tax avoidance strategy adopted by renowned multinationals like Apple, Google etc. This unique arrangement will leave you amazed and it is also very informative. Please read the detailed report to know more.
Slovak or foreign investors entering the Slovak market may choose between several corporate forms. The fundamental law in this area is the Slovak Commercial Code. The Commercial Code regulates the corporate forms and business (entrepreneurial) activities that are defined as systematic activities conducted independently by an entrepreneur (either an individual or legal entity), in their own name and under their own responsibility for the purpose of making a profit.
Marshall Island Offshore Company Registration GuideRikvin Pte Ltd
Marshall Islands is a zero-tax jurisdiction. Marshall Islands Offshore Incorporation offers also no withholding and capital gains taxes.
This makes Marshall Islands is an ideal place to setup a tax-efficient corporation to engage in international business, where minimal reporting and minimum record-keeping requirements and comprehensive confidentiality are among the features.
Key Facts for Limited Companies in Malta; a legitimate low tax EU jurisdiction
5% effective corporate tax rate, no withholding, capital gains or entry or exit taxes. No inheritance or wealth taxes.
Dubai is one of the busiest cities in the United Arab Emirates (UAE) and business and economic center. Many investors choose to open a business in Dubai because of the best economic conditions and the fact that the city encourages foreign direct investments. IBSS company formation, it is advisable to seek the help of a specialized professional. IBSS should be carefully considered, especially when investing in important business sectors like imports and exports. Certain businesses will require special permits and licenses as well as approvals from the government ministries. Our IBSS firm in Dubai works with qualified professionals and we can help you set up your new business.
Slovak or foreign investors entering the Slovak market may choose between several corporate forms. The fundamental law in this area is the Slovak Commercial Code. Read more in our 2019 guide for company formation!
Opening offshore company - By Jimit PatelJimitPatel53
INSTAGRAM @iamjimitpatel
Follow me on Instagram for help ------------
Opening offshore company - By Jimit Patel
Opening offshore company
opening offshore company presentation
What is offshore company
Register offshore company
Offshore company incorporation
Offshore company tax
Doing Business / Investing in Portugal (A quick guide)TAG Alliances
Created by: ESPANHA E ASSOCIADOS
Portugal is a unique European country to live or invest, evidencing, among other things, a pleasant all year climate, friendly people, passionate food, safety and a beautiful Atlantic coast-line with endless landscape views. Being part of EU since 1986, Portugal has seen significant growth since then, being now an indisputable modern western country, well-served in terms of network connections, business friendly laws, competitive and qualified professionals and, at the same time, a cost of living well below the EU average, which represents a clear advantage when you are thinking about investing or living abroad.
Whilst Ireland’s transfer pricing rules are therefore still relatively new, transfer pricing is becoming an increasing important issue to consider for multinationals operating in Ireland. Matheson’s Joe Duffy and Barry McGettrick discuss the importance of transfer pricing and the rules regarding domestic and international transactions.
Practical Law - Unlimited Companies: Companies Act 2014Matheson Law Firm
The Companies Act 2014 introduced a number of material changes for Irish unlimited companies. In an article forming part of a collection of articles for Practical Law on the Companies Act 2014, Kieran Trant and Dorothy Hargaden of Matheson’s Corporate Department examine the main differences between limited liability companies and unlimited liability companies under Irish law and identify the main changes to the rules governing unlimited liability companies brought about by the Companies Act 2014.
A short guide on the most important business forms in Ireland. Contact our lawyers for complete assistance when you open a company: https://www.lawyersireland.eu/.
Dutch tax saving possibilities for Ukrainian MNC’s. Juan TeltingICF Legal Service
Голландские компании в налоговом планировании. Как это работает. Организация substance (реального присутствия) в Нидерландах. Использование нидерландских компаний в международной торговле.
Juan Telting (STP Tax Lawyers. Netherlands)
Key Facts on Hong Kong Profits Tax Exemption 2021InCorp Global
Hong Kong is globally appreciated for its open and attractive foreign investment policies, from low tax rates to its business incubators. However, even more impressive is that a company incorporated in Hong Kong can actually be completely exempt from profit tax if said profits come from outside of Hong Kong.
While Hong Kong prides itself on its efficient regulation, there is still of course some red tape to cut to optimise your taxes fully. This article will go over the key facts for exemption on taxes from corporate profits in Hong Kong.
The tax-friendly nature of operating in Hong Kong is often touted, but many may not know what they actually entail. Before we get into the detail of profit tax exemption, let’s take a quick look at the major tax benefits for a company incorporated in Hong Kong.
Check www.incorp.asia/hong-kong for more information.
This is a famous tax avoidance strategy adopted by renowned multinationals like Apple, Google etc. This unique arrangement will leave you amazed and it is also very informative. Please read the detailed report to know more.
Slovak or foreign investors entering the Slovak market may choose between several corporate forms. The fundamental law in this area is the Slovak Commercial Code. The Commercial Code regulates the corporate forms and business (entrepreneurial) activities that are defined as systematic activities conducted independently by an entrepreneur (either an individual or legal entity), in their own name and under their own responsibility for the purpose of making a profit.
Marshall Island Offshore Company Registration GuideRikvin Pte Ltd
Marshall Islands is a zero-tax jurisdiction. Marshall Islands Offshore Incorporation offers also no withholding and capital gains taxes.
This makes Marshall Islands is an ideal place to setup a tax-efficient corporation to engage in international business, where minimal reporting and minimum record-keeping requirements and comprehensive confidentiality are among the features.
Key Facts for Limited Companies in Malta; a legitimate low tax EU jurisdiction
5% effective corporate tax rate, no withholding, capital gains or entry or exit taxes. No inheritance or wealth taxes.
Dubai is one of the busiest cities in the United Arab Emirates (UAE) and business and economic center. Many investors choose to open a business in Dubai because of the best economic conditions and the fact that the city encourages foreign direct investments. IBSS company formation, it is advisable to seek the help of a specialized professional. IBSS should be carefully considered, especially when investing in important business sectors like imports and exports. Certain businesses will require special permits and licenses as well as approvals from the government ministries. Our IBSS firm in Dubai works with qualified professionals and we can help you set up your new business.
Slovak or foreign investors entering the Slovak market may choose between several corporate forms. The fundamental law in this area is the Slovak Commercial Code. Read more in our 2019 guide for company formation!
