Accountancy Plus The Official Journal of CPA Ireland - An Economic Strategy for Ireland
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June Issue 2021 Accountancy Plus The Official Journal of CPA Ireland Re co ry g E Dig Su stain a bility mo in no ve itisation te Work mic Reco An Economic Strategy for Ireland
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1 Editorial President’s Message PRESIDENT’S MESSAGE Accountancy Plus Welcome to the June 2021 edition June 2021 of Accountancy Plus. It gives me great pleasure to be writing my Technology and sustainability often go hand first President’s Message for the June edition in hand as advances in technology can CPA Ireland of Accountancy Plus. It is a privilege to serve remove processes and minimise the impact the Institute at this level and to give something on the environment. For example, just over 17 Harcourt Street, back to CPA Ireland as my CPA qualification has 12 months ago, CPA Ireland was deferring its served me so well. I look forward to meeting April examinations due to the impact of the Dublin 2, D02 W963 with you, hopefully in person, and working with pandemic. Fast forward to now, and we have many of you over the coming months. I’d like pivoted to online examinations which are T: 01 425 1000 to thank John Devaney for leading CPA Ireland invigilated through artificial intelligence. F: 01 425 1001 through such a turbulent time and I want to No travel requirements for students, no couriers, continue building on the excellent work that no paper, and a much leaner process map Unit 3, John and the many Presidents before him have which can see examiners marking scripts within done. hours of exam completion. The Old Gasworks, Kilmorey Street, I am conscious of the unique contribution The benefits of this change in process are Newry, BT34 2DH made by each and every Past President of measurable, are customer centric and are CPA Ireland and I was sad to hear that Norman sustainable in terms of the positive impact Adams (Malahide) passed away last month. on the environment. When we speak about T: +44 (0) 28 3025 2771 May Norman rest in peace. agility and adaptability, we do not have to look W: www.cpaireland.ie further than CPA Ireland for some excellent There are a number of core issues that E: cpa@cpaireland.ie examples! I would like to highlight during my term of office as President of CPA Ireland. Technology, Turning to the world of work and taking Editor sustainability, the world of work and recovery account of the acceleration in remote working Patricia O’Neill readiness are all the major themes which the due to the pandemic, we now appreciate that Council and executive team are taking account remote working is here to stay. CPA Ireland of in terms of service delivery and providing will provide, and is already providing in many Chief Executive value for members in 2021 and beyond. respects, the supports for members and Eamonn Siggins students to thrive in the new world of work. The accountancy profession is, in every respect, We look forward to a greater emphasis on not going to do things differently but will do Editorial Adviser support for CPAs as individuals who are facing entirely different things. Already, technology Róisín McEntee the challenge of separating work from life in is augmenting the role of the accountancy this new world of work. Social isolation, profession. The enforced shift to remote motivation, engagement, and the power to Technical Adviser working in 2020 has accelerated the switch off, to disengage and to be mindful Alan Bailie requirement for digital skills, and for CPAs and of self are all themes that will be supported the businesses we serve to take best advantage strongly by CPA Ireland. of technology. We are well placed in CPA Advertising Ireland, with great support from Skillnet Ireland, Recovery readiness will be informed by the Ciara Durham to offer our members a suite of services in insightful perspectives of CPAs who hold a T: 086 852 3463 2021 to facilitate digital skills enhancement unique position as advisers, to over 100,000 E: accountancyplus@gmail.com to whatever extent an individual CPA requires. businesses across Ireland. The economic forecasts, post pandemic, are positive but we Sustainability, including environmental, know from experience that economic Published by social and governance issues, has moved recovery can be an unequal experience. Nine Rivers Media Ltd. to the top of the global agenda. In April we As CPAs we will advocate for measures that saw the European Union launch a Directive T: 01 667 5900 spread that economic recovery across every on Corporate Sustainability Reporting and E: gary@ninerivers.ie sector and into every area. this will change the landscape for business reporting in Europe. The move from voluntary Like everybody, I look forward to brighter days Printed by reporting by multinationals is swiftly changing ahead when we can convene physically and Persona to global standards on sustainability reporting, interact socially. John described himself as our which will be proportionate and scalable for first virtual President and it would be nice to the SME sector. think that John will be our only virtual President! Distribution Lettershop Services Ltd. We are already seeing shifts in the marketplace For my own part, I hope to be a hybrid where lending institutions and multinationals President combining the best of what we are asking SMEs to demonstrate their have learned from operating virtually with commitment to sustainability, before the dynamic benefits of meeting, engaging, either lending or transacting business. The listening, and learning in each other’s company. developments in sustainability reporting are progressing at pace and the demands for non-financial information about business performance will, certainly, become the norm. Who better to give assurance on every aspect Áine Collins of business performance than CPAs? President CPA Ireland Accountancy Plus June Issue 2021
Contents Institute Finance & Management In Practice President’s Message 01 Finance & Management In Practice News 36 18 News Digital Transformation: Institute News 52 The Digital Operational the good, the bad and the 37 Resilience Act (DORA) regulated Publication Notices 61 - bigger, better, faster, 19 Caroline McCarthy stronger Rois Ni Thuama ISA (Ireland) 540 (Revised CPA Profile December 2018) Auditing Accounting Estimates and 40 Carla Manning 07 Resilience & Recovery: Related Disclosures Beyond Doom & Gloom 22 Colm Divilly Áine Kiely O’Donnell 08 Ronan Foley The important role CPD Personal Development accountants have to play in sustainable finance 25 News & Events 56 Gaining Respect Sarah Moran & Paddy Molony in the Workplace 43 Ben Rawal Student Student News 60 Taxation IT Tax News 30 Opinion Digitising your Practice 46 Alan FitzGerald New VAT An Economic Strategy e-Commerce Rules for Ireland – An Ansoff 31 03 Brendan Lynch and Why accounting firms Matrix Review need to use Desktop as a Michael Brennan Susan Hayes Culleton 50 Service (DaaS) Matthew Chell Non-Irish Employments Financial Reporting Exercised in the State – Payroll and Income Tax 34 Financial Reporting News 10 Implications James Bradley Law & Regulation Law & Regulation News 12 Ensuring a Safe Return to Work: Employees & 13 Covid-19 Vaccine Derek McKay Ireland – 5th Anti-Money Laundering Directive 15 Henry Duggan
