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  • Briefing Note:Key Tax Measures from Budget 2027 | Publications | Insights & Events

    Briefing Note:Key Tax Measures from Budget 2027 | Publications | Insights & Events

    Main Takeaway

    Budget 2027 maintains a fiscally prudent stance with no
    broad personal income tax rate cuts, while enhancing
    targeted supports for households, business investment
    incentives, housing supply and climate action.

    The below provides a brief overview of the more relevant
    changes that may be of interest to corporate entities followed
    by a table providing a general overview of the more significant
    tax changes brought in by Budget 2027, across all taxes.

    Corporate Tax, Research and Development
    (R&D) and Capital Markets

    Measures aimed at the corporate sector strategically
    reinforce Ireland’s reputation as an innovative base, providing
    enhanced incentives for research and supporting capital
    market participation for indigenous enterprises.

    Impact on Corporate Taxpayers

    A central component of the budget’s innovation strategy is
    the substantial enhancement of the R&D tax credit. The rate
    is being increased from 30% to 35%. This enhancement
    provides significant encouragement for both multinational
    corporations (MNCs) and indigenous companies to base their
    high-value innovation activities in Ireland.

    Furthermore, the measure includes vital liquidity and
    compliance improvements for smaller claimants.The first-year
    payment minimum threshold is being raised from €75,000
    to €87,500. This adjustment directly enhances cash flow for
    Small and Medium Enterprises (SMEs) engaged in R&D,
    accelerating their access to state funding.

    Implications for Investors and Investment
    Funds

    In the financial services sector, stability and technical clarity
    are prioritised. The exit tax rate applied to payments made
    from Irish funds and equivalent offshore funds to Irish
    individual investors has been reduced from 41% to 38%. This
    adjustment aims to improve retail participation in investment
    funds, as it enhances net returns for non-resident and
    domestic investors.

    Combined with the unchanged 9% value-added tax (VAT) on
    property-related services, Ireland’s fund ecosystem retains
    competitive cost structures.

    In support of capital markets, a new market cap exemption
    threshold of €1 billion is introduced for Irish SMEs and startups
    trading on regulated markets. For companies falling below
    this threshold, the standard 1% stamp duty charge paid on
    share transactions will no longer apply. The SME marketcap
    threshold stamp duty exemption is aimed at attracting
    increased equity financing for growth companies listed on
    regulated markets, bolstering liquidity and investor appetite.

    Entrepreneurial Incentives and Capital
    Gains

    To stimulate entrepreneurial activity and reward risk-takers,
    the Capital Gains Tax (CGT) Revised Entrepreneur Relief has
    been significantly strengthened. The overall lifetime limit on
    gains eligible for the reduced 10% CGT rate is increased
    from €1 million to €1.5 million. This 50% increase applies to
    qualifying disposals made on or after 1 January 2026. This
    policy signals a strong commitment to supporting successful
    founders and incentivises them to reinvest their capital within
    the Irish economy, thereby promoting further start-up creation
    and economic dynamism.

    In support of capital markets, a new market cap exemption
    threshold of €1 billion is introduced for Irish SMEs and startups
    trading on regulated markets. For companies falling below
    this threshold, the standard 1% stamp duty charge paid on
    share transactions will no longer apply.

    This measure is positioned as essential for enhancing the
    growth prospects of homegrown businesses, particularly
    those seeking to secure funding or scale internationally. The
    Key Employee Engagement Programme (KEEP) has also been
    extended until the end of 2028.

    Conclusion

    Although from a personal income tax perspective Budget
    2027 has a much more targeted and measured approach
    to what we’ve seen in previous years, the enhancements
    to R&D incentives, fund taxation and SME reliefs should
    hopefully lower effective tax burdens for corporates and
    investors, foster greater deal activity in growth sectors
    and prop up Ireland’s positioning as a tax-efficient hub for
    innovation finance.

    The below table provides a brief summary of the pertinent
    tax changes brought in by Budget 2027. We now wait for
    the publication of Finance Bill 2026, to see exactly how
    these measures will be implemented.

