legal services to people
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Email: info@mmcloughlinsolicitors.com
Phone: +353 71 9134513
Mobile: +353 87 6674534
GDPR Your Obligations
The New Year is a good time to review how you are getting on with your General Data Protection Regulation obligations and compliance.
Wishing you a Happy Christmas
As we come to what for many has been a very difficult period I would like to take the opportunity to wish you all a safe and peaceful Christmas.
Parental Leave Current Entitlement
The amount of parental leave that an employee can take has been increased from 1 September 2020. This is in additional to the extra leave granted in September 2019.
Local Property Tax Payment 2020
For those who pay the LPT Local Property Tax in Ireland by Annual Debit Authority the payment is due 21 July.
Training feedback
It is always appreciated when you go to the trouble to provide me with feedback on my training workshops and seminars.
Return to Work Safely Protocol. Health and safety compliance FREE TEMPLATES
As businesses make plans to comply with the new protocol the Health and Safety Authority continue to provide guidance and FREE TEMPLATES. Further guidance now issued 26.6.2020 from Enterprise Ireland.
Questions on direct marketing or cookies
If you have started or increased doing direct marketing you ma.y have some questions on the rules you need to comply with.
Return to Work Safely Protocol and health and safety compliance
A mandatory protocol has been issued that must be followed by all businesses in Ireland. Health and safety obligations should be the forefront for everyone at this time.
It is time to get your cookies compliant in Ireland
Is your cookie banner, popup or slider compliant? In Ireland you have until 5 October 2020 to get compliant for your website or app or internet of things device. After this date the regulator may take enforcement action.
COVID19 Supports
There are a number of business supports being rolled out to support business at this time.
Are your terms and conditions for selling online in compliance with consumer law?
Have you checked if your business must comply with the protection rights given to consumers or is your business subject to other rules? Do you provide the minimum information that you have to give a customer before they agree to pay for your product?
2020 Irish gift and inheritance. Capital Acquisition Tax (CAT) rate and tax free thresholds
The Irish gift and inheritance tax free amounts (thresholds) have remained constant in recent years except for the child category (A) and the tax rate has remained at 33%.
Remote Working
Do not forget your data protection GDPR obligations if remote working or working away from your normal place of work.
Short time working
Support is available to employees if they have sufficient PRSI paid.
Appoint an agent to collect social welfare payments
There are facilitates in place to helo you if you cannot go to the post office to coolect your pension or social welfare payment
What to do if you are temporarily laid off or put on short time working
In the current COVID 19 situation unfortunately some individuals may be laid off temporarily or put on short time working by their employer.
LPT Single Payment March deadline extended to May 2020
For those who pay the Local Property Tax by single payment the payment deadline is 21 March 2020. Now extended 21 May 2020.
Minimum Wage increase in Ireland from 1 February 2020
The Minimum Wage is euro 10.10 from 1 February 2020.
If I disclaim do my children inherit instead?
The law and the specific facts should always be double checked if you are thinking of disclaiming a benefit. The rules might surprise you. It should not be assumed that your children will inherit if you disclaim.
Thank You
The end of a year and a decade too. A time for reflection. Also a time for planning and looking forward.
Register of beneficial ownership of all Irish companies
Did you know that for transparency purposes all Irish companies must maintain a register of the beneficial owners of the company so that individuals who control all companies can be identified?
Income Tax Pay and File issues 2019
The pay and file online system ROS has been encountering issues presumably due to the volume of last minute filings.
Extended Parental Leave applies from September 2019
The legislation to provide for the additional parental leave has been signed so that the new parental leave period starts from 1 September 2019.
Register of Beneficial Ownership for Irish Companies
There is now an obligation to provide details of the beneficial owners of a company to the Irish Companies Registration Office.
Something special
Something special happens when you get a group of people together in a room.
A little bit about me
Thank you to Donegalwoman.ie for the recent profile article about my upcoming speaking event in Donegal
Employment Law rules change in March 2019
Additional Employment Law rules apply since March 2019. What does this mean for your business?
Local Property Tax payment due 21 March 2019
If you pay your Local Property Tax by the once off single annual payment then the payment date is 21 March 2019
About me - a past article feature
This press article popped up today and gives an insight about me, what motivates me and my work.
Is GDPR stopping you from sending that email?