03 An Economic Strategy for Ireland An Economic Strategy for Ireland by Susan Hayes Culleton OPINION An Ansoff Matrix Review by Susan Hayes Culleton, “The Positive Economist” Many of us are accustomed to strategic thinking, strategic reviews and critiquing strategy within our organisations. However, what if we were to frame the Irish economy through a strategic lens? During this article, I encourage you to come with me on a journey around the Ansoff Matrix whilst positioning yourself as the CEO of Ireland Inc. Let’s focus entirely on what might be possible with a view to dedicating resources where they could be most effectively invested for the economic betterment of all. The Ansoff Matrix is used to determine a product and market Ansoff Matrix - 2021 Strategy growth strategy. There are four quadrants: Market Diversification • market penetration (what you’re Development doing well and should keep doing) Innovation • market development (take an Rural Ireland Digital Sustainability existing product and sell it to a new market) • product development (take an existing market and develop a new Market Penetration Product product to sell to it) Agriculture Global Irish Development • diversification (build a new product Pharma Exports Small Business Ecommerce and sell it to a new market) Foreign Direct Tourism Investment Market Penetration Let’s begin by examining what Ireland is good at doing and the evidence This represents 37% of the value of average Irish salary of €40k as of same. According to the “Annual total exports”. per Jobted) and for every ten jobs Review and Outlook for Agriculture, created by FDI in Ireland, 8 more jobs Food and the Marine 2020”, the The reach of the Global Irish extends are generated in the wider economy. Agri-food sector provides between into every nook and cranny of the 10% and 14% of employment outside world. The Department of Foreign In the “Significance of the SME Sector of Dublin and the mid-east region. Affairs, Enterprise Ireland, Bord Bia, in the Irish Economy” report prepared Furthermore, the sector purchased Tourism Ireland, Irish Development by Jim Power, Small and Medium the majority or 78.6% of its materials Authority and others collectively have Enterprises across Ireland employ in Ireland in 2018 and almost an extensive geographic footprint. 1.06 million people in Ireland and 90% of the food produced in the There are many other Irish business the latest Global Entrepreneurship country is exported to international networks, international GAA teams Monitor quotes “Over 3,000 people markets. Ireland is a global hub for and Irish cultural societies dotted all started a new business every month pharma and medtech, playing host over the globe that offers a powerful, in Ireland in 2019 and the rate of to 24 of the top 25 biggest players, well-networked and welcoming early-stage entrepreneurial activity including Johnson & Johnson, springboard for cultivating observed was the highest it has ever Roche, Pfizer, Novartis and AbbVie. international relationships. Our been since we began to track rates.” According to the CSO, “Exports foreign direct investment approach of Medical and pharmaceutical is the envy of many other nations. Therefore, agriculture, export-led products increased by €1,183 million According to the latest IDA figures, industries, the Global Irish, foreign (+35%) to €4,572 million in February the average salary in new investments direct investment, and the SME sector 2021 compared with February 2020. is €59,384 (in comparison to the have all contributed to the bedrock Accountancy Plus June Issue 2021
04 of our economy since the turn of the The Google search term “shop local outpace that of in-store, we can see century and throughout the “Covid” Ireland” increased by 540% in just these trends aren’t futuristic but of year of 2020. So, where do we look one week in October, according the present. Ireland needs to develop now to build the next economic to the search engine itself. its product so that it can sell to its chapter of the Irish story? own market. The Trading Online Voucher has Product Development made a significant impact on Market Development There has been a massive shift smaller businesses right around the The Irish economy has been towards buying online and Irish country, but we need to not just characterised as open for decades online revenue followed suit. enable payment on our website and as exports have brought us a release According to Wolfgang Digital, optimise them for keywords but valve of economic woes in the past “E-commerce revenue for retailers look at the bigger trends around the and offered a platform to domestic grew by a seismic 159% in 2020. world. Voice eCommerce is now in businesses to thrive. However, the To give this context, average annual many, many homes around Ireland Covid-19 lockdown pushed Ireland growth from 2017 until 2019 had today (and how many of you can and the rest of the world into a great been 32%.” Unfortunately, Irish now say you’ve asked Google Home social experiment. Could we really, businesses haven’t had the capability or Alexa’s opinion on where to spend en masse, work from home? If so, in place to fully capitalise upon your money?). Integration is now a could we work from anywhere? This that growth and serve customers primary question for many online is rural Ireland’s opportunity. Lots in the local market. A recent study businesses – imagine a smart fridge of people can have urban jobs and from PayPal pointed out that “88% could order its own online shopping rural lifestyles. According to the Bank of Irish consumers who shopped when it recognises that you’re of Ireland 2020 first-time buyers online bought from websites outside running out of milk … and imagine survey more and more first-time of Ireland during the last year and if it’s linked to your AirBnB account buyers were considering a wider that better pricing, more choice so that when you arrive to your new range of properties and areas than and greater availability is driving this accommodation, the fridge contents ever before with the number of first- international shopping trend.” Even is a replica of that at home. If we look time buyers wanting to buy outside worse, consumers in Ireland want to China, which this year eMarketer Dublin hitting a 5-year high of 73%. to buy online from Irish retailers. predicts, will be the first country ever where eCommerce spend will It’s incumbent now on the private sector to create services, experiences and employment opportunities to support its “new” population. We’ve seen this happen before. The “Wild Atlantic Way” was a concept formed in 2014 and the most recent Failte Ireland Annual report identifies that one in five jobs in the region is dedicated to tourism before the hospitality sector was shut down in the country (… and a whole other article could be dedicated to an Ansoff Matrix review of this sector). The Rural Regeneration and Development Fund and the National Remote Work Strategy is putting public money, energy and attention into this social and economic change and it’s a unique chance that the country has to get this right. Diversification Anybody that has studied the Ansoff Matrix literature will tell you that the “diversification” quadrant is the riskiest of all. Taking a new product to a new market is the one fraught with uncertainty, but it’s also the one where a rich reservoir of untapped, or unseen by others, opportunity Accountancy Plus June Issue 2021