    Tax Area Measure Key Change/Rate Effective Date (or Period) Potential Impact / Client Action
    Corporate & SME Tax Directly or indirectly, individually or in aggregate Treated as if itself on the Entity List Same restrictions as parent entity apply Same restrictions as parent entity apply
    Unlisted foreign entity owned ≥ 50% by MEU List party Directly or indirectly, individually or in aggregate
    Treated as if itself is an MEU Same restrictions as parent
    MEU entity apply
    Unlisted foreign entity owned ≥ 50% by an SDN* Directly or indirectly, individually or in aggregate
    Treated as if itself an SDN* Same restrictions as the SDN owner
    Financial Services Exit Tax (Investment Funds) Reduced rate on fund payments to individuals 41% to 38% Aims to encourage greater retail participation by Irish individuals in
    domestic investment funds.
    SME/Start-up Stamp Duty Exemption New Market Cap Threshold in respect of shares traded on regulated markets. Up to €1 billion (Exemption applies) Supports capital market liquidity and growth for indigenous SMEs and start-ups.
    Indirect Taxes (VAT & Excise) VAT on Hospitality/Hairdressing Reduced rate introduced 13.5% to 9% (from 1 July 2026) Significant support for the services sector, aiding more than 150,000 jobs facing cost pressures.
    VAT on Gas and Electricity Reduced rate extension 9% extended until 31 Dec 2030 Provides long-term certainty and relief on essential energy costs for households and businesses.
    Carbon Tax (Auto-Fuels) Increased rate per tonne of CO2 €63.50 to €71.00 (from 8 Oct 2025) Immediate increase in the cost of petrol and diesel; future cost increases for home heating fuels (May 2026).
    Tobacco Excise Duty Increase per packet of 20 cigarettes +50 cent (from 7 Oct 2025) Will push the cost of a popular packet of 20 cigarettes towards €19.
    Housing Supply & Development VAT on New Apartments Reduced sales rate 13.5% to 9% Direct reduction in construction costs, intended to lower the final price of new apartment units.
    Derelict Property Tax (DPT) New tax to replace Derelict Sites Levy Rate not < 7%=”” of=”” market=”” value=”” (implementation=”” /> Allows Revenue to enforce a minimum 7% annual charge on the market value of vacant land.
    Employment & Global Mobility SARP Minimum Income Threshold Increased threshold €125,000 (from 2026) Requires review of all current/planned expatriate assignments;
    employees below €125k will cease to qualify for the relief.
    Foreign Earnings Deduction (FED) Increased maximum relief; Scope widened €50,000 (from 2026) and now includes Philippines & Turkey Improves competitiveness for deploying employees to/from expanded market list (Philippines, Turkey).
    Company Car BIK Relief (€10k OMV reduction) Relief Tapering Schedule €10,000 (2026); €5,000 (2027); €2,500 (2028); Abolished (2029) Requires immediate review of corporate fleet policies due to rapid BIK relief withdrawal starting in 2027.
    Personal Tax (Income & USC) USC 2% Rate Band Ceiling Increased by €1,318 (to €28,700) 1 January 2026 Provides marginal tax relief for middle-income earners; protects minimum wage earners from moving into the top USC rate band.
    Rent Tax Credit Extended (Value remains €1,000 p.a.) Extended to end of 2028 Confirms continued cost-of-living support for eligible tenants for three additional years.
    Mortgage Interest Relief Extended (reduced value in final year) Extended for 2 years (2025 and 2026) Provides temporary support for homeowners but note the relief value diminishes in 2026.

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  • Meet The ‘Celebrity Traitors’ Selected To Sabotage BBC One Game

    Meet The ‘Celebrity Traitors’ Selected To Sabotage BBC One Game

    BBC One premiered the long-awaited The Celebrity Traitors, and the game didn’t wait too long to start.

    Claudia Winkleman greeted the celebrity players at a graveyard where each grave had the name of a contestant.

    “We’re starting as we mean…

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  • India’s record-setting fundraising spree is raising thorny questions

    India’s record-setting fundraising spree is raising thorny questions

    Nikhil InamdarBBC News, Mumbai

    Getty Images Indian women walk past the bronze bull outside the Bombay Stock Exchange, wearing traditional salwar-kurtas. Getty Images

    India’s IPO bull run is being driven partly by mom-and-pop investors

    India’s ravenous appetite for stock market investing has sparked a fundraising gold rush in Asia’s third largest economy, with its booming initial public offerings (IPO) market undeterred by trade tariffs or global uncertainties.

