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FAQ - Taxing Business

What to do when starting a business1. Registering for Tax

How do I register for Tax?

You should advise the tax office when you start in business. You can do this by filling in one of the following form:

This form can be used to register for any or all of the following:

  • Income Tax
  • Employer’s PAYE/PRSI
  • Value Added Tax
  • Relevant Contracts Tax

If you are setting up a company you should fill in the following form:

This form can be used to register for any or all of the following:

  • Corporation Tax
  • Employer’s PAYE/PRSI
  • Value Added Tax
  • Relevant Contracts Tax

Shortly after registration you may receive a visit or you may request a visit from a Revenue official to assist you in operating the tax system.

Any difficulties or queries will be dealt with and general assistance will be given to help you comply with your tax obligations. You can request a "New Business Visit" from your local Revenue.

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2. Income Tax

When must I make my Tax Return?

Pay and File was introduced in 2002 and brings major advantages and simplifications to the income tax system and streamlines filing and payment obligations for customers and their agents.

The main features in 2005 for self-assessment customers are;

31 October 2005

  • Return filing date for your 2004 tax return
  • Payment date for the following:
    - Preliminary Tax (Income Tax) for 2005
    - Balance of tax for 2004
    - Capital Gains Tax for the initial period 2004 (1 January 2005 - 30 September 2005)

17 November 2005

  • Tax Return and payment date for ROS customers

Download Pay and File Guide (PDF 373MB)

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3. Taxable Profits
  • What expenses can I claim for?
  • What expenses can’t I claim for?
  • What about expenses which are partly for business and partly private?

What expenses can I claim for?

You can claim for any business expenses which you have incurred in order to earn your profits. These expenses are normally referred to as revenue expenditure.

Revenue expenditure is your day to day running costs and covers such items as:

  • Purchase of goods for resale
  • Wages, rent, rates, repairs, lighting and heating etc.
  • Running costs of vehicles or machinery used in the business
  • Accountancy fees
  • Interest paid on any monies borrowed to finance business expenses/items
  • Lease payments on vehicles or machinery used in the business

If you are registered for VAT the expenses you claim should be exclusive of VAT.

What expenses can’t I claim for?

The general rule is that you cannot claim for any private expenses i.e.

  • Any expense, not wholly and exclusively paid for the purposes of the trade or profession
  • Any private or domestic expenditure e.g. your own wages, food, clothing (except protective clothing), income tax etc.
  • Business entertainment expenditure i.e. the provision of accommodation, food, drink or any other form of hospitality.

You cannot deduct capital expenditure in calculating your taxable profits, however you can claim what are known as capital allowances on certain expenditure.

What about expenses which are partly for business and partly private?

Where expenditure relates to both business and private use, only that part which relates to your business will be allowed. Examples of such expenditure are rent, electricity, telephone charges etc., where the premises involved is used partly for business and partly for private purposes. These expenses will need to be apportioned to exclude the private use.

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4. Basis of Tax Assessments
  • What income will be included in my assessment?
  • What accounting date should I use?

What income will be included in my assessment?

Your assessment to tax for any year is normally based on your actual income earned in the tax year i.e. from 1 January to the following 31 December.

If your income consists of profits from a trade, profession or vocation, and your annual accounts are normally made up to a date other than 31 December your assessment will be based on the profits of your accounting year which ends in the tax year.

What accounting date should I use?

It is up to you to decide the date to which you prepare your accounts.
You can prepare your accounts from the date your business started to:

  • The following 31 December (i.e. the end of the tax year) or
  • The date which is 12 months after the date on which you started or
  • Some other date appropriate to your business.

Most businesses work out their profits once a year, usually to the same date each year, and this is called your accounting year.

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5. Taxation of Companies
  • How is a Company Taxed?
  • What is the rate of Corporation Tax?
  • How do I decide whether to trade as a Sole Trader or as a Company?

How is a Company Taxed?

Companies pay Corporation Tax. This tax is charged on the company’s profits which include both income and chargeable gains. A company’s income for tax purposes is calculated in accordance with Income Tax rules. Chargeable gains are calculated in accordance with Capital Gains Tax rules.

What is the rate of Corporation Tax?

There are three rates of Corporation Tax:

Rates effective from 1 January 2002

- 12.5% for trading income

- 25% for non-trading income

- 12.5% for small and medium-sized enterprises where the trading income does not exceed €253,948 (provision for marginal relief where income does not exceed €317,435).

The rate for Manufacturing, IFSC and Shannon companies remains at 10%.

How do I decide whether to trade as a Sole Trader or as a Company?

Your own individual circumstances will dictate whether you should operate as a limited company or as a sole trader. In addition to the taxation issues you need to consider there are various other practical and legal matters which should be taken into account when setting up a company and on which you should seek professional advice.

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6. Value Added Tax (VAT)
  • Who must register for VAT?
  • How do I register for VAT?
  • What rate is VAT charged at?