We are all pausing before we hit the send button since the arrival of GDPR and the large fines. We are all worried about getting it wrong.
Refresher training for Employment Law and GDPR updates
In light of recent case law which continues to highlight deficiencies in how employers apply the law and treat employees I am delighted to provide training.
Welcome to 2019
Congratulations on surviving 2018 and all of its uncertainty. Take time at the start of 2019 to celebrate all of your successes in 2018.
Secondary liability for inheritance tax?
Can a personal representative have secondary liability for inheritance tax in Ireland? Yes if there are non-resident beneficiaries obtaining benefits.
Taxation matters that arise when a person dies
On death a number of taxation matters have to be dealt with by the person taking care of the affairs of the deceased person.
Did you suffer damage during the recent storm? Does your insurance cover you?
Does your insurance cover your loss and damage? The sole purpose of taking out an insurance policy is to protect yourself against an insured event such as a fire, a burst pipe, a chimney fire, storm damage or a flood.
Taxation of short term guest accommodation including AirBnB
Taxation in the form of income tax should always be considered when looking at the net benefits in letting out property in short term arrangements.
Farm Consolidation Relief at the 1% rate of stamp duty has commenced
The changes to the farm consolidation relief on the sale and purchase of agricultural land that were announced in Finance Act 2017 commence on 1 August 2018.
Stamp Duty exemption for farmers on certain leases
A stamp duty exemption for farmers on the lease of agricultural land for farming use has commenced. The stamp duty exemption that applies for a lease of farm land for a period of 6 to 35 years has finally commenced. The exemption commenced on 1 July 2018.
CGT Payment Deadlines 2018
Capital Gains Tax (CGT) arising on property transactions and asset disposals in 2018 has two deadlines.
Capital Gains Tax relief on property held for 4 years
Are you eligible to avail of the Capital Gains Tax (CGT) relief on property held for 4 years? How can you check?
Some guidance and practical tips on GDPR
The General Data Protection Regulation came into law on 25 May 2018 and I gave some tips on how you can implement it into your business.
GDPR implications if you have employees
The General Data Protection Regulation impacts on the personal data you hold on employees. Many have overlooked this and just focused on the customer and writing a privacy notice for them.
Do you need to have a data processing agreement to comply with GDPR
The General Data Protection Regulation makes it clear that if you use a data processor you must have a written arrangement with the data processor.
GDPR questions
Some initial questions arising about data protection on the General Data Protection Regulation becoming law on 25 May 2018
GDPR Clinics over the summer
Delighted to be asked to deliver some General Data Protection Regulation GDPR data protection clinics in Sligo during the summer of 2018.
GDPR Legitimate Interest is a lawful ground to process personal information
Legitimate interest of your business or that of a third party is one of six lawful grounds that you can use to process personal information of a living individual under the General Data Protection Regulation.
Lawful Grounds for using personal information under GDPR
There are 6 lawful grounds under which a business can process the personal information of a living individual for data protection purposes following the General Data Protection Regulation (GDPR).
Using consent as the lawful basis for using personal information
One of the six lawful grounds for processing personal data under GDPR, the General Data Protection Regulation, is consent. So what is consent for GDPR purposes?
GDPR Do I need to obtain fresh consent for General Data Protection Regulation compliance?
There is lots of confusion about consent at the moment and whether we all need to be getting consent to continue to communicate with our customers, staff, potential customers, visitors to our websites and the public once the General Data Protection Regulation commence on 25 May 2018. What do I need to do?
GDPR Coundown to 25 May 2018
The go live date for the new enhanced data protection rules called GDPR General Data Protection Regulation is 25 May 2018 and businesses are beginning to appreciate the significant changes required to the way they do business to comply with the new laws.
Are you ready for the data protection law changes
The changes start on 25 May 2018 so you should be preparing now for the new data protection rules.
Capital Gains Tax relief holding period reduced to 4 years from 1 January 2018
A capital gains tax (CGT) relief was introduced for those who purchased property (land and buildings) and held onto it for 7 years. The relief is that no CGT is payable on any gain attributed to the first 7 years of ownership on the disposal of the property. This time period has been reduced to 4 years.
Preparing for the changes to data protection law
25 May 2018 is the commencement date for the new data protection law rules in Europe under the General Date Protection Regulation, GDPR.