05 may lie. Innovation is a word that we like, but we really only want innovation that works out. As an entrepreneur An Economic Strategy for Ireland by Susan Hayes Culleton OPINION that has pursued innovative ideas in over a decade in business, I can tell you that it can be both expensive and disheartening when the market says no to your innovative idea… or else tells you to “come back when you can prove success through other clients”. There is an excellent stakeholder alignment that exists Diploma in in the entrepreneurial ecosystem called the “Innovative Partnership”. A company can apply to Enterprise Ireland Update Forensic You Accounting to supply 60 – 80% of funding for an innovative idea where the company itself provides the rest of the money. The money is given to a research centre in an Irish university to execute the idea. If a successful outcome happens (i.e. the company licenses the Intellectual Property or the tech developed), then a revenue stream is agreed between the company and the university. The beauty of this connection is the government bears the upfront cost that could be too high risk for the company and yet triggers the innovative activity needed to pipeline jobs and exports. On the part of the commercial partner, this initiative activates financial investment, commercial acumen and the company’s treasured client book. The university can offer good, interesting, and solid jobs to its own graduates and see cutting edge research turn into a product or service. Each stakeholder puts in what they’re best placed to do and gets out what they’re most interested in. If it doesn’t work out, then the financial burden is shared but jobs have been created, taxes will Learn how an have been paid and lessons have been learned along the way. investigation works from start to finish In our own business, we participated in a two-year Innovation Partnership which resulted in us licensing a proprietary algorithm for active peer learning that enables us to run highly engaging training and event facilitation online in a world of digital fatigue. Little did Update You we know it at the time, but it was the best preparation we could have imagined for what was to come. Moving from our micro example to the macro Key Details: economy, where can Ireland look for the mega trends? In very broad terms, the answers are technology and Where: Dublin & via live stream sustainability. In narrow terms, there are two roadmaps When: September 2021 - March 2022 laid out for the world. CPD: 40 hours The first is the United Nations “Secretary General’s Cost: 1550 (non-members 1750) Roadmap for Digital Co-operation”. There are nine key areas including “Supporting global cooperation on artificial intelligence that is trustworthy, human Book now at: rights based, safe and sustainable and promotes cpaireland.ie/forensic-accounting peace” and “promoting digital public goods to unlock a more equitable world—the internet’s open source, public origins should be embraced and supported”. Could Ireland be a global leader in machine learning, Natural Language Processing or the Internet of Things? Alternatively, could we turbo boost our digital literacy right across all ages, spearhead open-source development for learning or bridge inequality through scalable tech reach? Accountancy Plus June Issue 2021
The Disruptive Technologies consideration of every construction or resources they need to succeed Innovation Fund has awarded €235m project, then we will know that as measured by their own version of into a variety of sectors with the most Ireland truly is a sustainability leader. success and look with enthusiasm recently announced tranche directed If we look around us – for example to the future where Ireland can towards disruptive technologies the European Commission has illuminate and lead the way forward. in areas such as healthcare, food, proposed that at least 25% of EU We’ve done it before, and we’ll do it factory safety, construction, industrial expenditure will contribute to climate again. heating systems and maritime. action during 2021-27, the attention that Greta Thunberg’s message has The second roadmap is that of the received or the pledges of large Sustainable Development Goals. companies to reach carbon neutrality I’ve co-authored both editions of by an accountable date, it’s clear the “Positive Economics”, the market desire is tangible. Could Ireland think, leading economics textbook for act and showcase differently and truly Leaving Cert where sustainability stand up to stand out? and specifically the SDGs, are at the heart of the syllabus for our budding In summary, as the Irish public, economists. This theme is now private and third level sectors woven into all aspects of politics, together with the women, men and society and the environment today. children of the country shape a new “Ireland’s Sustainable Development way of living, working, entertaining Goals (SDGs) data hub” details an and learning, let’s apply our critical Susan Hayes Culleton array of targets, champions, outputs thinking skills to our economic and interactive tools to act as an strategy. We need to take care of our CFA, “The Positive Economist” is the interface in front of a plethora of existing productive capacity, enable managing director at Hayes Culleton data. However, when the SDGs new business models to happen, Group. Her latest book “Money Matters” is a Transition Year financial literacy are on the agenda of every board develop new products to sell, inspire partnership project with CFA Ireland and meeting, considered by every new economic activity, take care of will be gifted to every school in Ireland. event organiser and require the those who don’t have the education Follow Susan on Twitter @SusanHayes_ Accountancy Plus June Issue 2021
