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RBO Letter

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  • 13-10-2019 12:03pm
    #1
    lydialaois
    Registered Users Posts: 54 ✭✭


    Hello,

    I had a company in Ireland up to 2018 (now I have ask my accountant to end the company as I move to Spain at the end of 2018), since then I am operating in Spain, but this year I have already accomplish with my revenue duties for 2018.

    Well, the thing is that my accountant sent to me an email about a letter regarding registration with the RBO.

    Please note that this is a standard letter sent to all companies regarding new legislation.

    So my question is: If I a ending my company at the date of the end of 2018 why should I get register at the RBO?

    Beside, my accountant say that the revenue have asked for my postal address in Spain.

    Why should I give away my address if I am not even a resident en Ireland for more than one year?

    Sorry for all this questions but it is a little messy for me. Any help will be welcome.

    Thanks


Comments

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    #2
    barneystinson
    Registered Users Posts: 4,683 ✭✭✭barneystinson


    lydialaois wrote: »
    Hello,

    I had a company in Ireland up to 2018 (now I have ask my accountant to end the company as I move to Spain at the end of 2018), since then I am operating in Spain, but this year I have already accomplish with my revenue duties for 2018.

    Well, the thing is that my accountant sent to me an email about a letter regarding registration with the RBO.

    Please note that this is a standard letter sent to all companies regarding new legislation.

    So my question is: If I a ending my company at the date of the end of 2018 why should I get register at the RBO?

    Beside, my accountant say that the revenue have asked for my postal address in Spain.

    Why should I give away my address if I am not even a resident en Ireland for more than one year?

    Sorry for all this questions but it is a little messy for me. Any help will be welcome.

    Thanks

    I’m not sure what Revenue’s role in this process would be, as this a Company Law matter (as a result of EU Anti Money Laundering Directives), administered by the CRO (Companies Registration Office).

    I imagine you’re getting correspondence about it because your company still exists, or existed at whatever is the relevant date for compiling the register of beneficial ownership. Your accountant should have been easily able to explain all of this to you.

    Just to be clear, ceasing your company’s trading activity and its tax registration, is NOT the same as legally dissolving it / liquidating it.


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    #3
    lydialaois
    Registered Users Posts: 54 ✭✭lydialaois


    Thanks for your quick reply.
    My company still exists but without any activty so that is why I ask for end it now as there is no sense to live in Spain and keep a company in Ireland.

    What I want is to disolve the company not ceasing it, just to make it "dissapeard". Doing this still have to fill all the rbo requeriments?

    Thanks again.


  • Options
    #4
    silent_spark
    Registered Users Posts: 461 ✭✭silent_spark


    The RBO requirements really aren’t that onerous, just file the report until the company has been completely dissolved.


  • Options
    #5
    lydialaois
    Registered Users Posts: 54 ✭✭lydialaois


    Beside, the revenue has asked to my accountant in Ireland for my address in Spain.
    Do you know why the Revenue needs my address if I am not a resident in Ireland anymore ? am I obliged to give my postal address away?
    Thanks


  • Options
    #6
    Calahonda52
    Registered Users Posts: 12,223 ✭✭✭✭Calahonda52


    OP: have you read and complied with
    https://www.cro.ie/Termination-Restoration/Company/Voluntary-Strike-Off
    OR
    https://www.cro.ie/Termination-Restoration/Company/Winding-Up
    or any of the other options listed

    It's not as simple as you seem to think.
    Re the RBO, as long as the company is in existence then you are required..

    Re the revenue request for your address: as far as they are concerned your tax status for residency/domicile etc has not changed unless you explicitly told them.
    .
    Spain is not the BVI so you can't just hide

    “I can’t pay my staff or mortgage with instagram likes”.



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    #7
    lydialaois
    Registered Users Posts: 54 ✭✭lydialaois


    Calahonda52 wrote: »
    OP: have you read and complied with
    https://www.cro.ie/Termination-Restoration/Company/Voluntary-Strike-Off
    OR
    https://www.cro.ie/Termination-Restoration/Company/Winding-Up
    or any of the other options listed

    It's not as simple as you seem to think.
    Re the RBO, as long as the company is in existence then you are required..

    Re the revenue request for your address: as far as they are concerned your tax status for residency/domicile etc has not changed unless you explicitly told them.
    .
    Spain is not the BVI so you can't just hide

    Calahonda, (sounds very spanish by the way) : I am not hiding. It is not necessary. I am just looking for information to do things right. I already asked my accountant to end the company because now I am not in Ireland since the middle of 2018 and there is not sense to keep it and pay for it every year.

    I did not advert the Revenue in 2018 because I thought the accountant already did that for me, but looks like it was something I had to do myself. I have not idea :(


    All my accounts and tax returns are up to date, that doesn't worry me. I was just curious because if I am in the process of closing the company (it takes a while, I know), they still want my address in Spain and I do not know why, this all I wanted to make it clear because I like my privacy, not because I am hiding.

    By the way I have already ordered to complete the RBO documents so I do not want to be fined with 5.000€ or even more - this is mad- and looks like every one of us are under control.

    Thanks for your help. Very much appreciated as I am lately feeling untrained about irish things.


  • Options
    #8
    Calahonda52
    Registered Users Posts: 12,223 ✭✭✭✭Calahonda52


    In terms of cost, the only real fee is the 20 euro annual fee to CRO, if you do the work your self, which should be very little if the company is dormant and has assets less than the amounts specified.

    “I can’t pay my staff or mortgage with instagram likes”.



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    #9
    silent_spark
    Registered Users Posts: 461 ✭✭silent_spark


    lydialaois wrote: »
    By the way I have already ordered to complete the RBO documents so I do not want to be fined with 5.000€ or even more - this is mad- and looks like every one of us are under control..

    There is sound reasoning behind the RBO, I wouldn't consider trying to stamp out money laundering, terrorist financing and various other dodgy dealings as an attempt to control individuals. We could do with a bit more corporate transparency.


  • Options
    #10
    Ciaran
    Registered Users Posts: 909 ✭✭✭Ciaran


    lydialaois wrote: »
    All my accounts and tax returns are up to date, that doesn't worry me. I was just curious because if I am in the process of closing the company (it takes a while, I know), they still want my address in Spain and I do not know why, this all I wanted to make it clear because I like my privacy, not because I am hiding.

    It could be as simple as them wanting to send you your assessment for 2018 and not having an up to date address for you.


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