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TonyTax
TonyTax, Tax Consultant
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Hi Tony, I have just read your comment about a couple moving

Resolved Question:

Hi Tony,
I have just read your comment about a couple moving to Australia. I moved to the UK from Ireland and set up a company in UK as a UK Establishment but with the same business name as Ireland's which was set up 3 years ago. All my income for the company comes from UK . UK asks that the accounts be filed at the same year end as the parent company in Ireland even though I registered the company in May 2013 in UK and the year end in Ireland is September. HMRC is requesting for corporation tax returns at the dates I registered the company in the UK and treats the company as in its first year with a year end of May. This appears conflicting. Companies House want the account for Sept and HMRC wants the Corporation Tax Returns with a May year end.
Please confirm this situation, one of them must be wrong.
Do I pay Corporation tax in UK or do I pay in Ireland?
If I pay tax in UK, do I still get taxed in Ireland?
Thanks
Will expect you kind response
Submitted: 3 years ago.
Category: Tax
Expert:  TonyTax replied 3 years ago.
Hi.

Does the company in Ireland own the shares in the UK company? Who owns the shares in the Irish company? What was the exact date of incorporation of the UK company?
Customer: replied 3 years ago.

The shares in the Ireland company are owned by me. The company in Ireland does not own shares in the UK company.


Unlike usual companies in the UK with a date of incorporation, the Companies house just says 'date of registration'. When I spoke to the companies house UK, they said that the date of registration will not affect the date of filing accounts as in Ireland which is September and so the Company number starts with BR and that after filing the accounts in the UK I must file the same in Ireland.


Date of registration is 01 May 2013

Expert:  TonyTax replied 3 years ago.
Thanks.

I cannot help you with the Irish tax situation and I'm not a company law expert so I will opt out.

The date HMRC is asking for your CT returns is correct. You can see the key dates you need to adhere to here. I cannot see how the Irish company is the parent company of the UK company since it doesn't own the UK company.

Another expert here may be able to throw some light on the Companies House request.
Customer: replied 3 years ago.

Thank you Tony.


Can I just confirm that tax will be paid on the income earned in the UK only.


 


 

Expert:  TonyTax replied 3 years ago.

As far as I'm concerned, the UK registered company will only pay corporation tax in the UK as it is controlled from the UK by you and I'm assuming you are tax resident in the UK.

 

You ought to ask Companies House why they want accounts for a September year end and why they are connecting the UK company to the Irish company.

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