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Revenue briefing on ETF taxation

  • 01-09-2021 5:59pm
    #1
    Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭


    Check the Revenue website today 01/09/21.

    E briefing.

    Non-Ucits Etfs to be taxed same as Ucits, from Jan 2022.

    Meaning, they are no longer taxed like shares. No offsetting losses, no CGT allowance , gains taxed at full 41%, and 8 year deemed disposal rule.

    Applies to previously held Ucits funds also.

    Ouch, this is going to **** a lot of people.



«1

Comments

  • Registered Users, Registered Users 2 Posts: 3,981 ✭✭✭Diarmuid


    This is the document you are referring to ? https://www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-27/27-01a-03.pdf

    I think it will take a few readings and re-readings. This postscript I think is the kicker

    [quote]1 Prior guidance confirmed that investments in ETFs domiciled in the USA, the EEA or in an OECD member state (other than the USA) with which Ireland has a double taxation treaty, follows precisely the treatment that would apply to share investments generally. That confirmation does not apply to such investments with effect from 1 January 2022.[/quote]



  • Registered Users, Registered Users 2 Posts: 602 ✭✭✭transylman


    And here I was hoping that they would see sense and bring EU ETFs in line with US domiciled ones. Then they go and do the opposite.



  • Registered Users, Registered Users 2 Posts: 18,379 ✭✭✭✭namloc1980


    What a farce. Investing in Ireland is extremely complex and the tax regime is frankly ridiculous as it is. So to make matters worse they now bring US domiciled ETFs into the deemed disposal regime as well. What a kick in the teeth.



  • Registered Users, Registered Users 2 Posts: 15,449 ✭✭✭✭Vicxas


    Can someone explain this to me, our company gives us shares through an American company. They tax us 52% of the shares released before releasing it to us.


    What does that mean for my shares going forward?



  • Registered Users, Registered Users 2 Posts: 3,093 ✭✭✭Static M.e.


    @Vicxas Probably nothing as the change above is in relation to ETFs only and you are talking about Shares (single stock only), unless I have missed something



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  • Registered Users, Registered Users 2 Posts: 1,366 ✭✭✭DataDude


    Thanks for the heads up on this. Mind-blowingly stupid. Forcing retail investors away from diversified ETFs and most likely into individual stocks or actively managed investment trusts with higher fees. You couldn't make it up...

    I wrote to a couple of TDs on this a few years back. Any of the responses I got were framed as if I was some overseas investor/fund trying to dodge taxes..."There is not currently an appetite within government to provide further favorable tax treatment of investment funds" 😫



  • Registered Users, Registered Users 2 Posts: 20,226 ✭✭✭✭cnocbui


    Emigrate, it's the only solution.



  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭Viscount Aggro


    The right advice...

    this is a socialist country, investing for yourself is discouraged and to punished.

    I am still investing in UCITS etfs, then i will emigrate and sell when I need to.

    Vanguard and iShares dont even bother marketing ETFS in Ireland.



  • Registered Users, Registered Users 2 Posts: 6,003 ✭✭✭handlemaster


    Crazy . Stuff the government want everyone to be dependent upon the old age pension when they retire. I dont get this policy of capital gains every 8 years. Why save at all ? Many thats the game encourage consumers spending and pull taxes from that in the short term.



  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭Viscount Aggro


    The Man wants you working, paying tax, consuming....

    until you reach retirement age.



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  • Registered Users, Registered Users 2 Posts: 3,879 ✭✭✭One More Toy


    All I can say is, ****



  • Posts: 0 [Deleted User]


    It isn't fair to change a tax law like this with such short notice.

    I have US ETFs that I bought a few years ago and had planned to hold forever. With this rule change I'll sell them and invest in IT's instead (ridiculous that I even have to do this) This gives me no time to sell them and avail of my €1270 yearly CGT allowance (I've already used this year's for other shares). There should be a longer notice period to allow people adjust to the rule change.

    Really unfair move by Revenue at a time when they should be doing a complete overhaul of the taxation on ETF's in order to encourage people to invest. Like the more people that invest, the more people that will pay CGT and everyone will be happy.



  • Registered Users, Registered Users 2 Posts: 20,226 ✭✭✭✭cnocbui


    Revenue don't wan't people to either save - DIRT - or to invest. If you have money to invest left over after living costs, they consider it as a professional sleight as it means they have messed up in not extracting enough. Seriously, the government wants you to consume and spend every single cent, apart from what they skim off.

