On 14 November 2018, the Department of Finance launched a public consultation on the implementation of the interest limitation and anti-hybrid rules contained in Council Directive (EU) 2016/1164 of 12 July 2016 (the Anti-Tax Avoidance Directive or ATAD), as amended by Council Directive (EU) 2017/952 of 29 May 2017 (ATAD2).
The anti-hybrid provisions are aimed at preventing taxpayers from engaging in tax system arbitrage, which seek to exploit difference in tax systems of countries. In line with the ATAD and ATAD2, the implementation deadline for the anti-hybrid rules is 1 January 2020, with the exception of the anti-reverse hybrid rules which must be implemented by 1 January 2022. As was noted in the public consultation, it is intended to implement hybrid rules in Finance Bill 2019.
In the submissions received from the consultation process, many stakeholders noted that the anti-hybrid provisions will be complex and highly technical in nature. They also requested that the Department of Finance consult with stakeholders to the greatest extent possible in relation to the legislation.
The Department of Finance are publishing this feedback statement to respond to the views expressed in the responses to the public consultation, and to set out possible approaches to some of the technical aspects of the anti-hybrid rules.
The views of stakeholders will be important in ensuring that Ireland’s anti-hybrid rules, when introduced with effect from 1 January 2020, meet the standards required under ATAD while also being clear and operable in practice and remaining consistent with Ireland’s long-standing focus on the taxation of activities with substance in Ireland.
The feedback statement is available here. The closing date for receipt of submissions is Friday 6th September 2019