From 1 January 2010, mandatory eFiling commenced for a company which is required under any provision of the Companies Acts to append audited accounts to its annual return. This requires careful consideration of the audit exemption threshold and whether the company is disqualified by the CRO from claiming the exemption.

Members raised concern over the scope of mandatory eFiling and the application of the audit exemption conditions. Chartered Accountants Ireland sought clarification from Revenue on two main concerns raised by members:

1. Whether mandatory eFiling applies to companies who fully satisfy all conditions to avail of audit exemption, but by choice, file audited accounts together with their annual return.
2. The scope of mandatory eFiling for foreign companies with an Irish branch.

Revenue clarified that mandatory eFiling will only apply to those companies who are required under the provisions of the Companies Act to file audited accounts. Mandatory eFiling will not apply to companies that fully satisfy all the audit exemption conditions, but by choice file audited accounts with their annual return. The intention of the eFiling Regulations is to ensure “large” companies file all their returns electronically.

Revenue confirmed that letters issued to foreign companies, which are within the scope of the Electronic Filing regulations, confirming the returns which must be filed via Revenue Online Service from 1 January 2010.

Members should consult their Chartered Accountants Ireland resources on the Audit Exemption rules on Chariot when deciding if these new Regulations apply.

The materials on the website of the Companies Registration Office are also helpful in this regard and can be accessed at http://www.cro.ie/

SI No. 341 of 2008 which gives effect to section 917EA TCA 1997 and provides that all taxes for which the Revenue Online Service (ROS) regime operates, must be paid and filed online is available at http://www.irishstatutebook.ie/2008/en/si/0341.html