Date for your diary - P35 Deadline 15th February 2013

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

Interest on P35 Balances

When a balancing payment is submitted with the P35 return and 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 return and 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 during the year make sure this is covering the overall liability otherwise you will be liable to interest as per above.

Prosecutions/Penalties

As an employer 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 you fail 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 I am registered – Do I have to do anything?

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

P60’s

As well as submitting the P35 form it’s important 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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