Opening offshore company - By Jimit PatelJimitPatel53
INSTAGRAM @iamjimitpatel
Follow me on Instagram for help ------------
Opening offshore company - By Jimit Patel
Opening offshore company
opening offshore company presentation
What is offshore company
Register offshore company
Offshore company incorporation
Offshore company tax
Doing Business / Investing in Portugal (A quick guide)TAG Alliances
Created by: ESPANHA E ASSOCIADOS
Portugal is a unique European country to live or invest, evidencing, among other things, a pleasant all year climate, friendly people, passionate food, safety and a beautiful Atlantic coast-line with endless landscape views. Being part of EU since 1986, Portugal has seen significant growth since then, being now an indisputable modern western country, well-served in terms of network connections, business friendly laws, competitive and qualified professionals and, at the same time, a cost of living well below the EU average, which represents a clear advantage when you are thinking about investing or living abroad.
Artigo de opinião em que sou co-autor: “Responsabilidade social e as empresas do futuro”, na revista Marketeer, fevereiro de 2012.
A responsabilidade social das empresas assenta numa "equação" com três aspectos fundamentais: a responsabilidade social empresarial, a cidadania empresarial e o voluntariado empresarial.
Como é que isso acontece!? O artigo desenvolve o tema.
O texto foi escrito no âmbito da publicação do livro “Responsabilidade Social em Portugal”, edições Bnomics, junho de 2011, do qual sou co-autor.
OPORTUNIDAD LABORAL: Amigo quizás estés buscando una oportunidad si cumples con los requisitos y tienes la empresa o tu RUT para participar AQUÍ HAY UNA CONVOCATORIA PARA CONTRATAR........
Irish Holding Company Setup and TaxationBridgeWest.eu
The ease of creation and taxation are the main advantages of Irish holding companies. Discover more information about this business form here:https://irelandcompanyformation.com/taxation-of-holding-companies-in-ireland/.
Outsourcing the accounting for a company in Ireland means making sure that the data is accurate and that the legal entity is compliant. Find out more at: https://www.lawyersireland.eu/.
The Irish branch office is an entity available for foreign companies. If you are interested in setting one up, you can find out more about it from our article https://www.irelandcompanyformation.com/establish-a-branch-in-ireland.
The notable differences between the branch and the subsidiary, highlighted by our lawyers. Contact us for more details: https://www.lawyersireland.eu/.
Foreign investors are entitled to the repatriation of profits deriving from business activities carried out in Ireland. Our team of Irish lawyers can advise on this subject at https://www.lawyersireland.eu/.
Ireland is an advantageous location for holding companies, due to:
- Favourable tax treatment of dividend income;
- No Withholding Tax on dividends from Irish Holding Company to EU / tax treaty countries;
- No Capital Gains Tax on disposal of shareholdings in subsidiaries;
- Favourable tax regime for R&D / intangibles;
- Tax deductions for interest on borrowings;
- Favourable Withholding Tax regime for interest and royalty payments
- & more...
Ireland is an advantageous location for holding companies, due to:
- Favourable tax treatment of dividend income;
- No Withholding Tax on dividends from Irish Holding Company to EU / tax treaty countries;
- No Capital Gains Tax on disposal of shareholdings in subsidiaries;
- Favourable tax regime for R&D / intangibles;
- Tax deductions for interest on borrowings;
- Favourable Withholding Tax regime for interest and royalty payments
- & more...
We offer tailored company formation services for investors interested in setting up businesses in Ireland. Find out more about our services here: https://www.irelandcompanyformation.com/
IP is at the core of the modern business. The Irish Knowledge Development Box (KDB) encourages companies to develop original IP in Ireland. Any profits from the IP are taxed at 6.25%.
Slides from IBSA Webinar - Double Tax Treaties: Asia & Europe which took place on 18 September 2014, presented by John Timpany of KPMG China and Roy Saunders of IFS Consultants. To view the webinar on demand, please visit our Bright Talk Channel at https://www.brighttalk.com/channel/11641
DMIEXPO - Arosal - Where To Hold Your IP: The A To Z Guide For Digital MarketersMorning Dough
Arosal will walk you through the challenges and pitfalls which characterize the global tax scene post-BEPS, specifically as regards IP Boxes and the so-called ‘Nexus’ approach. We shall walk you through the process of registering and protecting your IP, whilst designing a robust international structure which will stand up to any BEPS-related challenge.
Furthermore, Arosal will outline the services which you will require, and the process through which these will be obtained regarding the implementation of your structure, whilst focusing on the tax optimization of the group’s entire structure as concerns all types of taxes. Finally, we shall discuss the administration of your international structure, and comment on the way forward in the global market place.
As an EU outermost region, the Canary Islands have an Economic and Tax System (REF) of their own, fully approved by the EU, which applies double taxation conventions and fiscal transparency (Canary Islands Hub)
Investing in Austria, Business Opportunities in Austria, Taxation of Partnerships, Corporations & Individuals, Holding Companies and Foundations, Mergers and Acquisitions, State-owned Enterprises, Liberalized Markets and New Technologies, Investment Incentives, Labor Law and Social Security, Real Estate Law, Banking, etc.
TAG Tax - Global Perspectives Call (U.S. Tax Update and Romania / Moldova Ove...TAG Alliances
The TAG Tax Specialty Group is proud to present its first in a series of virtual sessions aimed at exposing members to various international tax structures, policies and trends.
Date: February 8, 2017 at 11:00 am EST (New York, GMT-05:00)
Duration: 30 to 45 Minutes (Approx.)
Via: Webex (Register via the link below)
Complimentary for all TAG Alliances Members
[Note: If you are unable to attend or the time is not convenient for your time zone, please register for the webinar and you will receive a recording once it becomes available.]
~ In this edition: ~
U.S. Tax Update and What "Might" Be Ahead
International tax lawyer, Anna Derewenda of Williams Mullen (VA & NC, USA - TAGLaw), will provide members with an overview of what potentially lies ahead for the U.S. tax code and what businesses and individuals, both those in the U.S. and those with U.S. interests, can possibly anticipate.
Tax Overview Romania and Moldova
Bogdan Nastase of Group Expert Consulting (Romania - TIAG) will discuss common tax strategies in these very close, but very different countries. For example, even though these countries use the same language and business culture, Romania is an EU Member while Moldova is not—an interesting picture of international tax and financial planning.
Why Bulgaria? What are the advantages for a company to do business here? What is the most important thing to know for starting the investment? How to acquire citizenship and right of residence? What are the applicable incentives in relation to taxation, support by the administration, EU funds, etc.?
The team of Popov & Partners has developed a Doing Business Guide in Bulgaria which includes major issues for the prospective investor related to legislative regulations and requirements for starting a successful business in the country. The experts of the law office have selected and synthesized the relevant and important information for the investors as well as the main advantages of Bulgaria as a business destination.