Who must register for VAT?

You must register for VAT if you are a taxable person and your annual turnover (i.e. the amount of your receipts excluding VAT) exceeds or is likely to exceed the following annual limits

  • €51,000 in respect of the supply of goods
  • €25,500 in respect of the supply of services

You may also be obliged to register for VAT if you receive taxable services from abroad or if you are a foreign trader doing business in the State.

If you are involved in buying or selling goods within the EU you will need more detailed information and should refer to the comprehensive Guide to Value Added Tax which is available from any Revenue office.

How do I register for VAT?

To register for VAT you must fill in one of the following forms:

  • Registration Form TR1 if an individual or partnership (download in PDF format);
  • TR2 if trading as a company (download in PDF format).

These forms can be obtained by telephoning the Revenue Forms & Leaflets Service at 1890 30 67 06 or from any Revenue office.

What rate is VAT charged at?

  • The standard rate of VAT is 21%:
    This applies to all goods and services that are not exempt or liable at the zero or reduced rates

  • Reduced rate of VAT - 13.5%:
    This applies to certain fuels, buildings and building services, certain newspapers etc.

  • Reduced rate of VAT - 4.8%:
    This applies to livestock, live greyhounds and the hire of horses.

  • Zero-rated goods and services:
    These include exports, certain food and drink, oral medicine, certain books etc.

  • Exempted goods and services:
    These include financial, medical and educational activities.

If you need further information on the rate at which VAT is charged on goods or services please contact your Revenue office.

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7. Employer’s PAYE/PRSI
  • Must I register as an employer for PAYE/PRSI if I employ staff?
  • How do I register for PAYE/PRSI?

Must I register as an employer for PAYE/PRSI if I employ staff?

YES. You must register for PAYE/PRSI if you pay:

  • €8.00 per week (€36.00 a month) or more, to an employee who has only one employment
  • €2.00 per week (€9.00 a month) or more, to an employee who has more than one employment.

A company must register as an employer and operate PAYE/PRSI on the pay of directors even if there are no other employees.

How do I register for PAYE/PRSI?

  • To register for PAYE/PRSI you must fill in one of the following forms:
  • PREM Reg - Employer (PAYE/PRSI) Tax Registration Form
  • Registration Form TR1 if an individual or partnership (download in PDF format);
  • TR2 if trading as a company (download in PDF format).

These forms can be obtained telephoning the Revenue Forms & Leaflets Service at 1890 30 67 06 or from any Revenue office. These forms can also be used to register for VAT. When you fill in the form and return it to the Revenue office, you will receive confirmation of your registration as an employer, a registered number for PAYE purposes and detailed information regarding the operation of PAYE/PRSI.

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8. P35 Declarations

Click here for frequently asked questions on the P35.

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9. Paying Your Tax and Keeping Things Simple
  • What Tax can I pay by Direct Debit?
  • How does Direct Debit work?
  • What are the advantages of paying my tax by Direct Debit?

What Tax can I pay by Direct Debit?

You can pay your Preliminary Tax (Income Tax), VAT, or Employers PAYE/PRSI by way of Direct Debit.

How does Direct Debit work?

To avail of Direct Debit you must complete and sign a mandate which allows for agreed monthly deduction(s) from your bank account, for credit to your tax account(s). You remain in total control of the monthly amount(s) you have agreed to pay and the figure can be amended at any time by completing a fresh mandate form.

What are the advantages of paying my tax by Direct Debit?

Preliminary Tax (Income Tax)
By paying your Preliminary Tax by Direct Debit you can spread the payment over the calendar year for which the tax is due. This is particularly suitable if you find it difficult to make one lump sum payment in October.

Employer’s PAYE/PRSI and VAT
You will only have to fill in one annual return as follows:

  • For PAYE/PRSI you will only need to fill in the P35 at the end of the year and you will not have to fill in Forms P30 on a monthly basis
  • For VAT you will only need to fill in one annual VAT3 form at the end of the year and you will not have to fill in VAT3s on a bi-monthly basis.

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10. Keeping Books and Records
  • Am I obliged to keep records for tax purposes?
  • How long must I keep records?

Am I obliged to keep records for tax purposes?

YES. You must keep full and accurate records of your business from the start. You need to do this whether you send in a simple summary of your profit/loss, prepare the accounts yourself, or, have an accountant do it. It is important for you to remember that the figures which are contained in your accounts, or your summary of profits/losses, or your tax returns, must be correct. The records you keep must be sufficient to enable you to make a proper return of income for tax purposes.

You should bear in mind that you may need to keep accounts for reasons unconnected with tax. For example, your bank may want to see your accounts when considering an application for a business loan.

How long must I keep records?

You must keep your records for a period of six years unless your Inspector advises you otherwise.