5 Business Matters For You To Action in 2018
The start of a new year means we start to set goals and action plans for the next 12 months. We make resolutions each year.
DOING BUSINESS IN IRELAND.. FRESH PERSPECTIVE FROM AN OUTSIDER...PART 2
Welcome to Part 2 of my blog on doing business in Ireland, from the view of an outsider.
DOING BUSINESS IN IRELAND ... FRESH PERSPECTIVE FROM AN OUTSIDER
Originally from Australia, I have run my own business in Ireland for just over three years now. That of course now makes me an expert on working in both places. So I thought I would share some of the differences, both good and bad, between the two countries. This post comes with the massive disclaimer that this is all just my opinion. It contains a large amount of generalization and stereotyping. And all of it should be taken with a massive grain of salt.
2018 is Here! How will you make your business New Years Resolutions stick?
So you have said goodbye to yet another year, and are hopefully welcoming 2018 with goodwill and optimism. If you are anything like me, you will also be making some New Years Resolutions, for both your personal and professional life.
The Importance of Shopping Locally
How many times in recent years have you been disappointed to hear about the closure of a locally owned store in an Irish city, town or village and wondered if there was anything that could have been done to prevent it? The good news is that there is! Just continue to shop with your local businesses and support them.
Have you begun your Christmas shopping? Consider shopping local
Now is the perfect time to consider where you will do your Christmas shopping. Will you shop with online businesses based overseas, or with the multi-national chains in your town or city, in order to possibly save a few Euro, or will you consider shopping locally, to benefit your city, town, village and community?
6% stamp duty on non-residential property holding companies and vehicles
The latest tax proposal is to try to impose stamp duty on non-residential property holding companies and other vehicles at a rate of 6% instead of the current 1% rate.
Tax Refund Time
31 December is a tax refund deadline date for income tax refunds in Ireland. An annual year end action should always include checking if the Revenue Commissioners owe you a refund.
Shopping online what country are you buying from?
With Black Friday and Cyber Monday almost here this is a reminder to be cautious when purchasing online.
The importance of a thank you
Taking time out of your busy day to say thank you for the service you have received is really appreciated. It is a great reminder of why I entered this profession and that my role is to help you achieve and succeed.
Local Property Tax 2018 payment dates
The payment dates for paying LPT, local property tax in Ireland have been announced.
Stamp Duty on non-residential property increased to 6%
Stamp Duty on non-residential property increased from 2% to 6% from midnight on 10 October 2017.
Water Charges - current status on selling
Prior to the sale of a dwelling the person selling must pay all water charges to Irish Water and provide his solicitor with a certificate of discharge from Irish Water confirming payment.
What is the full cost to an employer for an increase in the minimum wage to 9.55 euro per hour?
In addition to the wage cost increase of 0.30 per hour, employers PRSI must also be taken into account.
What is the full cost to an employer for an increase in the minimum wage to Euro 9.55?
In addition to the wage cost increase of 0.30 per hour, employers PRSI must also be taken into account.
Do you hold adequate, accurate and current information on the beneficial owners of your company?
Do you have a beneficial owners register?
Summer Solstice in Sligo
Delighted to have been back in Sligo in time for the Summer Solstice at Carrowkeel
Teaching time again
I am delighted to be back in the Law Society of Ireland for Summer 2017
Are you compliant?
If you are a retailer are you in compliance with all of your consumer law obligations?
Received a lovely tweet this week
I have been really busy the last few weeks so I was delighted to received this lovely tweet.
Law Society of Ireland and the community
A positive story on the role and contribution that the Law Society plays in the community.
Reduction in rate of interest on judgment debts
The rate of interest payable on judgment debts has been reduced from 8% to 2% from 1 January 2017 in the Republic of Ireland.
NPPR is a deductible expense against rental income
The non principal private residence charge is deductible by landlords against rental income.
2017 Local Property Tax payment
11 January 2017 is the payment date for Local Property Tax in Ireland
Do you have a Paternity Leave policy in place for your business?
Paternity Leave and Paternity Benefits commenced in Ireland on 1 September 2016 for a relevant parent.
Does your company have a filing deadline over the Christmas period?
Filing deadline for annual return over Christmas and New Year Period
Did you miss the deadline?
If you missed the company law conversion deadline you can still convert your company into another type of company under Companies Act 2014 if you do not want your company to be a Private Company Limited by Shares.
