Date for your diary - P35 Deadline 15th February 2013


The P35 2012 Deadline is the 15th February2013. The extended date for ROS customers who pay and file is the 23rd February 2013.

Interest on P35 Balances

When a balancing payment is submitted with the P35 returnand it exceeds 10% of the PAYE (and Universal Social Charge)/PRSI liability due for the year, interest is chargeable on the balance from 31st July 2012.

When a balancing payment is submitted with the P35 returnand it does not exceed 10% of the PAYE (and Universal Social Charge)/PRSI liability due for the year, interest is chargeable on the balance from 14th January 2013.

So, if you are paying Paye/Prsi by direct debit duringthe year make sure this is covering the overall liability otherwise you will be liable to interest as per above.

Prosecutions/Penalties

As anemployer you may face criminal proceedings for the non-submission of a P35 return. On conviction, you will be liable to a fine of up to a maximum of €5,000 or to a term of imprisonment, or both, at the discretion of the judge.

If youfail to submit a complete P35 return by the 15th February deadline you will be liable to a penalty up to a maximum of €4,000 and you also risk a possible revenue audit.

Furthermore,if you do not submit a complete P35 return on time it may cause your employees unnecessary difficulty and delay when claiming social welfare benefits.

I have no employees but Iam registered – Do I have to do anything?

If you had no employees inthe period you still need to file a nil return.

P60’s

As well as submitting the P35 form it’simportant to note that as an employer you need to provide a P60 certificate to all staff who were in your employment on 31 December 2012. Anyone who left before this date does not need a P60 from you.

Contact William McCarthy from OSK's Outsourced Payroll department for further information.

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