Advice On Tax Return and Self Assessment 2014

BURROW5

Hello,

Myself and a colleague set up a company in Ireland with the intention of doing business there, at the time we were both residents in the United Kingdom.

It never took off and the business has never traded (a bank account wasn't set up for the company).

The company has been struck off now however it has left me with personal implications in Ireland, namely tax return and self assessments. I'm assuming as part of the incorporation, I have been enrolled for income tax in the country.

I have a limited company here in the UK and we simply sign up for a gateway account with the inland revenue and enroll in the services we need (corp tax, self assessment, VAT etc).

We had an agent who was dealing with all of this for us who is no longer acting on our behalf (I don't believe they ever filed anything for me); I now have Form 11S on my desk asking for the completion and return of it for the year 2014 (the company was formed approx July 2013).

Because the company hasn't traded there is nothing to pay but I have some questions that hopefully someone can help me with:

1) I assume I HAVE to complete and return Form 11S? I can't simply ignore it? I think that would be rather naive of me to do so

2) What should I do now? I know I am late for filing, should I complete the form and enter zero on the payslip and send it back to revenue.ie?

3) The form itself is asking for all of my personal details; is this really necessary? It's even asking for my wife's details (I can only assume this is because it's assuming I live in Ireland which I don't)

4) I've enrolled for ROS (that was approx 2 weeks ago and I still haven't received a RAN, I have however sent an email this morning asking if the RAN is on it's way, I read it can take two to three weeks to get ROS set up)

5) How do I de-register for self assessment in Ireland? I don't want to have to do this year after year.

Thanks for any help, it's greatly appreciated.

Andrew

BURROW5

BURROW5 wrote: »

I've enrolled for ROS (that was approx 2 weeks ago and I still haven't received a RAN, I have however sent an email this morning asking if the RAN is on it's way, I read it can take two to three weeks to get ROS set up)

Update: I've received an email this morning advising the address they had on file was incorrect therefore the RAN was sent somewhere else. I've asked them to update this information so that I can at least get ROS set up.

barneystinson

BURROW5 wrote: »

Update: I've received an email this morning advising the address they had on file was incorrect therefore the RAN was sent somewhere else. I've asked them to update this information so that I can at least get ROS set up.

If the company never traded, then you weren't & aren't a chargeable person. If you set out the circumstances to Revenue in a letter they should deregister you.

BURROW5

Hi Barney,

Thanks for the reply.

Having looked at the contact details on the revenue.ie website I see they have an email address of cgcustserv at revenue.ie

Would it be sufficient enough to email this "general enquires" department and have them review my case?

Thanks,
Andrew

barneystinson

BURROW5 wrote: »

Hi Barney,

Thanks for the reply.

Having looked at the contact details on the revenue.ie website I see they have an email address of cgcustserv at revenue.ie

Would it be sufficient enough to email this "general enquires" department and have them review my case?

Thanks,
Andrew

No. There is a contact locator on the website and if you enter your PPS number into it you'll be given the contact details of the relevant district office.

There's a tax briefing or operating manual that specifically excludes proprietary directors of genuinely dormant companies from the requirement to file returns where the requirement to file is simply by virtue of that directorship... I'll find & link it later.

BURROW5

Okay thanks Barney, really appreciated.

Andrew

barneystinson

BURROW5 wrote: »

Okay thanks Barney, really appreciated.

Andrew

This is from Revenue's tax & duty manual:
http://www.revenue.ie/en/about/foi/s16/income-tax-capital-gains-tax-corporation-tax/part-47/47-06-03.pdf

Look at Para. 3 of the Statement of Practice (3rd page of the PDF), although it dates from 1993 it remains in place.

BURROW5

As that's the case, that would make me a proprietary director of the company. My colleague had less than 15% of the ordinary share capital so it makes sense that they are not asking him for a return. His obligations to the company are nill whereas mine are not.

As this is the case, do you feel I still have grounds to send a letter to the relevant district office asking them to remove me from a yearly tax return and self assessment? Baring in mind the company was struck off, am I to expect any repercussions from this?

Do I need to complete the late 2014 tax return and self assessment or send a letter only?

I had an email from the office yesterday (having updated my address from the agents address they had on file - who is no longer acting on my behalf). ROS has a few steps to get it set up, so the lady processed the first part for me to speed things up so I should get that via snail mail shortly. I could then quickly and conveniently complete the tax return and self assessment online.

barneystinson

BURROW5 wrote: »

As that's the case, that would make me a proprietary director of the company. My colleague had less than 15% of the ordinary share capital so it makes sense that they are not asking him for a return. His obligations to the company are nill whereas mine are not.

As this is the case, do you feel I still have grounds to send a letter to the relevant district office asking them to remove me from a yearly tax return and self assessment? Baring in mind the company was struck off, am I to expect any repercussions from this?

Do I need to complete the late 2014 tax return and self assessment or send a letter only?

I had an email from the office yesterday (having updated my address from the agents address they had on file - who is no longer acting on my behalf). ROS has a few steps to get it set up, so the lady processed the first part for me to speed things up so I should get that via snail mail shortly. I could then quickly and conveniently complete the tax return and self assessment online.

I think you've missed the gist of the bit I was directing you towards - it specifically relieves proprietary directors of companies that have no assets and never traded, from the obligation to file a return.

BURROW5

Ah yes I see now, my mistake.

"The 1992 Act excludes certain types of directors from the new provisions, for
example, directors of shelf companies, directors of ** genuinely dormant **
companies and others who take up temporary directorships in the period prior to
a company commencing activity."

*So in regards to writing a letter to the district office to have myself removed from the system, how exactly should I word my letter to them?

My colleague was in the process of correctly closing the company down, but for some reason, in the meantime it was struck off. Is the office privy to this information already? If they are, they will already know this has happened, therefore it doesn't matter if in my explanation I tell them.

Whilst making contact with them, are there any likely repercussions of the company being struck off?

Or can I simply say, the company is now closed and due to it never having traded, please can you remove me from the tax return and self assessments obligations...