Note that from the commencement date of the Companies Act 2014 (1 June 2015), applications for an extension of time to file an annual return can be made through the District Court.
The costs of making an application to the District Court are far less than the High Court (which is currently the court prescribed).
The District Court will (on notice to the Registrar) hear applications for an extension of time to file the annual return and may make an Order extending the time to file.
Where a company files such an Order with the CRO within 28 days of the Order being made, and subsequently files the annual return within the extra time specified by the District Court, the documents will be deemed by the CRO to have been received on time.
As a result, the consequences of late filing (late filing penalties / loss of audit exemption) will not apply to that annual return.
Further information on this process will be posted on www.cro.ie in due course.
Consequently, from 1 June 2015 CRO will no longer be engaging in correspondence with companies appealing the application of penalties as a result of the late filing of an annual return. Instead, companies who need more time to file their annual return should make an application to the District Court in the district court area where their registered office is situated.
This will not apply to an annual return which has already been delivered to the CRO at 1 June 2015.
Dylan Byrne is Director in OSK. Contact OSK for all your accounting and tax queries on 01 439 4200.
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