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Angela Fleming features in the Law Society Gazette Ireland

12 October 2020

The Aviation sector has been faced with unprecedented challenges since the offset of the Covid-19 pandemic with current restraints against the reopening of the sector signaling significant losses amongst those involved in the sector. 

Angela Fleming, Tax Partner at BDO Ireland, recently joined Tully Rinckey Ireland for a webinar on the rebuild of the Aviation Sector. Angela joined Grainne Loughnane and Aaron McGarry of Tully Rinckey and Stephen Kelly of Global AVX for a panel discussion on the challenges and what the future might look like for the industry. The theme of the webinar was extremely topical with the outtakes documented in The Law Society of Ireland Gazette - Ireland’s no.1 source of daily legal news for legal professionals.

Commenting on Ireland’s competitive tax regime for aircraft leasing, Angela said that this is a direct result of Government policies spanning several decades.

Unlike some other jurisdictions, this is not new and it’s not temporary, she said.

Successful aircraft leasing ranges from aircraft acquisition, lease finance negotiation, and ongoing management of rentals, technical and maintenance, to lease-end negotiations and re-marketing.

These activities in Ireland are undertaken by highly experienced teams, supported by a framework of strong legal and professional services.

Ireland’s extensive double tax treaty network is another factor in the industry’s success, according to Angela, with 73 of 74 currently fully in effect.

“It takes years and years to negotiate a tax treaty, so the idea that another jurisdiction can come along and replicate that overnight is simply unrealistic,” said Angela

The UK has 130 double tax treaties, but Ireland’s are better quality, and specifically negotiated with aircraft leasing in mind, she explained.

A full 80% provide for zero withholding on lease rentals, which makes the Irish treaty network stand out.

Treaties are key because airline leasing is by its nature an international business, explained Angela.

A tax deduction for the cost of acquiring an aircraft means depreciation losses can be carried forward and used against profits.


BDO’s Aviation Finance team consists of industry dedicated specialists across a range of key services and have been providing professional services to sector in Ireland since the 1980s. Click below to find out more or contact a member of our team.

BDO AVIATION FINANCE


Content adapted from the Law Society Gazette of Ireland 'Glut of metal' as planes come off lease”, available at https://www.lawsociety.ie/gazette/top-stories/glut-of-metal-as-planes-come-off-lease/