Do you need to convert your Irish Private Limited Company?
You have until 30 November 2016 to convert to the new form private limited liability company or designated activity company using the free transition rules provided for in Companies Act 2014.
Looking for alternative sources of funding
If you cannot get funding from your bank or other financial institutions have you considered alternative sources of funding?
LPT Liability rests with owner of property on 1 November in the previous year
Did you know that under Local Property Tax rules the responsibility to pay Local Property Tax and make a LPT tax return is with the owner of the property on 1 November in the previous year?
Tax deadline looming in Ireland
31 October 2016 is the pay and file deadline for income tax and capital acquisition tax. It is also the income tax preliminary tax payment date for tax year 2016.
Budget 2017 Going in the right direction on taxation
There are some positive taxation developments in Budget 2017 for Ireland in relation to DIRT, CAT, CGT and USC. An increased earned income credit for the self employed has been announced.
Thank you for the feedback.
Delighted to have received this feedback and testimonial from a recent client. Always happy to help in any way.
Do you qualify for 20% capital gains tax rate?
If you own a business or hold shares in a business you may qualify for the reduced CGT rate in Ireland.
Payments for loss of office or retirement from office to a director of an Irish company
Company law requirements must always be considered when making a payment to a director or past director of a company for loss of office or retirement from office. Payments for the loss of office of a subsidiary or other office in connection with the management of the companys affairs must also comply with these company law obligations.
Checklist for company letter head requirements in Ireland
Do you know what information must be included in a letter or order form for an Irish incorporated limited liability company? Are you in compliance with Companies Act 2014?
Company law requirements for a website of an Irish limited company
Does your website contain the mandatory information on the company that an Irish registered company must include to comply with Companies Act 2014?
Taxation issues for property sales
The taxes that have to be considered when selling a property are continuously expanding.
VAT and training services in Ireland
The VAT rules relating to training services changed in Finance Act 2015. The new rules commenced on 21 December 2015 and further amendments were made in Finance Act 2017.
Tax what next? Proposals in the Programme for Government 2016
The tax proposals for the next five years have been set out at a high level in the Programme for Government in Ireland 2016. In summary the programme includes the following statements about taxation.
CRO position on District Court application for extension of time to file an annual return
The CRO has issued its position on District Court applications to extend the filing date when a company is late in filing its annual return.
Annual returns. CRO warn do not leave filing form B1 to the last minute
The May 2016 CRO Ezine contains a warning on why you should not leave it to the last minute to file your annual return and gives some guidance on delivery options for your form B1 and related financial statements.
Property Taxes
Solicitors obligations for Local Property Tax, Rates, Water Charges, Stamp Duty and historic Household Charge and Non Principal Private Residence charge.
20% Capital Gains Tax for certain business asset disposals
A reduced rate of Capital Gains Tax can apply on the disposal of chargeable business assets that qualify for entrepreneur relief.
Tax Appeals in Ireland
The Revenue Commissioners have made available a new Tax and Duty Appeal Manual in light of the new appeals process that commenced on 21 March 2016
Public holidays in Ireland
Employees are, in certain circumstances, entitled to time off work or to be paid for public holidays specified in the Organisation of Working Time legislation.
Local Property Tax. Single Debit Authority Payment in March
Did you select to pay the Local Property Tax LPT by Single Debit Authority? If so, payment will be deducted in March.
Can you justify the retirement age of your employees?
You need to be able to justify objectively the retirement age that you have set for each of your employees under equality law.
Busy week speaking on Company Law and Planning your Future
It certainly was a busy week delivering workshops on Companies Act 2014 and succession law, capital acquisition tax, enduring power of attorney and the fair deal scheme.
Planning for your future. Take time out to document your wishes
If you fail to plan the default legislation rules apply and your property may go to people you did not wish to inherit it and decisions may be made for you that you would not have made.
Did you update your website if you sell online?
15 February 2016 was the deadline date to have a link to the European Online Dispute Resolution (ODR) platform on your website if you sell goods or services online.
Dormant Company in Ireland
Are you wondering what you should do with your Irish dormant company. You need to decide if the company should be liquidated or whether it may qualify for voluntary strike off.
Employment law review and Human Resources audit
Update your employment law policies and procedures for recent changes to minimum wage, annual leave entitlements and enforcement procedures using Workplace Relations Commission.