07 Title: Owner CPA Profile Carla Manning and Áine Kiely O’Donnell CPA PROFILE Company: CACM Accountants Carla Manning and Tax Advisors Qualifications: ADCA, CPA, CTax Why did you decide to start out it afforded me a huge opportunity to to fruition over time gives me a big in a career in accountancy? do things a little differently. By sense of achievement on a day- embracing technology, I was able to-day basis. Most recently, I was In school I always enjoyed my to grow our client base and to service appointed to the Council of CPA business and accounting classes, so clients located not only locally, but Ireland and I’m very proud to have when it came to CAO time, I decided nationally and internationally too. the opportunity to contribute to the to explore accountancy as a career. I continuing growth and development discovered there were lots of routes I always loved working in the area of the Institute. The opportunity to entry and it provided a huge of tax and in 2013, I qualified as a to keep pushing and challenging spectrum of career opportunities. Certified Tax Adviser (CTax). As I myself is a joy and I’m looking It seemed like an ideal way to turn work with a lot of FDI companies, forward to achieving a few more something I enjoyed into a career. having a tax qualification really adds milestones in the years ahead. value to the services I provide to Why did you choose CPA Ireland these clients as well as individuals. What or who inspires you most as your qualification route? I have a great team here and that in business? A CPA qualification is a widely really allows me space to grow and The resilience of business owners. recognised qualification throughout develop the business. In 2018, I There are some really tough days, the world, so it provides opportunities joined the CPA taxation committee weeks and months, but they pick to work and travel abroad. There and I also represent the CPA Institute themselves up, dust themselves were a variety of CPA study options at CCAB-I – Taxation South and the off and start again. so after finishing college, it was TALC Collections sub-committee. possible for me to start my training The learning never stops. What advice would you give and continue with my studies on What one word describes what to those recently qualified or a part time basis using a variety of your CPA qualification has given currently studying for their CPA methods that suited me best. you? qualification? Please provide a brief history A CPA qualification provides Opportunities. of your career. tremendous opportunities for your career. Stick with it as you’ll gain a After college, I took up my first What has been your biggest wide range of skillsets and expertise training role in practice and just loved career achievement? that are valuable and transferrable it. The variety, the clients and the real Career achievements for me change across many industry sectors, people behind the figures. I qualified over time. Surviving the first year opening up a wealth of opportunities as a CPA in 2000. I always wanted of business was a big achievement for you. to be my own boss and in 2009, way back when, as was when we I felt I was at a now or never stage, celebrated 10 years in business in How do you unwind? so I took the leap and set up my own 2019. Working with clients on firm, CACM Accountants and Tax My husband, 3-year-old daughter and projects and seeing them come Advisors. As a new practice, I spend a lot of time in West Cork. During the summer, we love to head out on the water and spend the day exploring the islands and beaches. I love the arts and I’ve really missed live theatre. Cork Midsummer Festival kicks off in June and has a great mix of theatre, dance and music, so I’m really looking forward to that. What traits do you admire in others? Hard work and a positive attitude. Accountancy Plus June Issue 2021
08 Title: Managing Director Company: CPA Profile Accountable Advisors Qualifications: Áine Kiely O’Donnell FCPA, MBA, MIATI, AM Currently doing a Diploma in Data Analytics and Diploma in Forensic Accounting Why did you decide to start out and financial operations. What or who inspires you most in a career in accountancy? A company so far ahead in tech in business? The simple answer is that business and management systems, it was a My entrepreneurial parents and entrepreneurship is in my DNA, it leader in innovation and standards. my kids, my forward-thinking father goes back generations. Growing Moving back closer to home after 6 and business savvy mother who up we saw first-hand national and years in Dublin, I worked with LIT in inspired my ambition and drive to international business research Thurles in Procurement Management. achieve. Business management and my parents conducted into the In 2000/2001 I worked in Ronan partnership of equality was inspiring influencers of change on how to Industries as Financial Controller and from an early age. The respect and improve and develop business. With Management Information Systems integrity of their values, their advice a flair for business and accountancy and Business Structures and Process and guidance over the years and during my formative education years Efficiency. their ability to manage life’s curve and with finance being at the heart of balls with dignity and strength. The business, it was an easy decision to I established Accountable Advisors leadership shown at home from an choose this career journey. (AAL) 2007 with a focus on the SME’s. early age of how to make decisions, I completed an MBA Corporate be it good or bad, the ability to adapt Why did you choose CPA Ireland with the University of Limerick in and learn from those decisions and as your qualification route? 2012/2013 and qualified with Friary experiences and to stand up again Law as an Approved Mediator in 2016. and move forward. Also, it helps The Accounting Technicians qualification provided a pathway to when you love what you do. What one word describes what progression in accountancy. How your CPA qualification has given How do you unwind? could I do it while working? I needed you? the right formula to achieve success. Sport and music are probably my The formula being course content, Flexibility. two passions outside of my family a two-structure approach so I was The knowledge platform for flexibility. and work. Raised in a GAA household, not limited to either industry or The options are endless. The CPA I coach club camogie underage practice focussed and recognition CPD Programme to develop and and county underage teams with of the qualification. CPA had evolve meant that the qualification success. I am currently County international recognition over all of stayed relevant and up to date. The Tipperary Camogie Board Treasurer. the courses at the time especially in knowledge platform enabled my I firmly believe based on many years industry and so I could travel with curiosity to exploit the knowledge coaching and developing players, it. The course location was the next in its development and continual that sport is an integral part in the issue and if I moved roles how was learning to broaden my approach development of our business leaders the course facilitation, and Griffith and technique. of the future, it’s that drive and College provided both urban and passion to achieve and succeed in rural locations, superb lecturers What has been your biggest their chosen environment. and course structure. career achievement? What traits do you admire in There are many but the biggest is in Please provide a brief history of others? enabling change in every role your career. The traits I most