Zero Hours Contracts and Banded Hours

The Employment (Miscellaneous Provisions) Act 2018 which was passed into law on March 4, 2019 will bring about real changes for Irish employers and employees. This Act deals with written statements, offences, zero hours and banded hours particularly for industries ( including retail, hospitality and tourism) which relied on flexibility with employees on working hours and seasonal activity. It does not apply to employment of continuous service of less than one month. Written Statement The employer shall give a written statement within 5 days of an employee starting employment of: a) the full name of employer […]

Beneficial Ownership Regulations 2019 (BOR)

Beneficial Ownership

The 2016 Regulations came into force on 15 November 2016 and have now been revoked and replaced by the European Union (Anti-Money Laundering: Beneficial Ownership of Corporate Entities) Regulations 2019 which were passed on 22 March 2019. Key Features of the Beneficial Ownership Regulations Corporate or other legal entities incorporated in the State shall obtain and hold adequate, accurate and current information in respect of its beneficial owners and the nature and extent of the control exercised by them. A Central Register of beneficial ownership shall be established and corporate or other legal entities incorporated in […]

Dividend Withholding Tax Exemption

Dividend Withholding Tax Exemption

Where an Irish resident company pays a dividend, it should consider any Dividend Withholding Tax (DWT) implications which may arise. The basic principle is that DWT must be deducted at the time the distribution is being made unless the company has satisfied itself that the recipient is a non-liable person and is entitled to receive the distribution without deduction of DWT. Companies must withhold DWT at the standard rate of tax for the year in which the distribution is made, currently 20%. It must be paid to the Revenue Commissioners by the 14th of the month […]

Outstanding VAT RTD Causes Cash Flow Problems

Regulation 24(1) of the Value-Added Tax Regulations 2010 requires all VAT registered traders to submit a VAT Return of Trading Details (RTD) on an annual basis following the end of the respective accounting period. The RTD is a statistical form which provides a summary of supplies of goods and services, imports and purchases giving rise to deductible input VAT at the various VAT rates. The return includes all Irish, intra-EU and non-EU trade carried out by the Irish business. The VAT exclusive value of the supply of goods and services should be included. All turnover including turnover at […]

EORI Number for Importing and Exporting Goods

An EORI number is an Economic Operator Registration and Identification number. The EORI system was introduced on July 1, 2009 to replace the Traders Union Reference Number System which previously identified traders for customs declarations when importing or exporting cargo. It was established to implement the security measures introduced by Regulation (EEC) No 2913/92, as amended by Regulation (EC) No 648/2005 of the European Parliament and of the Council. It is also used for statistical purposes. If a business interacts with the customs authorities in any European Union (EU) country or trades with a non-European Union (EU) country it will need an EORI number. If you are moving goods within the […]

BREXIT: VAT Implications for Irish and UK businesses under a no deal scenario

If the UK does not agree to a formal withdrawal agreement by 29 March 2019 then its status under EU law would change from that of an EU Member State of the European Union to that of a third country. The consequences of this change would result in the UK being outside the Single Market and Customs Union and have no trade or cooperation agreements in place with the EU. There would be no transition period in which businesses can complete the necessary changes to accounting systems, compliance reporting and provide for the associated costs in […]

UK directors in Irish companies – No deal Brexit

The Companies Registration Office has advised that if the UK leaves the European Union without any deal in place on 29 March 2019, Irish companies which have only UK resident directors will be required to comply with Section 137 Companies Act 2014 to have an EEA-resident director. S137 BOND However, the requirement to have at least one EEA resident director from a Member State does not apply to any company which holds a bond, in the prescribed form, in force to the value of €25,000 and which provides that in the event of a failure by […]

Implementation of Branch Returns Filing with the CRO

On 9th June 2018, the type of external companies obliged to register with the CRO was broadened with the commencement of Section 80 of the Companies Accounting Act 2017. Previous to this, external companies with unlimited liability with a branch in Ireland were not required to register with the CRO. The Companies Accounting Act 2017 has now introduced the requirement that both EEA and non-EEA external, unlimited liability undertakings, which are a subsidiary of a limited liability company are to register with the CRO once they have a branch in Ireland. ALL branches registered with the […]

Universal Laws

If anything can go wrong, it will. Murphy’s Law If you play with anything long enough it will break. Murphy’s Law Is something is adjustable, sooner or later it will need adjusting. Max Frisch Anything you buy will be in the sale next week. Erma Bombeck If it’s good, they’ll stop making it. Herbert Block 90 per cent of anything is crap. Theodore Sturgeon When it comes to foreign food, the less authentic the better. Gerald Nachman When ripping an article from a newspaper, the tear is always into and never away from the required article. […]

How to Avoid Disciplinary Disasters and Grievance Catastrophes

HOW TO AVOID DISCIPLINARY DISASTERS AND GRIEVANCE CATASTROPHES

The Institute of Chartered Accountants in Ireland recently published advice on employee employment issues. Despite employers often times having sufficient grounds for dismissal, they invariably lose unfair dismissal cases because fair procedures and the rules of natural justice were not adhered to but there are procedures you can follow do to avoid this. It’s unfortunate when an unfair dismissal case is lost because advice from experienced professionals was not obtained before the dismissal procedure was put in place or, in a worst-case scenario, before the dismissal took effect. This is most often the case when it […]

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