    Major companies – from global co-working firm WeWork India and South Korean conglomerate LG Electronics’ India arm to financial services giant Tata Capital – have raised record-setting amounts of money just this week, offering their shares to investors through IPOs.

    Unlike the secondary markets, where investors buy and sell existing stocks of companies, IPOs are used by privately held firms to sell their shares to investors for the first time, and debut on the public markets.

    Some 79 companies raked in $11.5bn (£8.58bn) in the first nine months of 2025, while a string of other issues in the final three months of the year is expected to bring in another $10-11bn, pushing India’s IPO market to more than $20bn this year, according to investment bank Kotak Mahindra Capital Company. And this is not counting the fundraising done by India’s small and medium-sized enterprises.

    Companies operating in a wide range of sectors including new-age tech firms, e-commerce majors, retail, infrastructure and healthcare players are tapping the IPO market.

    “This has given Indian investors the breadth [of investment opportunities] that’s not seen in other countries,” V Jayasankar, managing director at Kotak Mahindra Capital Company, told the BBC.

    “Apart from institutional money, systematic investment plans [or fixed monthly contributions] by mom-and-pop investors in mutual funds has kept flows into IPOs robust,” Mr Jayasankar said.

    Getty Images The board of LG Electronics India Limited with a man in the front is seen during a press conference announcing the company's Initial Public Offering (IPO) in Mumbai city on 1 October, 2025. Getty Images

    Major companies such as LG Electronics India raised money through IPOs this week

    Besides high demand for new investment opportunities, the market is on fire also because India’s growth over the past decade has birthed a strong pipeline of companies across diverse industries that have reached a certain scale and maturity, according to Abhinav Bharti, head of India equity capital markets at US investment banking giant JP Morgan.

    “This is just the start of the trend, and we should see India to be a regular $20bn IPO market on an ongoing basis, if not higher,” Mr Bharti said on the company’s YouTube channel.

    But while this wave of new share offerings signals a maturing of India’s investing landscape, the euphoria also demands caution, experts say.

    “There’s a lot of exuberance. Investors need to be selective and study the financials of the companies they choose. They must not invest blindly,” says Kranthi Bathini of WealthMills Securities.

    The IPO frenzy has hit a fever pitch even as Indian stock markets overall have delivered lacklustre returns to investors.

    India’s benchmark Nifty-50 index of its largest and most liquid companies has clocked barely 6% this year, while returns from indices tracking small and mid-sized firms are negative.

    Besides concerns about worsening global geopolitics and US President Donald Trump’s 50% tariffs on India, expensive share valuations have worried analysts.

    But ironically, this could be contributing to the high interest in debuting companies.

    “Investors currently see IPOs as a better place to make returns because of the chance of a 15-20% pop in the stock price on listing,” said Mr Jayasankar.

    However estimates suggest that half of the IPOs that have debuted this year are trading below their listing price. Kotak’s own analysis shows that only 43 of the 79 companies that listed this year have given positive returns.

    Mr Jayasankar says this could partly be because they were mis-priced (sold expensive) or because the overall market sentiment is low.

    Also, the majority of the companies hitting the markets in the first nine months were smaller firms, which tend to be more volatile.

    “The last quarter of the year tends to be skewed towards larger or better-quality companies hitting the market,” Mr Jayasankar said.

    Getty Images A man (not pictured) browses a stock market app showing technical charts. Getty Images

    Millions of young Indians are putting money into the markets using online apps

    While Indians have been lapping up new issues, there has been a distinct lack of interest in these IPOs from foreign investors, who’ve sold over $20bn in Indian equities this year.

    “Global investors are in wait-and-watch mode,” said Mr Bathini. “India has gone from being the most favoured nation to the least favoured nation for them in a matter of months, because of tariffs and other uncertainties.”

    Their lack of participation in the IPO market reflects an overall reduction in portfolio funds to India, he said.

    This, if anything, is an obvious signal that domestic mom-and-pop investors are getting swayed by euphoria rather than fundamentals.

    “There is an entire industry working to first build and then maintain this mood,” writes economics commentator Vivek Kaul in a piece for Mumbai Mirror newspaper. This includes investment bankers, analysts at stock brokerages and fund managers, he says.

    The frenzy is fun, says Mr Kaul, and a game of perceptions and hype, but “not for turning a modest investment into lasting financial security”.

    But Indian investors do not appear to be in a mood to listen.