    The national debt per citizen in NZ is €25,299. In Ireland, it's €42,327. Both are Island economies with similar sized populations. NZ doesn't have the MNC advantage Ireland has, and yet they don't have death duties, they don't have DIRT, they don't have CGT and their version of vat is 15%. Fascinating.

    We all know Greece is an economic basket case. Their national debt per citizen is €37,139.

    The level of national debt per person in this country terrifies me; It's €90,346 per person in employment, given those number 2,250,500. Of course some of those employed people pay little or no tax, so it's even worse. Coupled with the Irish governments decades long MNC cargo cult, I can't see corporation taxation mitigating this in any way.

    There is also the oncoming express train of CO2 related taxes rapidly inbound.

    This move on ETFs is all part of the picture, which I personally believe will probably lead to deposit haircuts.



  • Registered Users, Registered Users 2 Posts: 3,879 ✭✭✭One More Toy


    It's utter bull. There may not even be a state pension when I get to that age. When the US etfs were banned I moved into riskier stocks in the s&p, feel forced to do so



  • Registered Users, Registered Users 2 Posts: 301 ✭✭Jambonjunior


    Why do they do this? Do they offer a logic for it? Why are we one of the only countries that tries to limit investment?



  • Registered Users, Registered Users 2 Posts: 20,226 ✭✭✭✭cnocbui


    As someone said earlier, it's a socialist country, but weirdly, one that worships large corporations.



  • Registered Users, Registered Users 2 Posts: 2,994 ✭✭✭Taylor365


    Question as old as time.


    They want all the foreign investment they can get, but god forbid the locals want a slice!


    My suggestion, move to Fermanagh! Tax free stocks and shares ISA + all the lakes you'd need!


    That is until the unification of Ireland in 2024...



  • Registered Users, Registered Users 2 Posts: 698 ✭✭✭FernandoTorres


    Surely they have to come out and justify why they are treating ETFs differently here from a tax perspective than pretty much every other OECD country? Is that asking too much!? I just really don't get why they go so far out of their way to prevent anyone investing in anything other than property. The whole system is a joke. Even the CGT exemption of E1,270 is still linked to the punt FFS and hasn't been indexed since. If that was the case in the US, UK, Aus etc there'd be uproar.



  • Registered Users, Registered Users 2 Posts: 20,226 ✭✭✭✭cnocbui


    They can't justify VRT, or DIRT or levies on all forms of insurance and not allowing for inflation when calculating capital gains or still having the 'temporary' USC, 11 years after it was introduced, so why should they have to now? Wake up and leave.



  • Registered Users, Registered Users 2 Posts: 542 ✭✭✭B2021M


    Extraordinary. At a time when they should be discouraging investment in property they do this....



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  • Registered Users, Registered Users 2 Posts: 698 ✭✭✭FernandoTorres


    I already did! I've lived in Australia for the last 8 years and have benefited hugely from investing but am moving home next year and already dreading dealing with the shambles of a system they've created. Here we have a standard system where ETFs are treated like shares (what a novel concept!) and capital gains are charged at your marginal tax rate with a 50% discount if you held the asset for 12 months or more. Losses can be carried indefinitely.

    I used to think in Ireland they just didn't pay any attention to it as most people couldn't care less about investing but now it seems like it's a deliberate strategy and I just don't get it. I've never heard of any other country that has this deemed disposal rubbish.



  • Registered Users, Registered Users 2 Posts: 20,226 ✭✭✭✭cnocbui


    I'm an Australian who has been living in Ireland for too long and can't leave soon enough. I think you will be wondering what the hell you were thinking, not long after you return.



  • Registered Users, Registered Users 2 Posts: 98 ✭✭geo88


    what alternatives remain/are still attractive in light of this?



  • Registered Users, Registered Users 2 Posts: 420 ✭✭Blud


    Wait till you find out the AU rules on deemed disposal when you break tax residence there...



  • Registered Users, Registered Users 2 Posts: 698 ✭✭✭FernandoTorres


    I'm already aware of that and have planned accordingly. A deemed disposal on breaking residency makes some sense and is common enough. A deemed disposal for just continuing to stay invested seems ridiculous and can cause major headaches due to timing.