Companies Act 2014. How does it impact my business
How Companies Act 2014 impacts on existing companies, the options available to convert, the liability of directors, rules about transactions with directors, loans to or from a director under Irish company law
Do you sell online? 15 February 2016 was the deadline date to update your website for compliance with the online dispute resolution platform.
At a minimum if you sell online you must include online 1. an easily accessible link to the Online Dispute Resolution platform of the European Commission on your website; and 2. an email address for consumers to use if they have a dispute with you.
Business Compliance Training
Do you want to learn about your obligations for health and safety, preventing bullying and harassment, staff training, employment law and consumer law?
Critical business issues to action in 2016
2016 will be a busy year for us with all the company law, employment law and taxation changes that are taking effect and must be implemented. Selling online consumer law compliance - Company Law conversions in 2016 - Actions for 2016
Company Law conversions in 2016
31 August and 30 November 2016 are the decision deadline dates for existing private companies to convert.
Missed the filing date for your company's annual return? What you should do.
Every Irish company must file an annual return with the Companies Registration Office on an annual basis. A company has 28 days from the annual return date to file the annual return (and financial statements unless exempt) so that this information becomes available to the public. You should act immediately to make the filing to minimise late penalty fees and the negative consequences for you and the company. You can also apply to court for a filing date extension.
Water charges must be paid to Irish Water when a dwelling is being sold or transferred.
Prior to the sale of a dwelling (which includes a transfer by means of a gift or a dwelling being compulsorily acquired) a vendor must pay all water charges to Irish Water.
Annual leave accrues while an employee is on certified long term sick leave.
Employees accrue annual leave when on long term certified sick leave.
Happy New Year 2016
Wishing you all a wonderful 2016 and continued success in everything that you undertake.
Using agricultural vehicles on public roads? New rules start.
The standards that must be met by agricultural vehicles that use public roads change on 1 January 2016 after a review of existing standards.
Happy Holidays
Thank you all for your support in 2015. Wishing you all a great break. Happy Holidays.
CRO annual return filings over the Christmas period
Do you have an annual return due to be filed over the Christmas period with the Irish Companies Registration Office?
Are you due an Irish tax refund for 2011?
You only have 4 years to make a claim for a tax refund from the Revenue Commissioners in Ireland.
Taxation issues to consider when buying goods outside of the EU.
The Irish Revenue Commissioners have issued a reminder of the taxation obligations that arise when you buy outside the European Union (EU).
How to qualify for Agricultural Relief in Ireland
If you qualify for agricultural relief then you are only liable to Irish gift or inheritance tax, capital acquisition tax, calculated on 10% of the market value of the agricultural property received in the gift or inheritance. You get 90% of the market value tax free so you will want to qualify for agricultural relief.
What is agricultural relief?
If you qualify for agricultural relief you obtain a tax relief. Agricultural relief is a tax relief
Have you notified Irish Water of tenants' details if you are the landlord of a residential property?
If not, rules that came into force on 1 October 2015 make you, the landlord/non occupying property owner, liable for the water charges being levied by Irish Water.
Budget 2016 and how it helps those who are self employed
Budget 2016 is a step in the right direction for those who are self-employed including those in the farming community.
Did you receive a gift or inheritance? Capital Acquisition Tax self assessment time is approaching.
Did you receive a gift or inheritance since 1 September 2014? Have you complied with your CAT pay and file obligations?
Are you an existing company limited by guarantee?
Following the recent changes to Irish Company law existing companies limited by guarantee now fall into two categories:
Income Tax 2014 deadlines for Ireland
Income tax deadlines are fast approaching for the filing of Irish 2014 income tax, Universal Social Charge (USC) and PRSI returns and the payment of the final amounts due (pay and file).
Existing private companies and Companies Act 2014
Companies Act 2014 will impact on all existing companies registered in Ireland. What will it mean for your existing Irish private company?
New types of private companies under Companies Act 2014. The options
No doubt you have heard about the changes in company law that commenced in June 2015.
Know your consumer rights when buying online
2 quick actions to check if the retailer is in compliance with rules when selling online:
Selling online. Do you have up to date terms and conditions?
Have you updated your terms and conditions for selling online? Have you checked if your business must comply with the enhanced protection rights given to consumers or is your business subject to other rules? These additional protection rules came into force in June 2014.