    With companies such as Walmart-backed PhonePe, India’s largest mobile telecoms giant Jio and unicorns [tech start-ups valued at over $1bn] such as Groww and Meesho hitting the markets in the coming months, India’s IPO party is likely to continue, at least for some more time.

    Follow BBC News India on Instagram, YouTube, X and Facebook.


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  • Musk settles former Twitter executives’ suit over severance

    Musk settles former Twitter executives’ suit over severance

    Elon Musk has agreed to settle a $128m (£100m) lawsuit brought by four former top executives at Twitter, now X, over unpaid severance when he took over the company.

    The executives, who include former chief Parag Agrawal, argued that Mr Musk fired them “without reason” after he bought Twitter in 2022 and denied them severance payments.

    “The parties have reached a settlement and the settlement requires certain conditions to be met in the near term,” attorneys for the plaintiffs wrote in a court filing last week. They did not disclose the terms of the settlement.

    The suit, filed last year, is one of several legal challenges over unpaid severance for workers who were laid off after Musk took over.

    Lawyers for the former Twitter executives, and for Mr Musk and X, did not immediately respond to requests for comment on the settlement.

    The former top brass – Mr Agrawal, former chief financial officer Ned Segal, former chief legal officer Vijaya Gadde and former general counsel Sean Edgett – contended in their lawsuit that they are owed one year’s salary and stock awards, under a years-old severance plan.

    They also said Musk’s move was part of a pattern of refusing to pay former staff what they were due.

    In August, Mr Musk and X agreed to settle a separate lawsuit filed by roughly 6,000 former rank-and-file Twitter employees who argued they were owed $500m in severance pay.

    Mr Musk purchased Twitter in 2022 for $44bn, after initially trying to back out of his offer. After the acquisition closed, he immediately moved to fire top leaders at the company, including the four executives. Mr Musk slashed Twitter’s workforce by more than half.

    In their lawsuit, the former top officials contend that Mr Musk was frustrated about being forced to complete the purchase and that the billionaire falsely accused them of misconduct to push them out.

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  • King Charles hopes Amazon Prime nature documentary will ‘inspire’ viewers

    King Charles hopes Amazon Prime nature documentary will ‘inspire’ viewers

    Sean CoughlanRoyal correspondent

    Millie Pilkington/ King's Foundation King Charles head and shoulders in photo taken at Highgrove in July 2025Millie Pilkington/ King’s Foundation

    King Charles held a “harmony summit” at Highgrove in the summer, where this photograph was taken

    King Charles says he wants to inspire a “sense of determination” to protect the…

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  • Published, pending, and on hold: Inland Revenue’s public guidance work programme | Tax Alert – October 2025

    Published, pending, and on hold: Inland Revenue’s public guidance work programme | Tax Alert – October 2025

    By Joe Sothcott & Robyn Walker

     

    The Public Guidance Work Programme is a frequently overlooked yet invaluable publication produced by the Inland Revenue’s Tax Counsel Office. The Tax Counsel Office (TCO) is responsible for determining the Commissioner of Inland Revenue’s view on the tax laws and provides advice on tax technical matters, as well has having some oversight as to how tax laws are implemented within in the Inland Revenue.

    The Work Programme tracks the status of priority interpretation items under development. With the latest update published on 1 October 2025 we take a look at what’s currently included, what’s missing, how it’s compiled, and what new items have been added.

    What Is the Public Guidance Work Programme?

    The Work Programme currently includes only items issued by the TCO, specifically:

    • Interpretation statements – These set out the Commissioner’s view on how tax law applies to broader areas of tax.  (Items finalised in year to September 2025: 22)
    • Questions we’ve been asked (QWBAs) – Short-form guidance responding to specific, practical questions raised by taxpayers or advisors. (Items finalised in year to September 2025: 20)

    While both are non-binding, they are considered authoritative and are widely relied upon by taxpayers and advisors.

    The Work Programme does not include items produced by the Technical Standards team, such as:

    • Standard practice statements (Items finalised in year to September 2025: 0)
    • Operational statements (Items finalised in year to September 2025: 5)
    • Commissioner’s statements (Items finalised in year to September 2025: 0)
    • Kilometre rates for motor vehicle expenses (annually published)
    • Determinations (Items finalised in year to September 2025: 17)

    For example, the Draft Standard Practice Statement on Mutual Transactions of Associations (ED0265) is not listed in the Work Programme. Deloitte understands that, after public consultation over the draft guidance, the item is now on hold pending referral to Inland Revenue’s Policy team for a potential policy change.