Creators & Presenters:
Jill Bainbridge; Blake Morgan LLP (Southampton, England - TAGLaw)
Andre Haug; Rowedder Zimmermann Hass (Mannheim, Germany - TAGLaw)
Lutgarde Eraly; Marx Van Ranst Vermeersch & Partners (Belgium - TAGLaw)
This session will provide a critical update on the proposed European patent with unitary effect. Co-presenters from various parts of Europe will provide insights into what will be covered and where, the advantages and disadvantages of the Unitary Patent and a detailed look at how the Unified Patent Court will be structured. Members in attendance from around the world will benefit from the knowledge they will gain and will be able to help their clients plan their global patent strategies.
The Impact of Millennials from an Employment Law and Benefits PerspectiveTAG Alliances
Presenters & Creators:
Luís Almeida Caneiro, Espanha e Associados (Portugal - TAGLaw)
Paul Beard, Alexander Beard Group (United Kingdom - TAG-SP)
Naureen Hussain, Clarkslegal LLP (Reading, England - TAGLaw)
Danielle Muller, Rassers Advocaten (Netherlands - TAGLaw)
During the main conference sessions we will discuss how millennials and the generation gap are impacting our firms. In this session we will discuss and address how millennials impact our clients and prospective clients. The injection of talented millennials into the workforce has changed the way clients recruit, train and retain employees. Additionally, the benefits that were important to “the greatest generation” might not always strike a chord with millennials. What are the legal implications and concerns that lawyers need to communicate to their clients in regards to millennials (e.g. independent contractor versus employee)? What benefits can a client offer their millennial employees to have an advantage in the competitive market for talent? How are various jurisdictions adjusting to the new workforce in regards to taxation and pension implications? These questions and more will be answered in an interactive discussion with TAGLaw and TAG Alliances colleagues from around the world.
The Legal Implications of Sharing Economy Models: A Deeper Look into Uber’s I...TAG Alliances
Created and Presented by: Christopher S. Hill of Kirton McConkie
At our Santa Monica breakout session, we were introduced to several legal issues that have been impacted by the rapid growth of sharing economy businesses. Uber’s legal challenges provide a template for many of these sharing economy legal issues, from unfair competition to employment and agency. Courts are ruling that traditional analytical models and precedent do not translate and apply well to sharing economy circumstances. This session will provide a more in-depth report on several legal issues facing Uber and other sharing economy businesses such as Airbnb, and conclude with a roundtable-style discussion of experiences in these markets faced by the attendees.
Digital Currency… Out of the Shadows and into the SpotlightTAG Alliances
Moderator: Tom Maher, DQ Advocates (Isle of Man - TAGLaw)
Panelists:
Basil Bielich, Browne Craine & Co (Isle of Man - TIAG)
Sibina Eftenova, Popov & Partners (Bulgaria - TAGLaw)
Erin Fonte, Dykema Cox Smith (Texas, USA -TAGLaw)
Sinead O'Connor, DQ Advocates (Isle of Man - TAGLaw)
Bitcoins, cryptocurrencies, or digital currencies… call them what you will, but they are in the headlines daily and may become the future of currency exchange. The legal and financial implications of these new methods of currency transfer affect clients and their customers. Our expert panel will analyze the current updates in regulatory compliance and law enforcement efforts surrounding electronic currency.
Is this just a fad or are we seeing the future of “money” before our very eyes?
What business opportunities arise for law and accounting firms in digital currency space?
Does the technology behind digital currency have other applications in the business world?
The Common Market for Eastern and Southern Africa (“COMESA”) launched a Free Trade Association (“FTA”) on 31 October 2000. The FTA is regulated by the Treaty Establishing the Common Market for Eastern and Southern Africa (“the Treaty”).
The term ‘TRANSFER PRICING’ refers to the process by which related entities set up the prices at which they transfer goods and services between each other.
Transfer pricing between related parties in different tax jurisdictions has become a major issue for revenue collectors due to the varying corporate tax rates applied across such parties. Techniques used by multinational corporations to manipulate their taxable income across jurisdictions result in huge losses in domestic tax revenue for many countries.
This is particularly prevalent when dealing with intangible property, due to the difficulty and disagreement in attributing exact values and royalty rates to intangible property and the ease at which such values can be manipulated.
Transfer pricing control therefore refers to the mechanisms employed by revenue collectors to curb such pricing manipulation.
Doing Business in South Africa - Adams & AdamsTAG Alliances
The purpose of this guide is to give readers a brief overview of key aspects of South African law. It is aimed at organisations and persons from other countries who are interested in doing business in South Africa.
This guide gives indications of applicable considerations from a commercial, tax and general regulatory point of view. Areas covered include, Black Economic Empowerment, Company Law
Types of Business Entities, Mergers & Acquisitions, Corporate Governance, Overview Of The South African Tax System, Exchange Control, Employment Law, Work Permits & Visa, Competition Law, Data Protection, Intellectual Property, ICT Law, and Agency, Licensing, Distribution and Financing.
Bufete Escura (Spain - TAGLaw)
This presentation contains information regarding the Corporate Criminal Compliance, already in force in other countries that has been established in Spain through the amendment of the Criminal Code, since July 2015.
TAGLaw Finishes 2015 by Adding Five New Member FirmsTAG Alliances
TAGLaw® continues its global growth, by recently admitting five new members in the final quarter of 2015. In total, ten firms have joined TAGLaw this calendar year. The newest member firms include:
• ASW Law in Bermuda;
• Batalla Salto Luna in Costa Rica;
• Gardetto Law Offices in Monaco;
• Kuri Breña, Sanchez Ugarte and Aznar in Mexico; and
• Perlman Vidigal Godoy Advogados in Brazil.
Investments and Trade in Spain - October 2015TAG Alliances
Bufete Escura is one of the most well known and respected Law firms in Barcelona. A client centered service, coupled with high quality ethical standards form the basis of our mission. Our longstanding service ethic has resulted in us becoming the reference Law firm for a wide range of business associations who trust our firm as the Law firm they recommend to their associates. Bufete Escura delivers legal services to a great number of global companies, who trust in us to supervise and advise their subsidiaries due to our specialist knowledge of the regulatory and business framework both in Catalonia and throughout Spain. We must emphasize our special relationship with Italian companies based or willing to be based in the Barcelona area, given that we have several collaboration agreements signed with different Italian Chambers of Commerce.
New Law for Restructuring and Insolvency in the Dominican RepublicTAG Alliances
On August 7, 2015, a new law on Restructuring and Liquidation of Companies and Business Persons (“Law No. 141-15”) was signed into law in the Dominican Republic. The law establishes mechanisms and proceedings to protect creditors in cases of financial difficulty of their debtors by allowing the latter to remain in operation and overcome the economic difficulties that thwart them from complying with previously undertaken obligations, thus achieving business continuity of companies and business persons. Likewise, the Law establishes a legal framework applicable to restructuring and cross-border insolvency proceedings. The Law will enter into effect on February 7, 2017, a date that is 18 months following its enactment.