admire in others I undertook over the 30 years. I started my accountancy career The change to structure and support are respect, integrity, positivity and in the treasury department for systems for clients/employers which people who inspire and motivate Dairygold. I then spent time in Hays enabled informed decisions resulted others around them. Listening is an DX in Dublin in Finance & Logistics, in better business performance. art, and with that curiosity, the why, which ignited my interest The teaching and guiding of many what, where, and when questions. in Management and Technology. business owners to successfully steer The ability to empathise is admirable their business through the recession and goes hand in hand with the The really progressive role was with and pandemic. The achievement of emotional intelligence of people. Guinness Store House (HopStore), a teaching and developing students to This can inspire and motivate those role that had everything, ERP systems, successfully qualify as accountants around you and build trust. Y2K, business analysis, online payments, retail, restaurant, tourism with CPA and high earning industry roles. Accountancy Plus June Issue 2021
10 Sustainability Reporting Financial Reporting News In September 2020, The IFRS Foundation Trustees published a Consultation Paper on Sustainability Reporting (2020 Consultation Paper). The aim of the FRC consults on periodic be addressed, or comments Consultation Paper was to assess the review of FRS 102 or suggestions in relation to the current requirements. In need for global sustainability reporting UK and Ireland accounting addition to stakeholder feedback standards and the role, if any, that standards are subject to periodic the review will consider recent the foundation should play in the reviews, at least every five years, developments in financial development of such standards. to ensure they remain up-to-date reporting (such as changes in and continue to require high- IFRS) and relevant developments An initial review of the responses received quality and cost-effective financial in the wider reporting framework. to the 2020 Consultation Paper indicated reporting from entities within a growing and urgent demand to improve their scope. Any changes to accounting global consistency and comparability standards that are proposed as a The Financial Reporting Council in sustainability, recognition that urgent result of the periodic review will (FRC) is starting the next periodic be subject to public consultation steps need to be taken and a broad review of FRS 102, including at a later date, not expected to be demand for the IFRS Foundation to play other UK and Ireland accounting before 2022. The effective date a role in this. The Trustees met in early standards. for any amendments is currently March 2021 to continue their analysis and Part of this process is seeking expected to be 1 January 2024. discussions of the feedback received to views from stakeholders on the 2020 Consultation Paper. Stakeholders can provide areas that might be considered comments on any aspect of the One of the matters on which the Trustees as part of the review. The FRC standards to ukfrsperiodicreview@ note that this might include new sought to consult was the establishment frc.org.uk by 31 October 2021. issues/transactions that should of a New Sustainability Standards Board Source: www.frc.org.uk and following their meeting in March 2021 the Trustees have reached the following views about the strategic IASB extends the In response to calls from stakeholders and due to the direction of a new board: application period for ongoing impact of Covid-19, Covid-19 related rent • To focus on information that is material the IASB has recently extended concessions the relief by one year to cover to the decisions of investors, lenders In May 2020, the International rent concessions that reduce and other creditors; Accounting Standards Board only lease payments due on or • To initially focus its efforts on climate- (IASB) amended IFRS 16 Leases, before 30th June 2022. related reporting, while also working by introducing a practical The amendment is effective towards meeting the information needs expedient, to make it easier for for financial reporting periods of investors on other ESG; lessees to account for Covid-19 commencing on or after 1st related rent concessions such April 2021. • To build upon the well-established work as rent holidays and temporary Source: www.ifrs.org of the Financial Stability Board’s Task rent reductions. Force on Climate related Financial Disclosures (TCFD), as well as work by FRC proposes extending application period for the alliance of leading standard-setters accounting requirements covering Covid-19-related in sustainability reporting focused on enterprise value; rent concessions The Financial Reporting Council into FRS 102 and FRS 105 in • By working with standard-setters from (FRC) has recently issued October 2020 apply to rent key jurisdictions, standards issued an Exposure Draft that proposes concessions that reduce only by the new board would provide a to extend the application lease payments originally due on globally consistent and comparable period of requirements or before 30 June 2022, provided sustainability reporting baseline, while that cover the accounting the other conditions for applying also providing flexibility for coordination treatment of temporary rent the requirements are met. on reporting requirements that capture concessions occurring as a direct The amendments are proposed wider sustainability impacts. consequence of the Covid-19 to be effective for accounting pandemic by one year. periods beginning on or after Source: www.ifrs.org FRED 78 proposes that 1 January 2021, with early requirements originally introduced application permitted. Accountancy Plus June Issue 2021
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12 Commission adopts Law & Regulation News proposal for a Corporate Sustainability Reporting Charities Regulator and Revenue Directive Commissioners agree new The European Commission has recently co-operation arrangement adopted a proposal for a Corporate Sustainability Reporting Directive (CSRD) which would amend The Charities Regulator and the Revenue Commissioners the existing external reporting requirements have agreed an updated co-operation agreement. under the current EU Non-Financial Reporting The Memorandum of Understanding, published today, Directive. The proposal supports cooperation and collaboration in the interest of ensuring appropriate sharing and assessment of • extends the scope to all large companies information by both parties. and all companies listed on regulated markets (except listed micro-enterprises) The overarching aim of the arrangement is to uphold the integrity of charitable organisations and charitable trusts • requires the audit (assurance) of reported in Ireland and support public confidence in information charities operating in Ireland or under Irish law. • introduces more detailed reporting requirements, and a requirement