    Deloitte’s view is that all public guidance items, whether from the TCO Office or the Technical Standards team, should be published in a single consolidated work programme. This would improve transparency and make it easier to identify when items are on hold pending policy consideration.

    How Is the Work Programme compiled?

    The Work Programme includes:

    • Consultation items—including those scheduled to begin consultation, currently under consultation, or where consultation has recently closed.
    • Pre-consultation items in development or not yet started
    • Items currently on hold

    Transparency is the underlying principle of the Public Guidance Work Programme. TCO refreshes the Work Programme annually, and prior to each refresh, it invites public submissions on technical issues, gaps in existing guidance, and emerging areas of uncertainty. Submissions generally can be made via email or via an Inland Revenue form. Keep an eye out around mid-2026 for the next opportunity to contribute submissions for the Work Programme.

    Once submissions are received, the TCO evaluates them based on:

    • Importance of the issue
    • Level of uncertainty or ambiguity
    • Number of taxpayers affected
    • Need to resolve existing issues
    • Potential revenue implications

    A draft Work Programme is then prepared and circulated to key stakeholders for feedback (including on relative priority) before the final version is published.

    What’s new in the 2025–26 Work Programme?

    The refreshed Work Programme includes a long list of new items:

    1. PUB00523: Income tax and GST – associated persons
    2. PUB00524: GST – B2B loyalty schemes
    3. PUB00525: GST – Compulsory zero-rating of land – update of IS 17/08
    4. PUB00526: GST – Concurrent land use
    5. PUB00527: GST – Financial services – custodian, supervisor and trustee fees
    6. PUB00528: GST – Financial services – planning fees – refresh of IS0052
    7. PUB00529: GST – Goods and services acquired for $10,000 or less
    8. PUB00530: GST – Types of unincorporated bodies
    9. PUB00531: Income tax – B2B loyalty schemes
    10. PUB00532: Income tax – deductions – financial planning fees – refresh of IS0044
    11. PUB00533: Income tax – Depreciation – low value assets
    12. PUB00534: Income tax – Intra-group dividends – s CD 27
    13. PUB00535: Income tax – Losses – business continuity and part year losses
    14. PUB00536: Income tax – NZ custodians’ ‘top-up’ amount of RWT
    15. PUB00537: Income tax – Retention money and performance bonds under construction contracts – update of QB 13/04
    16. PUB00538: Income tax – Schedular payments – withholding obligations under Sch 4, Part F
    17. PUB00539: Income tax – Share lending issues
    18. PUB00540: Income tax – Transferable development rights
    19. PUB00541: Income tax – Trusts – interest deductibility
    20. PUB00543: Income Ttax – FIFs – whether cost and CV methods can be used concurrently
    21. PUB00544: Income tax – When is a trustee a bare trustee
    22. PUB00545: GST – Fees of board members appointed by the Governor-General or Governor-General in Council

    Some taxpayers may understandably have trepidations about a few of the items and whether they may open a pandora’s box where interpretation doesn’t match reality, in light of the open-loop gift cards debate that arose from the publication of QB 25/07: What is the income tax treatment of gift cards and products provided as trade rebates or promotions? Other items, such as guidance on often misunderstood areas, like how taxpayers can apply the 100% depreciation rate for low value assets under section EE 38, will be more welcome.

    Want to suggest an Item?

    We understand that raising issues for inclusion in the Work Programme can feel daunting—especially if there’s concern it might attract unwanted scrutiny. For those may feel uneasy about contact the TCO direct, Deloitte is always happy to raise issues on behalf of clients. If you have questions or would like to discuss a potential submission, please reach out to your usual Deloitte advisor.

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  • Millions left behind: The push to simplify unclaimed money claims | Tax Alert – October 2025

    Millions left behind: The push to simplify unclaimed money claims | Tax Alert – October 2025

    By Amy Sexton & Robyn Walker

     

    The prospect of a significant sum of money lying dormant and unclaimed will motivate many to search the Inland Revenue’s unclaimed money database, especially when media coverage draws attention to its existence. The recent Taxation (Annual Rates for 2025–26, Compliance Simplification, and Remedial Measures) Bill (the Bill) proposes changes aimed at simplifying the management of unclaimed money by Inland Revenue, with the intention of making it easier for rightful owners to make claims.