Marisol Vicens
Headrick Rizik Alvarez & Fernandez
TAG Tax European Newsletter - Spring 2015 (TAGLaw and TIAG)TAG Alliances
Once again thanks to the efforts of Pascal Schultze and his colleagues at GGV, our latest TAG Tax European Newsletter has been released. The newsletter contains insightful, substantive articles by TAG Tax members on tax issues found in various jurisdictions across Europe. In this edition, our fourth since December of 2012, we have articles addressing developments in tax law in France, Poland, Northern Ireland, and the broader United Kingdom.
We would especially like to thank our contributors to this TAG Tax European Newsletter. They are:
- Pascal Schultze of GGV, Paris, France
- Lyn Hagan, Goldblatt McGuigan, Belfast, Northern Ireland
- Patrycja Gozdziowska, SSW, Warsaw, Poland
- Geoffrey Todd, Boodle Hatfield, London, England
- Anne Rose, Burgis & Bullock, Leamington Spa, England
We hope you find this information valuable in your practice, and we always welcome our members from any jurisdictions to submit articles to Pascal Schultze at schultze@gg-v.net that are of direct relevance to the European tax issues and developments. Thank you all for your interest and continued participation in the TAG Tax group.
TAGLaw and Lawyers from Around the World Support Ebola Relief Efforts of Doct...TAG Alliances
Donation of $10,000 to Doctors Without Borders will help provide critical Ebola relief in West Africa.
St. Petersburg, Florida (November 07, 2014) – TAG Foundation trustees have approved the disbursement of $10,000 USD from the foundation's funds to assist Doctors Without Borders / Médecins Sans Frontières (MSF) in their Ebola relief efforts in West Africa.
TAG Foundation is the charitable organization founded by TAGLaw®, an international alliance of independent law firms, and its broader organization, The TAG Alliances™. The TAG Foundation is supported by contributions from TAGLaw members who have a long history of supporting relief efforts from natural disasters or humanitarian crises.
MSF's West Africa Ebola response started in March 2014 and counts activities in Guinea, Liberia and Sierra Leone. In response to a confirmed case in Mali, an MSF team arrived in the country this week to reinforce MSF's regular mission and provide technical support to the Ministry of Health.
"With more than 9,000 reported cases, 4,876 deaths, and a direct or indirect impact on jurisdictions where we have members, we want to take an active leadership role in helping to alleviate the devastating effects of this humanitarian crisis by supporting the heroic efforts of Doctors Without Borders," said Peter Appleton Jones, Chairman & Founder of TAGLaw and TAG Foundation trustee. "The impact of politics and the media has only been to sow fear, hysteria and more sadly, division. We want to change that with positive efforts and energy." Mr. Appleton Jones adds, "This and other TAG Foundation initiatives speak to the very heart of what TAGLaw and the TAG Alliances are about."
Czech Republic Law Firm, Zilvarová, Ctibor, Hladký Joins TAGLaw TAG Alliances
Zilvarová, Ctibor, Hladký Joins TAGLaw
Leading Czech law firm joins international alliance of more than 153 independent firms.
St. Petersburg, Florida (November 3, 2014) - TAGLaw® recently named Zilvarová, Ctibor, Hladký as its member for The Czech Republic. This puts TAGLaw’s growing membership at 153 independent member firms that employ over 9,300 lawyers located in 320 offices throughout 84 countries. These metrics make TAGLaw one of the 4th largest law firm alliances in the world.
Budidjaja & Associates Law Firm in Indonesian Joins TAGLaw AllianceTAG Alliances
St. Petersburg, Florida, USA (July 24, 2014) - TAGLaw® has recently named Budidjaja & Associates (B&A) its member for Jakarta, Indonesia. This puts TAGLaw’s growing membership at 150 member firms who employ over 9,200 lawyers located in 320 offices throughout 84 countries.
Established in 2007, B&A is a full-service, independent Indonesian law firm. The firm has quickly established a reputation as one of the leading legal practices in Indonesia and has received recognition from legal directories and publications such as IFLR, The Legal 500 and others. B&A serves a wide range of international and domestic clients in a number of practice areas including: Corporate, Mergers and Acquisitions, Employment / Industrial Relations, Dispute Resolution, Shipping / Maritime, Energy and Natural Resources, as well as Banking and Finance.
About TAGLaw and the TAG Alliances™
Founded in 1998, TAGLaw is an international alliance of high-quality, independent law firms. In 2013, Chambers Global ranked the alliance “Elite”, the highest ranking awarded to legal networks. The TAG Alliances comprise three groups: TAGLaw, TIAG® (The International Accounting Group), and TAG-SP™. TIAG is an international alliance of high quality, independent accounting firms and TAG-SP is a complementary association of strategic business partners. Collectively, the TAG Alliances provide legal, accounting, financial and business support services on a worldwide scale. With approximately 15,725 professionals in 260 member firms, and 530 offices in over 90 countries, the TAG Alliances serve tens of thousands of clients from all industry and commercial sectors. For more information, visit www.TAGLaw.com.
B2B payments are rapidly changing. Find out the 5 key questions you need to be asking yourself to be sure you are mastering B2B payments today. Learn more at www.BlueSnap.com.
Navigating the world of forex trading can be challenging, especially for beginners. To help you make an informed decision, we have comprehensively compared the best forex brokers in India for 2024. This article, reviewed by Top Forex Brokers Review, will cover featured award winners, the best forex brokers, featured offers, the best copy trading platforms, the best forex brokers for beginners, the best MetaTrader brokers, and recently updated reviews. We will focus on FP Markets, Black Bull, EightCap, IC Markets, and Octa.
Understanding User Needs and Satisfying ThemAggregage
https://www.productmanagementtoday.com/frs/26903918/understanding-user-needs-and-satisfying-them
We know we want to create products which our customers find to be valuable. Whether we label it as customer-centric or product-led depends on how long we've been doing product management. There are three challenges we face when doing this. The obvious challenge is figuring out what our users need; the non-obvious challenges are in creating a shared understanding of those needs and in sensing if what we're doing is meeting those needs.
In this webinar, we won't focus on the research methods for discovering user-needs. We will focus on synthesis of the needs we discover, communication and alignment tools, and how we operationalize addressing those needs.
Industry expert Scott Sehlhorst will:
• Introduce a taxonomy for user goals with real world examples
• Present the Onion Diagram, a tool for contextualizing task-level goals
• Illustrate how customer journey maps capture activity-level and task-level goals
• Demonstrate the best approach to selection and prioritization of user-goals to address
• Highlight the crucial benchmarks, observable changes, in ensuring fulfillment of customer needs
Top mailing list providers in the USA.pptxJeremyPeirce1
Discover the top mailing list providers in the USA, offering targeted lists, segmentation, and analytics to optimize your marketing campaigns and drive engagement.
