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CRO – A Costly Omission

We have spoken quite a lot in recent months about the various ways that Revenue will be clamping down on tax fraud issues and late filing. We also touched more recently on the fact that the CRO (Companies Registration Office) would be getting stricter on late filers, particularly companies with a history of late filing. In the past there has been a certain amount of leeway given to companies, and this year there was an allowance of two days given for online filing as a result of disruptions caused to businesses as a result of Hurricane Ophelia.

These changes to the way in which the CRO will manage late filings were placed into immediate effect this month as Judge Brennan presided over more than twenty cases of companies who were either late to file, or neglected to file their Annual Returns and Accounts. Prosecution notices were issued in early October to companies with a consistent history of late or not presented returns.

The CRO utilise a ranking system in order to identify those companies with the most consistent poor filing history. This system totals their fees owed over a period of time and upon another late or neglected annual return, those at the top of the table are selected for prosecution. Should these companies file on time, they are removed from the register altogether.

Fines issued during these proceedings ranged from €500 to €5000, including late fees, which I’m sure we can all agree is a very expensive mistake to make, which is easily rectified by ensuring that your returns and accounts are filed well in advance of the deadline each year.

With the CRO considering their next round of prosecutions, we would hate to see any of our Clients caught in the crosshairs due to an omission such as this.

Should you require any help or guidance on these or any other business and finance matters, please don’t hesitate to contact us here at EcovisDCA, where we are always happy to help.

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DCA PARTNERSDECLAN DOLAN & EAMONN GARVEY

CRO Getting Tougher On Non-Compliance

We have spoken in the past about the many ways in with Revenue are beginning to clamp down on tax issues in a massive way in recent months. With tax return deadlines having been extended the belief is now that there should be no excuse for late filing so there is set to be a massive tightening on deadline rules from this point on.

Recently the CRO (Companies Registration Office) have announced that they will begin prosecuting companies who have not filed or are late in filing their Annual Returns and Accounts. In previous years there was a certain level of profiling involved with selecting companies or directors for prosecution, the idea being that such severe punishment was not needed for first time offenders. It is thought that the same system will be in place on this occasion, with persistent defaulters being the first to be targeted and dealt with.

Any company summoned in this way is liable to face fines of up to €5000 plus costs. These fines will be in addition to any normal CRO late filing penalties. The CRO are also set to clamp down on companies requesting their own extension on filing in order to avoid prosecution.

This is a much tougher stance than the CRO have taken on these issues in the past. Far from being a campaign of ‘scare tactics’ however, this is a campaign meant to encourage persistent late filers to begin to file on time each year in order to avoid these unnecessary penalties and further heartache.

As always, our own advice remains to get all documentation in order throughout the year and ensure that your returns are filed on time, even avoiding utilising the extensions if possible so that you will be certain that everything is in order. It is critical to keep well organised files on everything throughout the year to avoid a last minute scramble before the deadline.

As always we are available for any advice or guidance you may require on business or finance matters.

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DCA PARTNERSDECLAN DOLAN & EAMONN GARVEY

If you Own It Then You Need to Put Your Name On It (All The Beneficial Owners)

As of the 15th of November 2016, all Irish business owners or part-owners are required to create and maintain a list of the beneficial owners of the aforementioned business. This new order is in accordance with Statutory Instrument 560 of 2016. The new rule applies to all Irish companies, partnerships and all business entities whether publically listed or not.

A beneficial owner is defined as being a person who currently holds more than 25% of a business either directly or indirectly. This is a legal term wherein specific property rights belong to a person even when legal title of the property belongs to another person. Therefore even if you are not publically an owner of the business, if you hold more than 25% you will be required to be listed on this new document, the register of beneficial owners for the company.

 

The register of beneficial owners for the company must include for all parties:

  • Full Name
  • Date of Birth
  • Nationality
  • Residential Address
  • Nature and extent of interest and involvement with the company
  • Date entered into or removed from the register.

 

This new requirement will naturally take some time to implement accordingly, and we would advise all companies to ensure that this register is kept fully up to date with leaving and entering dates etc. to ensure that no issues arise in the future as a result of incomplete information.

 

It is also advised that the company issue letters to all those viewed as beneficial owners to inform them of this new register and to request the required information. It is essential to have a record of all endeavours to identify all beneficial owners and should they still be impossible to identify, the names of the directors and CEO must be entered on the Register.

The CRO will create a central register by the middle of 2017 so it is essential that all beneficial owners are reported to them before this time.

It is heavily advised that this be put in place as soon as possible as failure to comply can result in a fine of up to €5,000 being applicable to your business.

 

Should you have any concerns, queries or require further information on these or any other business and financial matters please don’t hesitate to contact us we are always available to help.

 

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DCA PARTNERSDECLAN DOLAN & EAMONN GARVEY