    What is ‘unclaimed money’

    Unclaimed money are funds held by an individual or organisation (such as bank, solicitor, utility company, life insurer, employer, other business) where the rightful owner cannot be located. After a specified period of time passes without contact, these funds are classified as “unclaimed” and transferred to an administrator. The required time period varies depending on the type of funds involved.

    While Inland Revenue is widely recognised for administering unclaimed money, not all categories of unclaimed funds fall under its responsibility, a raft of options are outlined on The Treasury website.

    What are the proposed changes?

    Additional information

    Currently the Unclaimed Money Act 1971 puts the following obligations on holders of unclaimed money:

    1. A holder must make reasonable efforts to locate the owner of money that is, or will soon become, unclaimed money and to communicate with the owner concerning the money.
    2. A holder of money that pays the money to the Commissioner as unclaimed money must provide to the Commissioner, with or before the payment and in a form acceptable to the Commissioner, the information relating to the owner and the money that is in the possession or control of the holder and is readily available to the holder, including—

    a. the source, and history of the accrual, of the amount

    b. the identity and whereabouts of the owner

    c. the source of the owner’s entitlement to payment of the money.

    Under the Bill. when transferring unclaimed money, holders will be required to provide Inland Revenue with more detailed information to assist in identifying the rightful owner. The new legislation will read as follows:

    1. A holder must make reasonable efforts to locate the owner of money that is, or will soon become, unclaimed money and to communicate with the owner concerning the money.
    2. A holder of money that pays the money to the Commissioner as unclaimed money must provide to the Commissioner, with or before the payment and in a form acceptable to the Commissioner, the information relating to the owner and the money that is in the possession or control of the holder and is readily available to the holder, including—

    a. the source, and history of the accrual, of the amount

    i. the full name, date of birth, and tax file number of the owner

    ii. the address and contact details of the owner

    b. the whereabouts of the owner

    c. the source of the owner’s entitlement to payment of the money

    d. where applicable, the number of the account where the money is held, the date the account was opened, and the date of the owner’s last interaction with the account.

    It is important to note that under both the current and proposed legislation, the information needs to be in the “possession or control” and “readily available” to the holder. With more data points being required upfront there will be a need for businesses dealing with unclaimed money to give thought to whether new systems and processes are required to efficiently extract information, particularly if it is spread across different information sources.

    20 year time bar

    In 2021 a 25 year time bar was introduced for unclaimed money administered  by Inland Revenue. The proposal is to reduce this time bar to 20 years (which is still a very long time!). If money remains unclaimed after the time bar, it will be removed from the unclaimed money list and transferred to the Crown. 

    Why make changes?

    Currently, claimants often face challenges in proving ownership of unclaimed money, leading to considerable correspondence with Inland Revenue. These proposed changes are intended to streamline the process for all parties involved. For context, in the 2023/24 year Inland Revenue received 23,000 claims for unclaimed money but approved only 4,300 claims, amounting to $36.5m, with over $0.5b remaining unclaimed.

    These proposed changes are scheduled to take effect from 1 April 2026.

    If you believe you may have a claim to unclaimed money and are unsure how to establish ownership, please contact your usual Deloitte advisor for assistance.

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  • Red Light, green light – Transfer pricing issues for intercompany loans | Tax Alert – October 2025

    Red Light, green light – Transfer pricing issues for intercompany loans | Tax Alert – October 2025

    By Young Jin Kim & Bart de Gouw

     

    It is widely accepted that cross-border related-party debt can be used by multinational enterprises (MNEs) to shift profits out of a country. In the New Zealand context this led to the introduction of the Restricted Transfer Pricing (RTP) rules and the requirement to disclose inbound cross-border intercompany loans with a value of more than NZD10M to Inland Revenue in the BEPS Disclosure Form (this disclosure requirement has since been amended effective from the 2025 income year with taxpayers just required to hold a copy of the necessary information).

    In recent years, the International Revenue Strategy (IRS) team at Inland Revenue has observed considerable behavioural change by foreign-owned MNEs with the introduction of additional equity and/or reducing related-party debt financing. This behavioural change has been attributed to the introduction of the RTP rules and a greater focus on financing by the Inland Revenue (via targeted campaigns, risk reviews and audits).