In the Adani-Hindenburg case, what is SEBI investigating.pptxAdani case
Adani SEBI investigation revealed that the latter had sought information from five foreign jurisdictions concerning the holdings of the firm’s foreign portfolio investors (FPIs) in relation to the alleged violations of the MPS Regulations. Nevertheless, the economic interest of the twelve FPIs based in tax haven jurisdictions still needs to be determined. The Adani Group firms classed these FPIs as public shareholders. According to Hindenburg, FPIs were used to get around regulatory standards.
Structural Design Process: Step-by-Step Guide for BuildingsChandresh Chudasama
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2. 1
Contents
Why Ireland 2
Getting Started 3
Taxation 5
Investment Incentives 8
Financial Services 9
Technology and Intellectual Property 11
Employment 12
Data Privacy 14
Real Estate 15
Further Information 16
3. 2
Why Ireland?
Ireland is ranked as the most successful country in the world at attracting foreign
direct investment 1
and over 1200 international companies have chosen to base
their EMEA operations in Ireland.
The only English speaking member of the
Eurozone with access to 500 million consumers
Stable corporation tax rate of 12.5 % and
double taxation treaties with 72 countries
Generous R&D tax credits
of up to 25%
A straightforward and business friendly environment, ranked as the
4th best country in the world for business 2
The first OECD-compliant Knowledge Development Box which can
result a 6.25% corporate tax rate on qualifying profits.
A highly educated, English speaking workforce which is the
youngest in Europe and ranked 1st in the world for the flexibility
and adaptability 3
A wide variety of incentives for inward investors
1
IBM 2015 Global Locations Trends Report
2
Forbes Best Country for Business Report 2015
3
IMD World Competitiveness Yearbook 2014
4. 3
Getting Started
Quick and straightforward to incorporate a
new company or register a branch
No minimum capital
requirements
No requirement for shareholders
or officers to be Irish
Transparent corporate
governance regime
INTRODUCTION
Inward investors into Ireland use a variety of structures to enter the Irish market.
The right structure will depend on factors such as the specific sector, business
product, service and the extent to which a local presence is required. Examples
include:
• Trading through a private limited liability company;
• Setting up an Irish registered branch office;
• Acquiring an existing business in Ireland;
• Using a joint venture with a third party; and/or
• Entering into partnership with another business.
The two entities most often used by inward investors setting up in Ireland are
the limited liability company or a registered branch office. Most inward investors
chose a limited company which is usually set up as a wholly owned subsidiary of
the inward investor parent company.
QUICK AND EASY INCORPORATION
Incorporating new Irish companies or registering a branch for a non-Irish
company is a straightforward and quick process. Limited liability companies can
be established within five working days.
FLEXIBLE FINANCING
Irish companies can be financed by way of debt, subscription for shares, and, in
certain circumstances, contribution of capital without an issue of shares. There is
no restriction on the size of share capital or the currency in which the share capital
is denominated.
COMPANY OFFICERS
Irish companies are required to have at least one director who is resident in the
EEA or to have put in place an insurance bond to the value of €25,395. A corporate
entity can act as a company secretary but a director must be a natural person.
5. 4
STRAIGHTFORWARD SHAREHOLDER REQUIREMENTS
Shareholders are not required to be Irish and may be corporate entities or
individuals. A private limited company must have at least one shareholder and
cannot have more than 149 shareholders.
BANK ACCOUNTS
Unlike many other European countries, it is not necessary to establish a bank
account before registering an entity in Ireland.
TRANSPARENT CORPORATE GOVERNANCE
The day-to-day management of an Irish company is normally carried out by its
board of directors. Directors have a wide range of responsibilities under Irish
law. Further guidance is available from the Office of the Director of Corporate
Enforcement at www.ocde.ie.
AUDITORS AND ACCOUNTS REQUIREMENTS
All Irish companies, except certain small companies, must appoint an auditor and
Irish companies and branches registered in Ireland are required to publicly file
accounts.
REGISTERED BRANCHES
As an alternative to incorporating a new Irish company, a registered branch
operation can be easily established and enjoys relatively discrete ongoing filing
requirements. Often a registered branch is seen as a “lighter” form of entry into
the Irish market, with lower regulatory requirements and maintenance costs than
a limited company. This can be an attractive option for inward investors who want
to take a tentative first step into the Irish market or where the levels of activity in
Ireland are likely to remain limited.
IMMIGRATION
If the business is considering sending an employee to Ireland to work, it is
important to obtain immigration advice before registering an Irish entity. Please
see the Employment section of this guide for further details.
IRELAND AS A GLOBAL BUSINESS CENTRE
The ease of establishing a business presence in Ireland is just one of the reasons
that it has been chosen by:
9 of the top 10 global
software companies
13 of the world’s top
15 medical technology
companies
15 of the world’s top
25 financial services
companies
9 of the world’s top 10
pharma companies
14 of the top 15 global
aviation lessors
All 10 of the world’s top
10 ‘born on the internet’
companies
6. 5
Taxation
Attractive holding company location
with tax treaties with 72 countries
Effective zero tax rate for foreign
dividends
Income tax relief for
foreign employees
12.5% corporation tax, one of the EU’s
lowest
25% Research & Development tax credit
6.25% preferential tax rate on income arising from intellectual
property with the Knowledge Development Box
INTRODUCTION
Ireland enjoys a transparent and business-friendly tax environment centred around
its attractive and stable corporation tax rate, generous tax credits for research and
development and innovative reliefs on activities involving intellectual property.
COMPETITIVE AND STABLE CORPORATION TAX RATE
Ireland’s corporate tax rate of 12.5% on trading income is one of the lowest
“onshore” corporate tax rates in the world. The 12.5% tax rate is applicable to
trading income in general and is not an incentive rate.
Irish tax resident companies are liable to tax on their worldwide income and gains
while foreign branches are liable on their Irish source income.
Corporation tax at the rate of 25% applies to investment income, certain land
dealing activities as well oil, gas and mineral exploitation.
ATTRACTIVE LOCATION FOR HOLDING COMPANIES
Irish located holding companies may avail of numerous incentives including:
1. Capital gains tax participation exemption on disposals of companies
(shareholding of 5% or more) that are trading and tax resident in an EU or tax
treaty country.
2. Effective tax exemption for foreign dividends through “onshore pooling” which
enables foreign tax credits to be mixed so that no additional Irish tax may arise.
Unused foreign tax credits may also be carried forward.