  • Registered Users, Registered Users 2 Posts: 835 ✭✭✭techman1


    How do you know they apply to already owned US domiciled etfs ?

    What happens on January 1 if for example you still hold a US etf and have held it for 10 years before January 1 surely the deemed disposal clock only starts on January 1 because thats when they changed their guidance ?



  • Registered Users, Registered Users 2 Posts: 2,632 ✭✭✭Yellow_Fern


    Possibly UK investment Trust. Some say that they will be withdrawn from sale due to KIID rules in a few years. So the other option is to find conglomerate stocks, ideally with with no dividends.



  • Registered Users, Registered Users 2 Posts: 835 ✭✭✭techman1


    Any new information on this? Nobody seems to know anything for definite, what now distinguishes a CGT taxed ETF from a deemed disposal ETF. What are you to do with US domiciled ETFs that are now taxed under CGT but there is no clear rule after January 2022.



  • Registered Users, Registered Users 2 Posts: 508 ✭✭✭notsocutehoor


    I think you have the right idea Dude, write to your local TD's and the Finance & Public Expenditure Ministers, setting out in reasonable detail the cons of how ETFs and UCITS are dealt with from a tax point of view and particularly the risk associated with forcing less experienced investors down the riskier route of individual stocks. Every TD in every constituency needs to be targeted though to make a campaign effective. The rules are only going to change from political pressure



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  • Registered Users, Registered Users 2 Posts: 187 ✭✭someday2010


    There is a simple solution to get around these socialist scumbags - invest in BRK.B I.e. Berkshire Hathaway. What’s more buffet never pays a dividend as he is smart enough to realise that its compounding over a long period that makes you rich so they won’t be getting their grubby socialist hands on the annual dividend at 41% as he pays no dividend just reinvests or hoards cash until he gets value.

    This deemed disposal policy is outrageous and utter madness. How about letting the hard working Irish person build wealth in the market and let them spend it at their choosing. After all you take the risk in choosing to invest the government takes no risk but just grabs your profits.

    But then again, you the hardworking Irish person trying to get ahead will have to pay for all of these free social houses that will be given away for free in the next ten years while at the same time being barely able to buy yourself a modest home.


    only a fool would work and pay taxes in Ireland. Only people who get looked after are the left wing lazy dole blunders. Free houses for all , free everything for me but no work from me,



  • Registered Users, Registered Users 2 Posts: 2,994 ✭✭✭Taylor365


    When Buffett is assassinated by the old hands of time, what then?

    I do not hold others in the regard of Buffett, no matter how long they've working under him.



  • Registered Users, Registered Users 2 Posts: 835 ✭✭✭techman1


    Any clarification on this e brief?

    What happens on January 1 , if you still hold the US domiciled etf which was bought for example 10 years ago. When does the "deemed disposal" kick in ?, surely the clock must start on January 1 because that's when revenue changed their guidance?



  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭Viscount Aggro


    I dont think they changed their guidance, merely clarified it.

    The whole thing is a mess, and discourages after-tax investing.



  • Registered Users, Registered Users 2 Posts: 835 ✭✭✭techman1


    Ok, but they put the date of January 1 2022 into play as the date to rectify your position. If they haven't changed anything then they could say, oh those U.S. domiciled etfs were "deemed disposal" investments all along. On the other hand if someone successfully argues that a particular US domiciled etf is in fact taxed under the normal regime of CGT, well then that will also apply to most other US domiciled etfs.

    It could hardly be the case that revenue will agree with one investor that a particular etf is taxed under CGT and then for another investor deem that the exact same etf is a "deemed disposal" investment?

    Surely with many investors going to the trouble to seek out these US domiciled etfs many with the help of paid financial expertise, surely this is going to be hotly contested as so much money has been invested precisely because of the previous revenue guidance



  • Registered Users, Registered Users 2 Posts: 2,985 ✭✭✭beachhead


    Yes,worth consideration.Pity domicile can't be "lost" but after 2 full tax years away who cares.



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  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭Viscount Aggro


    How many people just leave and no longer interact with them for the 3 years afterwards.

    Im not advising this, but reminds me of the dark days in 2009/10

    Cars left at the airport, still there years later rotting.


    The problem with R. is, depends on who you speak to, as mostly they are clueless on this matter.

