Company Annual Return
The companies Acts state that a company must file an annual return at least once in each calendar year, whether the company is trading or not. The return must be delivered to the CRO no later than 28 days after its effective annual return date (ARD). The Annual Return Date is allocated by the Revenue and can be checked from their website via the Company Search Facility.
Where accounts are required to be attached to the return, the filing deadline is either the company’s ARD plus 28 days or the company’s financial year-end plus nine months and 28 days, whichever is the earlier. The accounts must begin from the period since the last set of accounts which were filed with the CRO and must be made up to date which is less than 9 months before the ARD ["The accounts are further required to be made up to date which is not earlier by more than nine months than the date to which the annual return is made up"]
The first annual return for a new company is due six months after incorporation and for the first annual return, the accounts do not need to be annexed. For the second annual return for a new company, the accounts need to be annexed and this return needs to be submitted no later than 19 months after incorporation.
If filing online, you have an extra 28 days from your Annual Return Date. You then also have to get the signature page, accounts and payment to the CRO within a further 28 days.
If an annual return is sent back, you have 14 days to return a corrected document. If this is not delivered within the time, the corrected documents will be treated as a new submission and there may be late filing penalties.
Late Returns and Penalties
Returns which are filed late will receive a considerable penalty and may also face.
- Loss of entitlement to claim audit exemption for two years.
- The company and/or its directors could be prosecuted.
- The company may be involuntarily struck off or dissolved.