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Business Regulation

Dáil Éireann Debate, Tuesday - 15 February 2022

Tuesday, 15 February 2022

Questions (201)

Louise O'Reilly

Question:

201. Deputy Louise O'Reilly asked the Tánaiste and Minister for Enterprise, Trade and Employment if he will help SMEs by streamlining the annual statutory reporting procedures for incorporated bodies given that the current situation mandates them to submit separate statutory reports containing exactly the same information to the Companies Registration Office, the Revenue Commissioners, the Register of Beneficial Ownership and the Charities Regulator; if the annual reports submitted by all incorporated bodies to the Companies Registration Office could be automatically shared with the other statutory bodies as required to minimise the administrative burden and costs for these businesses and to ensure consistency and accuracy of the information supplied across these statutory bodies; and if he will make a statement on the matter. [8399/22]

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Written answers

The reporting obligations to the entities referred to by the Deputy vary according to the type of incorporated body and the legislation relevant to each entity.

From a company law perspective, companies are required to file an annual return with the Companies Registration Office (CRO) comprising of a B1 annual return form and the financial statements, where applicable. In relation to the Register of Beneficial Ownership, an initial return is required providing details of beneficial ownership and any further return is dependent on subsequent changes to beneficial ownership details.

There are particular provisions in company law for small and/or micro companies in relation to audit exemption, the filing of abridged financial statements and the exemption from reporting on certain matters in the financial statements.

Requirements regarding the timing of reporting obligations to the various entities vary with, by way of example, the Revenue Commissioners operating a single tax deadline while the timing of the annual return to be filed with the CRO is in the main based on the date of original incorporation of the company. In addition, taxation is on a calendar year basis while a company’s financial statements are based on their own financial year which may or may not be a calendar year.

In the circumstances, it is not considered the case that an annual return filed with the CRO would necessarily meet the filing requirements of other entities. However, in relation to company law filing requirements, the CRO seeks to make the filing process as straightforward as possible. In this regard, the new CRO IT system that went live in December 2020 has streamlined the process for filing annual returns into a single 56 day period and has replaced the requirement for the filing of physical signature pages with an electronic filing alternative.

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