Article

Year-end/Deadline Actions

Country-by-Country (“CbC”) Reporting deadlines

CbC Reports

The following constituent entities of an MNE Group with a 31 December year-end whose consolidated revenue exceed €750 million in the immediately preceding fiscal year are required to file CbC Reports in Ireland by 31 December 2018;

• An Irish tax resident ultimate parent entity of the MNE Group;

• An Irish tax resident surrogate parent entity of the MNE Group;

• An Irish tax resident EU designated entity of the MNE Group; and

• An Irish tax resident required to file CbC Report or an Equivalent CbC Report under the secondary mechanism.

CbC Reports in Ireland must be filed electronically via Revenue’s Online System (“ROS”) in .xml format in accordance with the OECD CbC Reporting .xml schema.

CbCR Notifications

Under the OECD model legislation on CbC Reporting, group entities in a number of countries must file a notification about the CbC Reporting entity before the end of the reporting fiscal year.

Notifications are generally required to include the following information:

• Name of the CbC Reporting entity;

• Country of CbC Report filing;

• Tax identification number of the group entity filing the notification; and

• Fiscal year covered.

For the CbC Reports relating to 31 December 2018, the countries where group entities are required to file a CbC notification by 31 December 2018 are the following:

Austria

Belgium

Bermuda

Bulgaria

Curacao

Cyprus

Denmark

Finland

Gabon

Greece

Hungary

Ireland

Jersey

Latvia

Liechtenstein

Lithuania

Luxembourg

Malaysia

Monaco

Netherlands

Nigeria

Papua New Guinea

Poland

Qatar

Romania

Spain

Sweden

United Kingdom

 

Ireland

All notifications must be made no later than the last day of the fiscal year to which the CbC Report. Any notifications required under the Irish CbC Reporting legislation must be made for each fiscal year. For example, if an Irish tax resident ultimate parent entity (UPE) of an the MNE Group, has notified Irish Revenue that it is the reporting entity for the fiscal year ended 31 December 2017 it must again, before 31 December 2018, notify Revenue that it is the reporting entity for the fiscal year ending 31 December 2018. Notifications required in accordance with Irish CbC Reporting legislation must be by submitted electronically via ROS.

Deadlines to request competent authority assistance to relieve double taxation

The Mutual Agreement Procedure (“MAP”) articles of the double tax treaties signed between Ireland and 74 other countries (currently 73 of them being in effect) provide assistance to relieve potential double taxation arising from transfer pricing adjustments.

As such, it is very important to understand the actions required to preserve the right to request competent authority assistance to relieve potential double taxation. The following table provides a summary of the applicable time limits for requesting competent authority assistance between Ireland and some of its main treaty partners under the applicable tax treaty. For further information relating to all 72 treaties which Ireland has entered into, please visit the Irish Revenue website.

Ireland's treaty partner Notification | Action deadline per treaty
Australia The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Austria No deadline.
Belgium The case must be submitted before the expiry of a period of two years from the notification of liability to or the deduction at source of the second charge to tax.
Canada The case must be submitted within two years from the first notification of the action which gives rise to taxation not in accordance with the provisions of the treaty.
China The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Denmark The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Finland The case must be presented within three years from the first notification of the action regarded by such resident as resulting in taxation not in accordance with the provisions of the treaty.
France No deadline.
Germany The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Greece The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Hong Kong The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Hungary The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
India The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Israel The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Italy The claim must be lodged within two years from the date on which the tax was notified or withheld at the source or within two years of the entry into force of this Convention, whichever is the later.
Japan No deadline.
Luxembourg No deadline.
Malta The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Netherlands No deadline.
New Zealand The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Norway The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Poland The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Portugal The case must be presented within two years from the first notification of the action resulting in taxation not in accordance with the provisions of the treaty.
Russia The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Singapore The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
South Africa The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Spain The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Sweden The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
Switzerland No deadline.
Turkey The case must be presented within three years from the first notification of the action giving rise to taxation not in accordance with the provisions of the treaty.
United Kingdom No deadline.
United States No deadline.
Did you find this useful?