3. No withholding tax on outward bound dividends and interest paid to EU
member states and most tax treaty countries.
4. Ireland’s extensive double taxation treaty network with 72 countries.
5. No controlled foreign corporation rules.
12.5%corporate tax
rate in Ireland
Ireland 12.5%
Singapore 17%
UK 21%
Netherlands 25%
China 25%
Germany 29.58%
USA 40%
7. 6
TIEAsDouble taxation treaty
with Ireland
RESEARCH AND DEVELOPMENT (R&D) TAX CREDIT
Ireland’s R&D tax credit scheme allows qualifying R&D expenditure to generate a
25% tax credit for offset against corporation tax or it can be refunded in cash. This
is in addition to the normal tax deduction at 12.5%.
The R&D tax credit is available to Irish resident companies and branches on the
cost of in-house qualifying R&D undertaken within the European Economic Area
(EEA), provided that such expenditure is not otherwise eligible for tax benefits
elsewhere in the EEA.
A company may surrender some, or all, of its R&D credits to key employees
working in R&D, so that they reduce their income tax payable.
TAX RELIEFS ON INTELLECTUAL PROPERTY
Capital expenditure on the acquisition of intangible assets may be written off over
the life of the asset or fifteen years (whichever is shorter). The relief is provided
by allowing the accounting amortisation of the asset as a tax deduction against
trading income from the management, development or exploitation of the
intangible asset concerned.
8. 7
KNOWLEDGE DEVELOPMENT BOX
Ireland has introduced the first OECD-compliant Knowledge Development Box.
In brief, where a company qualifies for the Knowledge Development Box relief,
it is entitled to a 50% allowance on its qualifying profits which, in effect, results
in a 6.25% corporate tax rate on those qualifying profits. With proper planning,
the Knowledge Development Box relief can be of great benefit to multinational
enterprises.
PERSONAL TAXES
Where income is earned under a foreign employment contract, such income will
be liable to Irish tax to the extent attributable to duties undertaken in Ireland.
Foreign executives may reduce their Irish tax liabilities through numerous
exemptions and reliefs including the remittance basis of taxation which can be
used to limit an executive’s Irish tax liability to Irish source income and remitted
income (foreign income and gains brought into Ireland). Advance structuring can
greatly reduce the remitted income that is liable to tax in Ireland.
The Special Assignee Relief Programme (SARP) provides income tax relief to
qualifying employees by allowing them to have a portion of their employment
income not liable to income tax in Ireland. Transferred employees arriving
between 2015 and 2017 may elect to have 30% of their employment income and
benefits exceeding €75,000 not liable to Irish income tax. Additionally, employees
who qualify for SARP may also receive, free of tax, specific expenses for travel and
costs associated with the education of their children in Ireland.
The employee must have been employed by their employer for at least six
months before arriving in Ireland. SARP may be claimed for a maximum of
five consecutive years. An employer, for SARP purposes, is a company that is
incorporated and tax resident in a country with which Ireland has a double tax
treaty or a tax information exchange agreement.
9. 8
Investment Incentives
Ireland is ranked first in the world for the attractiveness of its investment
incentives4
for inward investors with a wide variety of programs available from
numerous state agencies.
IDA Ireland is charged with securing inward
investment into Ireland. IDA grant aids are
available for inward investors including capital
grants, R&D grants and employment grants. It
should be one of the first points of contact for
inward investors. For further information, visit
www.idaireland.com
Údarás na Gaeltachta encourages investment in
the Irish speaking areas of Ireland through a range
of incentives for new and existing enterprises. For
further information, visit www.udaras.ie
Techlife is a state-led initiative to attract up to
3,000 top technology professionals to Ireland
each year. For further information, visit www.
techlifeireland.com
Connect Ireland is a scheme to attract small
businesses to Ireland. For further information,
visit www.connectireland.com
InterTradeIreland, a cross-border trade and
business development body, runs a programme
called ‘Elevate’ to assist with sales development
by providing financial or mentoring assistance to
help identify cross- border markets or customers,
and win new business throughout Ireland and
Northern Ireland. For further information visit
www.intertadeireland.com
4
IMD World Competitiveness Yearbook 2014
10. 9
Financial Services and
Investment Funds
Ireland is a global centre for financial services and investment funds. Over EUR
3.2 trillion of investment fund assets are under administration in Ireland which
is also the location of choice for over 1,100 fund promoters, many international
insurance providers and over eighty international banks.
Access to EU markets for regulated UCITS funds through the EU
passporting regime
World leader in aircraft leasing with fourteen of the world’s fifteen
largest aircraft lessors located in Ireland
International hub for insurance and re-insurance with a gross roll up
system avoiding tax charges during the life of insurance policies
Global centre for alternative investment funds
REGULATED FUNDS AND EU PASSPORTING
The majority of Irish regulated funds are Undertakings for Collective Investment
in Transferable Securities (UCITS) funds which are open-ended retail investment
vehicles investing in transferable securities and other liquid financial securities.
UCITS funds may avail of a “single passport” throughout the EU and once
established and regulated in Ireland, UCITS funds may be marketed and sold
to the public in all EU member states, provided it complies with the applicable
investment and borrowing requirements.
The non-UCITS regime is designed for funds which employ more complex
investment strategies and which primarily target sophisticated investors.
WORLD LEADER IN ALTERNATIVE INVESTMENT FUNDS
Ireland is seen as a global centre for alternative investment funds (AIF). The
principal type of AIF in Ireland is the Qualified Investor Alternative Investment
Funds (QIAIF).
QIAIFs offer flexibility for alternative investments such as infrastructure funds,
hedge funds, private equity funds and REITs and are only open to certain investors.
GLOBAL CENTRE FOR AVIATION FINANCE
Over 50% of all of the world’s commercially leased aircraft are owned or managed
from Ireland with fourteen of the top fifteen lessors by fleet size being located in
Ireland5
. No transfer taxes apply to the transfer of ownership of aircraft and aircraft
lessors typically enjoy full recovery of VAT on costs associated with aircraft leasing.
11. 10
INSURANCE AND REINSURANCE
A considerable number of the world’s leading insurance and reinsurance providers
have selected Ireland as their global headquarters.
Ireland is a particularly attractive location for life insurance companies due to its
gross roll up system which enables policyholders’ investments to grow tax-free
throughout the term of the investment with a tax charge (a rate of 41%) only
arising when payment is made to the policyholder. Exemptions to the tax charge
are available where the policyholder is not resident in Ireland.
SECURITISATION AND STRUCTURED FINANCE
Ireland offers favourable tax treatment for qualifying special purpose companies
(SPCs) which hold and/or manage or have an interest in, a wide range of
qualifying assets. This enables the establishment of an effectively tax-netural,
onshore, EU member SPC which can benefit from Ireland’s extensive tax treaty
network to minimise withholding tax leakage.
