From 1 January 2010, mandatory eFiling will commence for “a company which at any time on or after 1 January 2010, is required under any provision of the Companies Acts to append audited accounts to its annual return”. This will require careful consideration of the application of the audit exemption threshold and whether the company is disqualified by the CRO from claiming the exemption.

SI No. 341 of 2008 gives effect to section 917EA TCA 1997 which provides that all taxes for which the ROS regime operates, must be paid and filed online. Therefore not only must the main Corporation Tax liability be paid and filed online, but all taxes for which the company is registered for with Revenue. Failure to pay and file electronically will result in a penalty of €1,520 per item.

Practitioners and taxpayers will need to take immediate action to ensure that businesses caught under the mandatory eFiling are ready to pay and file through ROS for the first return affected – the January 2010 P30.

Private sector companies handled through Large Cases Division and certain State agencies were obliged to pay and file electronically since 1 January 2009.

SI No. 341 of 2008 is reproduced below at 2.04.