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11. Revenue Audit
  • What is a Revenue Audit?
  • How are taxpayers selected for audit?
  • What form will the audit take?

What is a Revenue Audit?

A Revenue audit is a cross-check of the information and figures shown by you in your tax returns against those shown in your business records.

Revenue audit covers the following types of tax returns:

  • Income Tax, Corporation Tax or Capital Gains Tax returns and/or
  • The returns submitted in respect of VAT, PAYE/PRSI or Relevant Contracts Tax (RCT).

How are taxpayers selected for audit?

Revenue use three methods of selection. These are:

  • Screening tax returns:
    The vast majority of audit cases are selected in this way. Screening involves examining the returns made by a variety of taxpayers and reviewing their tax compliance history. The figures are then analysed in the light of trends and patterns in the particular business or profession and evaluated against other available information.

  • Projects on business sectors:
    From time to time, projects are conducted to examine tax compliance levels in particular trades or professions. The returns for a large number of taxpayers in a particular sector are screened in detail and a proportion of these are selected for audit.

  • Random selection:
    This is in addition to the first two methods. It means that all taxpayers have a possibility of being audited. Each year, a small proportion of audit cases is selected using this method.

What form will the audit take?

Typically, an audit involves a series of steps, as follows:

  • On arrival, the auditor identifies himself or herself to you and explains the purpose of the audit. An indication of the length of time he or she expects to spend on your premises is also given.

  • You are given an opportunity to disclose to the auditor any inaccuracies in your tax return

  • The auditor will examine your books and records to verify that the figures have been correctly calculated and that the tax returns and/or declarations for the different taxes are correct

  • If the auditor finds the returns to be largely correct as is often the case, you will be told so as soon as this becomes clear

  • If the auditor finds that adjustments are required, he or she will quantify the adjustments and the additional tax. The details of how the additional tax arises will be discussed with you and you will also be notified in writing

  • At the final interview, the auditor will ask for your agreement to the total settlement figure

  • Once agreed, the full amount should be paid to the auditor who will issue you with a receipt.

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12. Freedom of Information

Click here for Frequently Asked Questions on Freedom of Information.

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Testimonials

"I run my own business and after years of struggling with a demanding home life and a hectic work schedule I reached a situation whereby I was functioning poorly with both. I’d missed a couple of VAT payments and had intended to catch up at the end of the year. I missed my own deadlines and tried again to catch-up in the following year. Business became a stressful job of ‘fire-fighting’ each day’s demands, eventually pushing the issue of outstanding taxes out of my mind as much as possible, in order to concentrate on work.

That said, you always know in the back of your mind that these things don’t just go away and that it was just a matter of time before ‘they’ catch up with you. 

After a few years of letting my compliance payments slide altogether, the Revenue made contact with me and gave me an estimate of all PAYE, VAT and tax owed over the years – which ran to over 6 figures- and they wanted the money immediately. I knew I was in big trouble and looked in the Golden pages for an accountant who could help me. The name www.fixmytax.com jumped out of the page and I made contact. I was immediately reassured that they could help me. I was asked for “every bit of paper” concerning the office and all old Revenue correspondence.

The first thing fixmytax.com was to do was make contact with the Revenue on my behalf and assure them that they were handling the situation and that the liabilities were being established, even though it would take time. That took the immediate ‘knock-at-the-door’ shock and worry out of the situation. The coming weeks were spent only dealing with fixmytax, (not the Revenue) answering the odd question by phone and filling in more information for the accountant. Even though this was routine information, I was quite reassured by the fact that they were working on the whole Revenue mess and actually sorting through it for me. This took the panic and stress out of the situation and enabled me to concentrate on work. After a few weeks, accounts and figures had been prepared, which I went over with the accountant.

The accountant had dealt with the Revenue directly on my behalf and he saved over 60% off the original tax bill.

Throughout the process, the fixmytax accountant was hugely supportive to me, dealt directly with the Revenue, reduced the original tax bill considerably and most importantly, had taken the fear out of the situation and given me peace of mind knowing that good progress was being made with the Revenue, rather than hiding from it all.

The cost? Approximately 7% of the money SAVED on the original tax bill!

My Revenue mess caused me huge amounts of anxiety all the time I did nothing to resolve it. In dealing with fixmytax, they took control of the situation and proceeded to do what had to be done. I would not hesitate to recommend them to anyone worried about any aspect of taxation and financial planning for a business.

I now have a good relationship with the Revenue, fixmytax looks after not only the basics of compliance, but also the financial planning and regularly reviews the performance of the business. My business is now stronger and more focussed that ever before simply because of the level of ongoing collaboration and support that I have with fixmytax. They are the proverbial “good accountant” that every business needs.

My most valuable lesson in dealing with fixmytax is that it is far more productive and far less stressful to get a good supportive accountant to do what they do best, leaving me free to do business. Thanks, Patrick!

Satisfied Client, name and address with firm. 

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