    The past five years has seen a highly volatile interest rate environment, with historic lows in the Official Cash Rate in the 2020 and 2021 years, a rapid increase in 2022 and 2023, and a declining rate since the middle of 2024.  This level of volatility has meant that taxpayers should have been regularly reviewing intercompany financing arrangements to ensure that the behaviour of the parties to the loans, the terms and conditions of loans, and the interest rate have all remained arm’s length.  With the increases in the interest rates applying to the most recently filed 2023 and 2024 tax returns coupled with the Inland Revenue stepping up its audit activity more generally, we are expecting intercompany loans and financing to become a key area of focus for Inland Revenue.  This is starting to come to fruition with the number of risk reviews and audits focusing on intercompany financing increasing.

    Risk assessment – Are you a green light or red light?

    Now is an opportune time for taxpayers to reflect on their intercompany loans and key risk areas that could be challenged by Inland Revenue. To help with this, we have summarised 9 risk factors when it comes to intercompany loans.

    1. The loan is over NZD10m at any time during the income year. RTP rules will apply to the loan and an analysis of the rules will be necessary, which can lead to material denial of interest deductibility as the borrowers’ credit rating may be adjusted and certain loan terms and conditions disregarded.
    2. No documented loan terms. Loan agreements are important – this will be the starting point for any Inland Revenue review. In the absence of a valid agreement, Inland Revenue may seek to imply (unfavourable) terms and any pricing analysis conducted to support the interest rate will not have strong basis.
    3. Loan agreements that do not clearly state what the arrangement is and what the key purpose of the funds advanced is.
    4. The arrangement is non-commercial or contains ‘exotic’ features such as subordination, interest deferral of more than 12 months, or has a term of more than five years. Under the RTP rules, certain exotic terms cannot be priced into the interest rate.
    5. Using a fixed interest rate for a revolving credit facility loan (that can be drawn down and repaid by the borrower) or a floating interest rate for a fixed term loan (the reset of an interest rate on a fixed term loan is likely a trigger point requiring a retesting the application of the RTP rules).
    6. The loan has been extended, renegotiated, or renewed in the past year. This could make a big difference to the deductible level of interest as the interest rate environments change very quickly and these events also require retesting of the application of the RTP rules.
    7. Has the loan been reset at a higher interest rate?  Is this what a third-party borrower would do, i.e. is the behaviour of the parties demonstrably arm’s length?
    8. Does the borrower have a high debt percentage?  Greater than 40% is considered high risk for borrowers with a cross border related party borrowing of more than NZD10m.  Similarly, borrowing from related parties in low tax jurisdictions (<15% tax rate) is also a risk factor as set out in the RTP rules.
    9. Be mindful of interest gross up clauses – any additional interest paid under a gross-up clause also needs to be arm’s length.
    Update to Inland Revenue’s administrative guidance on small value loans

    Inland Revenue annually publishes an administrative guidance for small value loans (i.e., for cross-border associated party loans for up to NZD10M principal). This administrative guidance may be applied to cross-border associated party loans.

    Inland Revenue has historically provided an interest rate margin (over a relevant base indicator) that it considers to be broadly indicative of an arm’s length rate, in the absence of a readily available market rate for a debt instrument with similar terms and risk characteristics.  The most recent change to the interest margin has also introduced (without explanation or consultation) a change in approach to make the interest rate margin backward looking only and in our view, reduces the practical application of this otherwise widely used administrative guidance.  The current interest rate margin in the guidance is 250 basis points over the relevant base rate and applies for the period 1 July 2024 to 30 June 2025. There is now no equivalent guidance for interest rates for the year to 30 June 2026.  We will continue to provide updates on any developments on the administrative guidance.

    Next steps

    If any of the above risk factors concern you please contact your usual Deloitte advisor or one of our award winning transfer pricing team to help navigate the issues.

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  • William Kentridge opera to have its New York premiere at Powerhouse Arts in Brooklyn – The Art Newspaper

    William Kentridge opera to have its New York premiere at Powerhouse Arts in Brooklyn – The Art Newspaper

    William Kentridge’s award-winning chamber opera Waiting for the Sibyl (2019) makes its New York premiere this week in Brooklyn (until 11 October). The debut comes as part of the inaugural Powerhouse: International arts festival at Powerhouse…

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