RCT 35 Filing

Form RCT 35 2007 - Due date 15th February 2008

Principal Contractors and their agents are reminded that the filing date for the 2007 RCT 35 is 15 February 2008. As was the case last year, the form should be returned to:

Collector General’s Office,
PO Box 354,
Limerick.

Forms RCT 35 can be filed using the Revenue On-Line Service (ROS). Full details are available on www.revenue.ie or by email from roshelp@revenue.ie. Many contractors use ROS for their VAT and PAYE returns, but still file paper RCT returns. Please encourage them to use ROS.

Revenue’s compliance programmes (that identify and pursue non-filers) have been extended to include the Form RCT 35. The programme provides for the referral of RCT 35 non-filer offences for prosecution under Section 1078, Taxes Consolidation Act 1997. To avoid any risk of prosecution, the form should be completed correctly and returned on time.

Points to note in completing the Form RCT35

• The principal must sign the declaration.
• The declaration must include the gross payments made and tax deducted.
• Where there is a declaration, there must be a listing and vice versa.
• The entries on the form must be legible.
• Full information must be completed for each subcontractor. In particular, the full name and address of the contractor must be shown. The tax number or PPS number must be quoted where available. The date of birth should be quoted in the case of individuals. The RCT 47 card number should always be quoted where one was received.

Forms that are not completed correctly will be returned for correction, which may result in your missing the filing deadline. Furthermore, forms that are not fully or are inaccurately completed may give rise to unnecessary correspondence or audits.

RCT Payment Errors discovered while completing the Form RCT 35

In completing the return, principals or their advisors may find instances where a payment was made gross and RCT should have been deducted. This could happen where payments were made without a valid payments card, or in excess of the specified limit on the card.

Where such breaches of the regulations are discovered, the principal/advisor should regularise the position by disclosing the complete details to Revenue immediately. Subject to certain conditions, where the failure to deduct RCT is exceptional and it is rectified within 1 month of the filing deadline, Revenue will not seek to impose the tax, interest or tax-geared penalties. A fixed penalty will apply.

Full details were set out in e-Brief No.10/07.