to report The objectives of the new Memorandum of according to mandatory EU sustainability Understanding are to: reporting standards • Facilitate administrative cooperation between the • requires companies to digitally ‘tag’ the Charities Regulator and the Revenue Commissioners reported information, so it is machine readable in the performance of their respective functions in so and feeds into the European single access far as they relate to the regulation of charities; point envisaged in the capital markets union • Ensure consistency between decisions made or action plan. measures taken by the Charities Regulator and the Revenue Commissioners, in so far as is practical, Source: www.ec.europa.eu in relation to matters concerning the regulation of charities; Extension of timeline for • Avoid any unnecessary duplication of activities by the Charities Regulator and the Revenue Commissioners; Credit Unions to hold • Promote a common understanding of the virtual AGMs responsibilities, working procedures, legal powers and constraints of the Charities Regulator and the Revenue The Government has approved an extension of the Commissioners; timeline to allow credit unions to hold their 2020 Annual General Meetings virtually to the end of June • Facilitate and provide necessary safeguards for effective 2021. investigation and exchange of information, with the objective of preventing, detecting and remedying The Finance (Miscellaneous Provisions) Act 2020, misconduct or mismanagement in the administration signed into law last December extended the timeline of charities and charitable funds; for credit unions to hold their 2020 Annual General Meetings to end of April 2021. It also allowed for a • Ensure appropriate consultation and co-operation temporary override of credit unions rules and allows on matters of mutual interest so that charities may for all general meetings to be convened virtually. be encouraged to comply fully with their legal responsibilities under charity and taxation legislation The Credit Union Act 1997 (Section 3A) Order 2021 and adopt best practice in governance. now provides for an extension of the ‘interim period’ for a further two months until the end of June 2021. Source: www.charitiesregulator.ie Source: www.gov.ie Accountancy Plus June Issue 2021
13 Ensuring a safe return to work Ensuring a safe return to work – Employees and Covid-19 Vaccine by Derek McKay LAW & REGULATION Employees and Covid-19 Vaccine by Derek McKay There has been significant commentary in relation to the Covid-19 vaccine roll-out programme in Ireland with most recent announcements detailing that the Government is confident that 82% of the adult population will have received the first of their jabs by the end of June and anyone who wished to receive the vaccine will have done so by September. A considerable task but achievable if there are no further delays. This is a very welcome message for have employees returning to the reasonably include the risk of most, if not all, businesses as it is workplace, subject to the restriction Covid-19 infection. Employees must crucial to get mass vaccination to levels in force. However, while it is adhere to all guidelines and protocols ensure we have a successful and highly recommended that everyone implemented by their employers. safe reopening of the economy, receives the Covid-19 vaccine, it Communication is key; while particularly within the hospitality is not mandatory in Ireland and a employers cannot force their and related sectors for the summer person’s fundamental right to bodily employees to get vaccinated, they season. integrity is covered under the Irish can communicate out the advice Constitution. Based on the reports we’re getting from government and the HSE. from Government, and on the This leaves employers in a potentially prioritisation of those receiving the difficult situation; while seeking to Avoid potential vaccine, we expect to see the vast ensure a safe workplace, they cannot discrimination majority of healthy adults receiving force employees to get vaccinated Employees have protections under the vaccine over late summer and it is highly unlikely that the the Employment Equality Acts 1998 and early autumn. Thus, providing Government will introduce any laws – 2015 from discrimination on nine some optimism for employers who stating employees are obliged to take grounds, including religion, age can start planning a return to the the vaccine. So, what are the main and disability. An employee may workplace. considerations for employers? decide not to get the vaccine for a number of reasons that would Working with this date in mind, it Assess the risk gives ample time for employers to come under these specific grounds, Under the Safety, Health and Welfare such as a medical condition or their ensure a safe return to the workplace at Work Act, an employer must religious beliefs. Any mandate by an but a key question for employers carry out a risk assessment of the employer that employees need to relates to ‘how or can they ensure workplace and any potential risks take the vaccine could constitute employees are vaccinated?’ Also, that have been identified must be discrimination under the Act. what can they do to ensure the addressed and The Work Safely health and safety of their workforce? Protocol should be adhered to in all Managing the risk with Provide a safe workplace workplaces. It is important to note employees who don’t get that scientists are still not clear on vaccinated Under the Safety, Health and Welfare whether or not the vaccine prevents at Work Act, it is the responsibility Understanding an employees’ the spread of Covid-19, so it is of the employer to provide a safe concerns is important and important for employers to ensure working environment for employees, finding solutions that meet the that all employees follow the safety so it is not unreasonable that an business needs without infringing protocols that are put in place, employer would want their workforce on employee rights is crucial in whether they have been vaccinated vaccinated. The Work Safely Protocol managing an employees’ integration or not. was introduced in November 2020 back into the workplace. Extending (an enhanced version of the original Equally, employees have the term of remote working may be Return to Work Protocols launched responsibilities under the Act to an option but this may not be feasible in May 2020) and it is essential work with their employer to protect for all sectors or may cause other that all employers ensure they are themselves and their colleagues unintended consequences. fully implemented if they intend to from potential risks; this could Accountancy Plus June Issue 2021