ONGOING STATE COMMITMENT TO THE FINANCIAL SERVICES
INDUSTRY
As part of its International Financial Services 2020 Strategy, the Irish Government
is committed to creating 10,000 new jobs in the international financial services
sector by 2020.
SUCCESSFUL REIT REGIME
Ireland introduced Real Estate Investment Trust (REIT) legislation in 2013 and
there are currently three Irish-listed REITs operating in the commercial property
and residential property sectors.
5
IDA Ireland
12. 11
Technology and Intellectual
Property
Ireland is a world renowned business centre for technology businesses and for
businesses with significant intellectual property rights (IP) assets. It is the EMEA
location of choice for major digital services and content providers such as Google,
Facebook, Twitter and Linkedin.
A supportive legal and business ecosystem for the creation and
exploitation of IP and technology
A favourable culture and regulatory regime for growing start- ups
focused on science, research, IP and technology
A young and skilled workforce ensures favourable conditions for
investment in IP and technology intensive businesses
Technology, science and IP are focused on in government policies
as areas to be supported fiscally
INTELLECTUAL PROPERTY
Ireland’s IP regime recognises and creates rights of copyright, databases, patents,
designs, trademarks and plant varieties. Confidential information, know-how and
trade secrets are respected and protected by Irish law. IP disputes automatically
qualify to be heard in the “fast track” commercial division of the Irish High Court,
to facilitate their prompt resolution.
Due to Ireland’s stable legal environment, favourable corporation tax rate and IP-
specific tax incentives, many international corporations chose to locate their IP
assets in Ireland and use Ireland as a base to licence IP assets.
ECOMMERCE
Ireland has been recognised as a global digital hub for many years. Local and
international businesses use Ireland as a platform from which to trade throughout
the world.
Ireland has enacted the EU Distance Selling Regulations which deal specifically
with off premises contracts, distance selling and contracts concluded electronically.
Online traders or those concluding contracts which are off-premises contracts
are required to provide certain information to their customers and are subject to
certain obligations in relation to the cancellation and return of products as well as
“cooling-off” periods.
ELECTRONIC COMMUNICATIONS
The Commission for Communications Regulation regulates the Irish electronic
communications sector. The Irish telecommunications market is open to the
introduction of new services, including licences to provide wireless broadband
13. 12
access which is available throughout Ireland. The Irish Government is actively
involved with service providers to ensure that areas where wireless access is less
commercially viable, are covered with the necessary services.
The Irish mobile communications industry continues to expand, in turn
supporting growth and innovation within the technology sector in Ireland. Digital
services and content providers are experiencing continued growth, particularly in
Dublin which is a hub for Irish and international businesses operating globally.
CLOUD COMPUTING
Ireland continues to be the foremost platform from which many companies carry
out their cloud-based businesses for Europe. Many internationally recognised
businesses such as Google, Yahoo!, Facebook and Amazon, have chosen to locate
their data centres in Ireland, through which much of their data traffic and the
hosting of most other services for Europe, takes place.
The advantages afforded by high speed fibre optic networks, reasonable energy
rates, a temperate climate (which provides a suitably cool atmosphere for the
operation of these centres) and Ireland’s political and geological stability makes it
an ideal headquarters for datacentres.
14. 13
Employment
EEA citizens may work and live freely in Ireland and an efficient work permit
regime allows for the transfer of non-EEA employees to Ireland. Irish law grants
a range of protections to employees but is often considered a more flexible and
employer-friendly than most other European countries.
EEA and Swiss nationals may work freely in Ireland
Flexible and well established processes for transfer of non-EU
employees to Irish operations
Business-friendly legal regime without works councils and minimal
obligations to consult employees
No obligation on employers to make pension contributions
Ireland is ranked first in the world for the flexibility and adaptability
of its workforce and availability of senior management talent6
TRANSFER OF EMPLOYEES TO IRELAND
EEA and Swiss nationals may work and reside freely in Ireland provided they first
obtain an Irish public insurance number.
Most non-EEA nationals require employment permits to work in Ireland. Various
types of employment permit are available and, in most cases, a fee of EUR1,100
is payable for an application for a two year permit. Applications can take several
months to process and applications should be prepared well in advance of an
anticipated start date. Employees who work under an employment permit in
Ireland are covered by Irish employment law.
Subject to certain qualifying criteria, companies may avail of intra company
transfer permits to transfer existing employees to their Irish operations. Employers
may also wish to develop a secondment policy to facilitate the temporary transfer
of employees to their Irish operations.
Immigration rules are subject to change, often at short notice and so it is always
advisable to obtain specific immigration advice at an early stage.
6
IMD World Competitiveness Yearbook 2014
15. 14
MANDATORY EMPLOYEE PROTECTIONS
In most cases, the employment relationship in Ireland is governed by an
employment contract which includes terms automatically incorporated by Irish
law such as:
• The national minimum wage;
• Certain minimum notice periods;
• A maximum working time allowance;
• A minimum annual leave entitlement of twenty days a year; and
• Unpaid maternity leave, parental leave, adoptive leave.
Employers are required to have policies and procedures in place to address issues
such as grievances and disciplinary procedures.
MINIMAL PENSIONS OBLIGATIONS
At a minimum, employers are required to provide access to a Personal Retirement
Savings Account (PRSA) but there is no requirement for the employer to contribute
to a PRSA or other pension-type scheme.
AUTOMATIC TRANSFER OF EMPLOYEES
On the purchase and transfer of a business (or part of a business) by asset transfer
and in certain other situations, the contracts of employment of the employees
working in that business transfer automatically to the buyer, as if it had been the
employer all along. All existing terms and conditions need to be honoured with
the exception of certain occupational pension obligations.
The rules relating to such automatic transfers are covered by Irish legislation
derived from EU law and so if acquiring business or assets, or outsourcing/
insourcing, in Ireland or elsewhere in the EU, local advice should first be obtained.
DATA PRIVACY CONSIDERATIONS
Any information which is collected, processed and/or retained by an employer on
its employees is protected by the Data Protection Acts and employers must ensure
that it is held in a safe and secure manner and processed in accordance with the
Data Protection Acts.
in the world
for people’s
flexibility and
adaptability of
workforce
in Europe for
completion
of third level
education
in the world for
the availability
of skilled
people
16. 15
Data Privacy
Data privacy is relevant to all businesses in Ireland that process personal data
relating to living individuals and so will be an important consideration for inward
investors.