    Check on askaboutmoney.com

    the poster called Marc Westlake got tax advice for his clients on this issue.

    He is an investment advisor for high net worth clients.



  • Registered Users, Registered Users 2 Posts: 20,226 ✭✭✭✭cnocbui


    Revenue are simply out of the picture the minute you have a foreign address and that address is used by the financial institutions you have dealings with. So weeks/months, not years. I know that's not what Revenue think or would like you to think, but it's the real world practical reality.

    Foreign financial institutions are obliged to report your transactions to their tax officials, or revenue directly, if you live in in Ireland. The minute you change the address of your accounts with them to 17, Widgeemultha st, Woolloomooloo, Sydney, you are no longer a foreigner and they cease to have any obligation to communicate your dealings to a foreign government.

    This is particularly relevant for that stupid idea of revenue's that a disposal of assets within 3 years of emigrating means you owe them the CGT. That one is possessed of so much 'neck', I actually find it hilarious.



  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭Viscount Aggro


    PO box address in Belize



  • Registered Users, Registered Users 2 Posts: 1,997 ✭✭✭Economics101


    One explanation for the Revenue's position is lobbying by brokers, fund managers and other financial people. They have so much to gain from management fees that anything which lessens the attractiveness of passive funds and ETFs puts more business into their hands.

    The whole thing is obscene and indefensible.



  • Registered Users, Registered Users 2 Posts: 835 ✭✭✭techman1


    If the revenue are clueless themselves about the taxation position of these ETFs, would they even notice that they should be taxed under "deemed disposal" or not especially as ETFs would just be listed like common stocks in your brokerage account, like there would be nothing to differentiate them. They would have the same type of ticker as every other stock especially if they are held outside Ireland anyway



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  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭Viscount Aggro


    They watch this forum, and similar discussions on AAM website.



  • Registered Users, Registered Users 2 Posts: 2,994 ✭✭✭Taylor365


    We're all moving to Fermanagh!


    Try tax us there! With our 12k capital gains allowance, 2k dividend allowance and our stocks and shares ISA that pays ZERO tax.


    And the lakes of course.



  • Registered Users, Registered Users 2 Posts: 14 The Notorious B.I.G.


    Has anyone sought out professional tax advice on this? Heard a podcast recently where a pensions platform manager mentioned that they had sought tax advice and Canadian ETFs would now be treated the same as UCITs ETFs for taxation purposes but that most US ETFs would still qualify under the CGT regime as they have a different structure.


    I'm interested in hearing about the major Vanguard ETFs in particular, VTI, VOO etc.



  • Registered Users, Registered Users 2 Posts: 1,162 ✭✭✭LawBoy2018


    All ETFs will be within the scope of the deemed disposal rule, it doesn't matter where they're based once the new rules come in next month.



  • Registered Users, Registered Users 2 Posts: 1,039 ✭✭✭lg123


    It’s the only explanation I can come up with either. Either that or they want to pump up the property market.

    Most likely lobbying from brokers.



  • Registered Users, Registered Users 2 Posts: 2,241 ✭✭✭ZeroThreat



    lol can someone vote in national elections for 3 years after emigrating?



  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭Viscount Aggro


    R. are monitoring this thread. Be careful



  • Registered Users, Registered Users 2 Posts: 835 ✭✭✭techman1


    Only 1 day left to cash out of those US domiciled etfs and be guaranteed treatment as CGT investments. Have many people sold them because of this revenue e-brief change or have they just held onto them into 2022. I have done the latter . I have not sold



  • Registered Users, Registered Users 2 Posts: 5,762 ✭✭✭jive


    I haven't sold and I'm only seeing the eBrief today.

    Has anyone actually received a definitive answer yet? I read the thread on AAM and here, but none the wiser. It also doesn't state when the deemed disposal kicks in (e.g. if I'm holding for a decade, previous guidance does not apply, am I liable to fines and interest on all my holdings?), even if it does so?

    Honestly thought the taxation couldn't get any worse, absolutely bonkers.



  • Registered Users, Registered Users 2 Posts: 1,339 ✭✭✭Viscount Aggro


    They don't want retail punters investing in these products... That's the bottom line. They want you in pensions, and property. I am convinced there's an agenda in Revenue that take it as a personal sleight, if you are left with any money each month.



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