14 In any case, employers need to think possible. In fact, given the restrictions evolving employment landscape. carefully about any action they take, that have been in place for over a But it is important that employers and the potential legal consequences year, many businesses have turned meet their responsibilities under associated with these actions. to virtual meetings, events and employment legislation and prepare conferences as the norm. for future working practices. Data protection concerns If an employee is returning from Conclusion As part of assessing the risks, a holiday from a country badly employers will naturally want to know Given the vast majority of the working impacted by Covid-19, they are who has or hasn’t been vaccinated population won’t be returning to the required to follow public health rules before getting employees back to workplace until much later in the relating to that region and must take the workplace. In order to process year, it is hoped that the vast majority any quarantine into consideration personal data, there must be a legal will have taken up the offer of when booking time off. This may basis to do so, the grounds for vaccination. However, planning and have implications for their availability which are set out in Article 6 of the communication are key to ensuring to attend for work upon their return. General Data Protection Regulations. a smooth transition when the time While employees are not obliged to Remote working – what comes. provide personal medical information happens next? Ensuring health and safety policies in the main, employers may seek As workplaces begin to reopen, a and procedures are updated, robust vaccination information on the basis consideration for many employers risks assessments are carried out and that they are meeting their legal will be a potential influx of requests adhering to the Work Safely Protocol obligations under the Safety, Health to work remotely. The Government are key to getting people back to the and Welfare at Work Acts. Realistically has signalled its support for remote workplace. it will be up to individual employees working through its National Remote Be mindful and respectful of an to volunteer this type of information Working Strategy and ambition to individual’s right not to get vaccinated to their employer. have 20 percent of public servants and plan accordingly by offering If employees volunteer information working remotely by the end of the other working arrangements where about whether or not they have year. appropriate. And avoid a situation that been vaccinated, employers should Many who have been working may constitute discrimination, leading take care not to disclose to other remotely for over a year may expect to legal issues. employees who have or have not to have the same flexibility when it And, finally, keep a watching brief on been vaccinated. comes to a full reopening. Unless the national vaccination programme Work-related and leisure previously agreed, remote working and the public health advice to assist travel is being done so on an interim basis. in proceeding safely with a return to How employers manage requests to the workplace. At the time of writing, the European work remotely in the future is going Commission was considering Adare Human Resource to be dependent on the business proposals for the introduction of Management is a team of expert- needs. Caution should be taken as a Digital Green Card, or vaccine led Employment Law, Industrial any permanent decision for remote passport, for travel within the EU. Relations and best practice Human working may set a precedent. Regardless, anyone travelling must Resource Management consultants. follow the public health guidance and Employers need to clearly establish For more information go to www. rules at the time of travel. what their policies are in relation to adarehrm.ie or contact one of the remote working to avoid confusion team at (01) 561 3594. Any travel, whether personal or or challenges. There are also other business, should be limited if at all consequences for employers to consider, particularly for employees who are working outside the country, such as employment tax, statutory employment rights, data protection and immigration. Remote working is a permanent fixture in the employment landscape and while it presents some tough challenges for employers, developing innovative strategies to successfully navigate the challenges should be in sharp focus. Each sector is going to be different in how it effectively Derek McKay manages remote working and the Managing Director at Adare Human Resource Management. Accountancy Plus June Issue 2021
15 Ireland – 5th Anti-Money Laundering Ireland – 5th Anti-Money Laundering Directive by Henry Duggan LAW & REGULATION by Henry Duggan On 19th June 2018, the 5th Anti- As a result, Ireland was fined €2 • Tax advisors – Money Laundering Directive (Directive million on 16th July 2020 for failing Individuals involved in the (EU) 2018/843)1 was published. This to transpose the Directive before provision of taxation advice to revised Directive, which updated the the required due date of 26th June clients. previously published 4th Anti-Money 2017 (which was required of all EU • Virtual currency providers – Laundering Directive2, required member states). Following this, the Similar to the requirements transposition by all EU Member States publication of the Criminal Justice already imposed on financial on or before 10th January 2020. This (Money Laundering and Terrorist institutions, virtual currency new Directive provided significant Financing) (Amendment) Bill 20205 in providers will now have to enhancements to further enhance September provided the initial steps conduct the appropriate due the financial crime frameworks across for the transposition of the 5th Anti- diligence on clients. EU member states, thereby providing Money Laundering Directive into Irish • Art dealers – greater protection against money law. Those involved in the trading laundering and terrorist financing. In essence this bill moved to of pieces of art where the value As has been promulgated by the amend the Criminal Justice (Money (either alone or in conjunction European Commission3, these new Laundering and Terrorist Financing) with linked transactions) is at least enhancements focussed on: Act 2010 to give effect to Directive €10,000. • Enhancing transparency by setting (EU) 2018/843 of the European • Politically Exposed Persons up publicly available registers for Parliament and of the Council of (“PEP”) - companies, trusts and other legal 30th May 2018 amending Directive Under the new requirements, arrangements. (EU) 2015/849 on the prevention of designated persons are required the use of the financial system for • Enhancing the powers of EU to continue to monitor politically the purposes of money laundering Financial Intelligence Units and exposed persons for as long as is or terrorist financing and amending providing them with access to reasonably required to take into Directives 2009/138/EC and 2013/36/ broad information for the carrying account the continuing risk posed EU; and to provide for related out of their tasks. by that person and until such matters. This was subsequently time as that person is deemed • Limiting the anonymity related achieved in March 2021 through the to pose no further risk specific to virtual currencies and wallet Criminal