IRELAND’S DATA PROTECTION REGIME
Data Privacy in Ireland is primarily governed by the Data Protection Acts 1988
and 2003 which implement EU laws. The regulator in Ireland generally focuses on
securing compliance, and tends to provide for improving data privacy rather than
levying large fines and issuing decisions against data controllers as a matter of
course. In this, Ireland’s approach differs from that of some other EU jurisdictions.
The transfer of data from Ireland to locations outside of the European Economic
Area is also subject to Irish and EU law.
DATA CONTROLLERS
Where personal data is processed by a data controller established in Ireland,
in most cases, Irish law will apply. A data controller is the legal entity which
controls personal information on computers or in structured manual files. All data
controllers must comply with specific obligations under Irish law about how they
collect and use personal information.
Certain types of data controllers, including financial institutions must register
annually with the Data Protection Commissioner, Ireland’s regulatory authority
responsible for data protection matters.
There are eight fundamental rules that all data controllers must comply with. In
particular data controllers are required to process personal data fairly and lawfully.
Data controllers are also responsible for ensuring their employees, contractors and
third parties that process data on their behalf comply with Irish law and honour
the rights of the persons whose data is being processed.
TRANSPARENCY
Data controllers must ensure that, when processing personal data, whether
related to their employees, customers or other parties that they comply with the
transparency requirements under Irish Law. Each data controller should ensure
that transparent and easily accessible data privacy policies are in place.
Employees must be informed of the existence of any monitoring of their activities
and of the purposes for which they are monitored. Individuals must be informed
of their entitlement to obtain a copy of personal information data controller’s hold
about them. This right of access is subject to a number of exceptions under Irish
data protection laws.
17. 16
Real Estate
An inward investor’s property requirement is often its most significant overhead.
Ireland offers inward investors well-established and straightforward processes for
the rental or acquisition of real estate.
Plentiful supply of high quality commercial
real estate available to lease
IDA Ireland can assist inward
investors in finding real estate
Well established process for the
acquisition of real estate
Transparent regimes for the planning and
development of real estate
LEASING A PROPERTY
Most inward investors will decide not to tie up capital and will look to occupy
premises on a leasehold basis (especially when initially setting up in Ireland). For
inward investors, the form of lease and their covenant strength as a tenant will
largely determine the commercial terms of the lease.
TERM OF LEASE
Inward investors should consider how long a term of lease they are prepared to
take. Commercial leases in Ireland are normally for terms between five and twenty
years. There is no automatic right to “break” the lease and rent reviews normally
take place once every five years. The break date could be one or more fixed dates,
or a rolling break exercisable at any point after a date specified in the lease.
PRINCIPAL RENT
Inward investors in the retail sector may also benefit from “turnover rent”. It may
also be possible to negotiate a rent which includes a service charge and insurance
rent so as to have certainty on the exact amounts payable each year.
RENT REVIEW
The frequency of rent reviews for commercial leases in Ireland is typically every
five years. Rent in Ireland may be revised upwards or downwards in accordance
with the open market.
INCENTIVES
Landlords may incentivise inward investors to take a lease, for example by offering
a rent-free period or a contribution towards fitting out a leased property.
18. 17
SERVICE CHARGE
If an inward investor takes a lease of a premises which forms part of a
larger building, it is likely that service charges will be payable to cover
items such as maintenance and repair of the building or the provision
of facilities. Such charges can be costly and it is important to get an idea
from the landlord at an early stage on the likely level of such costs and to
agree a cap.
FULL REPAIRING LEASE
Most Irish leases require the tenant to put (and keep) the leased premises
in a full state of repair and good condition. Whilst these obligations
may vary in strength, they can result in material liabilities which could
include costs for removing any improvements the tenant makes to the
premises.
TAX ON LEASED REAL ESTATE
Stamp duty (at a rate of 1% of the annual rent) is payable by a tenant
upon the granting of the lease. There may be VAT payable on rent (at a
rate of 23%) on commercial leases. VAT registered entities can reclaim
VAT paid.
PURCHASING A PROPERTY
In certain circumstances, inward investors may wish to acquire a property
for their Irish business operations. It is standard that a 10% deposit is
paid by the buyer on execution of a contract for sale. The transfer of title
usually occurs within six weeks of the execution of the contract for sale.
When buying property, buyers will be liable for stamp duty of between
1% and 2% depending on the type and value of the property. In certain
circumstances VAT (at a rate of 13.5%) is payable by the buyer of a
property.
REAL ESTATE DEVELOPMENT
Planning permission is required before an owner can develop buildings
or land, or change their existing use. Applications are made to the local
planning authority through a public process. Certain local planning
authorities have formulated Strategic Development Zones (SDZ) which
fast track the planning process if an applicant complies with the
requirements of the SDZ. Planning permission generally expires if it is
not implemented within five years.
19. 18
Further Information
For further information on doing business in Ireland,
please contact:
Emmet Scully
Partner and Head of Corporate and Commercial
D: +353 1 637 1538 E: escully@lkshields.ie
If you would like advice on any of the specialist areas featured in this guide or
which are relevant to your business operations in Ireland, please contact:
TECHNOLOGY, IP AND DATA PRIVACY
Deirdre Kilroy
Partner and Head of Intellectual Property and Technology
D: +353 1 638 5866 E: dkilroy@lkshields.ie
REGULATORY
Marco Hickey
Partner and Head of EU, Competition and Regulated Markets
D: +353 1 637 1522 E: mhickey@lkshields.ie
FINANCIAL SERVICES AND INVESTMENT FUNDS
David Williams
Partner and Head of Financial Services
D: +353 1 637 1542 E: dwilliams@lkshields.ie
EMPLOYMENT
Aoife Bradley
Partner, Employment Pensions and Employee Benefits
D: +353 1 637 1583 E: abradley@lkshields.ie
REAL ESTATE
Clair Cassidy
Partner and Head of Commercial Property
D: +353 1 637 1543 E: ccassidy@lkshields.ie
20. 19
LK Shields Solicitors is a leading Irish corporate and
commercial law firm.
LEGAL SERVICES
Banking
Capital Markets
Commercial Property
Company Secretarial and Compliance
Corporate and Commercial
Corporate Restructuring
Employment, Pensions and Employee Benefits
Energy and Natural Resources
EU, Competition and Regulated Markets
Family Law
Financial Services
Gaming and Gambling
Healthcare and Life Sciences
Insolvency
Intellectual Property
Litigation and Dispute Resolution
Media and Telecommunications
Mergers and Acquisitions
Private Equity and Venture Capital
Projects
Technology, Data Privacy and Outsourcing
For more information please visit:
www.lkshields.ie
40 Upper Mount Street T: + 353 1 661 0866 DX Box 123
Dublin 2 F: + 353 1 661 0883 www.lkshields.ie
Ireland E: email@lkshields.ie