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Who knows anything about Company Law?

  • 29-01-2010 07:00PM
    #1
    O'Coonassa
    Closed Accounts Posts: 1,318 ✭✭✭


    Hi there,

    I have what should be an easy enough question to answer for anybody versed in company law if anybody out there could be so kind.

    Can a UK registered company operate out of offices in Ireland without registering as a separate entity with the CRO and without paying tax in Ireland? I have recently had dealings with just such a company and the possibility strikes me that they are not all above board. They have registered as two separate entities in the UK one of which has the word Ireland appended to their company name. They are therefore providing and charging for services in Ireland without the Irish exchequer seeing a penny of revenue from them. Basically I am asking, is this legal?

    Thanks for your time.

    O'C


Comments

  • #2
    r14
    Closed Accounts Posts: 205 ✭✭r14


    It's not a question of Company Law but of EU Law.

    Art 56 of the Treaty on the Functionning of the European Union prohibits any restriction being placed on companies (or individuals) established in one Member State to prevent them offering services in another.

    Think about it - if it was illegal how would Ireland be getting away with attracting British companies over the the IFSC and offering the a 12.5% tax rate, allowing them to provide and charge for services in Britain without the British exchequer seeing a penny of revenue from them.


  • #3
    O'Coonassa
    Closed Accounts Posts: 1,318 ✭✭✭O'Coonassa


    Hey thanks for the reply, I'm gobsmacked tbh, there's so much room for a company registered in one country but trading in another to scam the exchequer in the country of origin. I don't see how they can be audited at all properly. That said I'm now off to register a company in Poland :D


  • #4
    Tester46
    Registered Users, Registered Users 2 Posts: 557 ✭✭✭Tester46


    O'Coonassa wrote: »
    Hi there,

    I have what should be an easy enough question to answer for anybody versed in company law if anybody out there could be so kind.

    Can a UK registered company operate out of offices in Ireland without registering as a separate entity with the CRO and without paying tax in Ireland? I have recently had dealings with just such a company and the possibility strikes me that they are not all above board. They have registered as two separate entities in the UK one of which has the word Ireland appended to their company name. They are therefore providing and charging for services in Ireland without the Irish exchequer seeing a penny of revenue from them. Basically I am asking, is this legal?

    Thanks for your time.

    O'C

    1. Can a UK registered company operate out of offices in Ireland without registering as a separate entity with the CRO
    Answer: Yes

    2. and without paying tax in Ireland?
    Answer: That's a tax law issue, not a company law issue and that all depends on the circumstances. There are very long, very detailed, very boring double taxation treaties between Ireland (and the UK) and a whole host of countries.


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