Justice (Money Laundering to politically exposed persons. providers, and also for pre-paid and Terrorist Financing) (Amendment) Additionally, the definition of a PEP cards. Act 2021. has been updated to any individual • Broadening the criteria for the So, this raises the question as to performing a prescribed function – assessment of high-risk third the impact of the 5th Anti-Money where the Minister for Finance will countries and improving the Laundering Directive on the AML issue guidelines as to what may be safeguards for financial transactions environment in Ireland. A number of considered to be prominent public to and from such countries. important developments occurred function. across the following areas6: • High Risk Countries - • Setting up central bank account registries or retrieval systems in all • New categories of “designated Designated persons will be required Member States. persons” were introduced in the to apply the following measures new legislation. This definition was to manage and mitigate the risk The European Court of Justice found expanded to include the following: of money laundering and terrorist that the 4th Money Laundering financing additional when dealing Directive was not fully transposed • Property service providers – with a customer established or into Irish law until 3rd December Property and Estate Agents who residing in a high-risk third country: 20194. are involved in the letting of properties where the monthly a. Obtaining additional information rental income is at least €10,000. on the customer and on the beneficial owner. 1 EUR-Lex - 32018L0843 - EN - EUR-Lex (europa.eu) 2 EUR-Lex - 32015L0849 - EN - EUR-Lex (europa.eu) 3 Anti-money laundering and counter terrorist financing | European Commission (europa.eu) 4 Judgment of the Court (Grand Chamber) of 16 July 2020. - Publications Office of the EU (europa.eu) 5 b2320d.pdf (oireachtas.ie) 6 a0321.pdf (oireachtas.ie) Accountancy Plus June Issue 2021
16 b. Obtaining additional information The new act also reinforces the within financial institutions and other on the intended nature of the necessity for the Irish Financial regulated entities are enhanced to business relationship. Intelligence Unit, where practicable, reflect the additional requirements in to provide timely feedback to the new legislation. c. Obtaining information on the a designated person who is source of funds and source of Additionally, there is also a required to make a report on the wealth of the customer and of clear requirement to ensure effectiveness of and follow-up to the beneficial owner. that appropriate monitoring reports made to it. of controls are in place to d. Obtaining information on the Tipping Off – The new act also monitor the effectiveness of new reasons for the intended or updates an additional defence to the countermeasures on an ongoing performed transactions. offence of “tipping off” for the person basis, and then take remedial e. Obtaining the approval of senior to prove that, at the time of the action if needed. Similarly, there is management for establishing disclosure that: also a need for enforcement and or continuing the business a. the person was a credit institution regulatory bodies to monitor the relationship. or financial institution or a majority- implementation and effectiveness owned subsidiary, or a branch, of those in the regulated sector. f. Conducting enhanced of a credit institution or financial The 5th Anti-Money Laundering monitoring of the business institution, or made the disclosure Directive provides an opportunity relationship by increasing the on behalf of a credit institution or to further strengthen the financial number and timing of controls a financial institution or a majority- crime regulatory environment within applied and selecting patterns owned subsidiary, or a branch, Ireland, thereby further enhancing of transaction that need further of a credit institution or financial the jurisdiction’s reputation as an examination. institution, and international financial services centre • Beneficial Ownership - going forward. b. the disclosure was to: The new requirements also i. a credit institution or financial “The views expressed in this article highlight that designated persons institution incorporated in a are those of the author(s) and are required to ascertain that Member State, where both not necessarily the views of FTI information relating to beneficial the institution making the Consulting, its management, its ownership included in the relevant disclosure, or on whose behalf subsidiaries, its affiliates, or its other Central Register of Beneficial the disclosure was made, and the professionals.” Ownership. institution to which it was made “FTI Consulting is an independent • Senior Managing Officials - belonged to the same group, or global business advisory firm Where the beneficial owner is the ii. a majority-owned subsidiary dedicated to helping organisations senior managing official referred or branch situated in a third manage change, mitigate risk and to in Article 3(6)(a)(ii) of the 4th country of a credit institution or resolve disputes: financial, legal, Money Laundering Directive, a financial institution incorporated operational, political & regulatory, designated person will be required in a Member State, where the reputational and transactional. FTI to take the necessary measures to subsidiary or branch was in Consulting professionals, located in verify the identity of that person compliance with group-wide all major business centres throughout and must keep records of the policies and procedures adopted the world, work closely with clients to actions taken to verify the person’s in accordance with section 54, anticipate, illuminate and overcome identity including any difficulties or, as the case may be, Article complex business challenges and encountered in the verification 45 of the 4th Money Laundering opportunities. For more information, process. Directive.” visit www.fticonsulting.com and • Prepaid Cards - connect with us on Twitter (@ The customer due diligence limits In conclusion, the transposition FTIConsulting), Facebook and relating to prepaid cards has now of the 5th Anti-Money Laundering LinkedIn.www.fticonsulting.com.” been reduced down from the Directive into Irish law, provides a previously existing threshold of significant further enhancement of €250 to a maximum monthly the previously existing framework. amount to €150. However, it is important to note • Safety Deposit Boxes - that merely enacting legislation The new requirements prohibit does not guarantee an enhanced the creation of anonymous level of protection from illicit safety-deposit boxes by financial activities such as money laundering institutions. and terrorist financing. There is a clear responsibility on those in the • Financial Intelligence Unit regulated sector to ensure that Feedback - the current AML/CFT frameworks Henry Duggan Managing Director, Financial Services, FTI Consulting Accountancy Plus June Issue 2021
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