Stamp Duty Rates Ireland
Stamp duty is calculated based on the consideration paid for certain transactions that are recorded in a document. Market value may apply in certain circumstances, for example, if there is a gift or unascertainable consideration.
2015 Irish gift and inheritance. Capital Acquisition Tax (CAT) rate and tax free thresholds
The Irish gift and inheritance tax free amounts (thresholds) have been reduced and the tax rate has been increased in recent years.
STARTING A NEW COMPANY AND WANT TO OBTAIN AN INCOME TAX REFUND. SURE
SURE START UP REFUNDS FOR ENTREPRENEURS. Tax refunds may be available for PAYE income tax paid in the previous 6 years before the year in which you invest in a new start up company that meets the conditions specified for the refund.
Companies Act 2014 in force
The long awaited Companies Act 2014 finally commenced on 1 June 2015. The majority of the provisions of the legislation are now in force.
First Time Buyer DIRT Refund
Are you a first time buyer (or builder) of a home or apartment in which you will live in Ireland? Have you purchased (or completed) it since 14 October 2014 (and before 31 December 2017)? Have you never previously purchased or built a residential property?
2 Useful free Tools for your Business
Some useful free tools that can assist you in making decisions in your business are:
COMPANIES ACT 2014. NEW COMPANIES LAW WHAT YOU NEED TO KNOW
Updated: This legislation came into effect on 1 June 2015 with some limited exceptions under SI 169 of 2015. After 15 years of preparation, consultation and revision, a comprehensive new Companies Act was enacted on 23 December 2014. With nearly 1,500 sections and 17 Schedules, this is the largest piece of legislation ever enacted by the Oireachtas. The bulk of the legislation became effective on 1 June 2015.
Eamon's dilemma. Who should he leave the farm to?
Eamon is a widower aged 75 and has decided to make his will. He has three children John, Jack and Maura. He is trying to decide who should inherit the farm on his death.
Agricultural Relief from Capital Acquisition Tax. The new rules
Additional rules apply to gifts or inheritances of agricultural property taken on or after 1 January 2015 and that have a valuation date on or after 1 January 2015. There is now a focus on giving relief to active farmers.
5 Business Tips from Swell Sligo Summit
We can have it all. We can live in a beautiful place and do whatever we wish workwise.
Payment Deadline CGT 31 January 2015
The next Capital Gains Tax (CGT) payment deadline is 31 January 2015.
VAT 2015 selling to consumers. Use of MOSS
If you sell to consumers and are a supplier of telecommunications, broadcasting and/or e-services new VAT rules come into effect from 1 January 2015.
CGT Relief on Property acquired by 31 December 2014 and held for 7 years
The Revenue Commissioners have issued an eBrief confirming certain matters related to the capital gains tax (CGT) relief that applies to property held for 7 years.
Whistleblower protection, direct reimbursement of social welfare and online sales. 2014 changes
As we come to the end of 2014, I outline a short summary of some fundamental legislative changes that may impact on your business operating in Ireland.
Local Property Tax 2015
Payment of the Local Property Tax (LPT) for 2015 by a lump sum payment is due on 7 January 2015 unless another specific method of payment is designated.
Capital Gains Tax Relief for Property held for 7 years
To qualify for the capital gains tax relief for property held for 7 years the property must be acquired by 31 December 2014. Finance Act 2017 reduced the holding period from 7 years to 4 years. This is understood to mean that an unconditional contract for the property must be in place by 31 December 2014 and that section 542 of the Taxes Consolidation Act 1997 will apply.
CGT Payment Deadline 2014
The Capital Gains Tax payment deadline for disposals between 1 January 2014 and 30 November 2014 is 15 December 2014. For disposals during December 2014 the payment date is 31 January 2015.
Stamp Duty Rates 2014
Stamp duty is calculated based on the consideration paid for certain transactions that are recorded in a document (or market value may apply in certain circumstances for example if there is a gift or unascertainable consideration).
Can you use that name for your business?
Remember when you are deciding on your business name or new product name to research whether you can freely use the name you have chosen.
2014 gift and inheritance tax free thresholds
The Irish gift and inheritance tax free amounts have been reduced and the tax rate has been increased in recent years.
Introduction to Intellectual Property Law
I am delighted to be presenting a one day Introduction to Intellectual Property Law course for Local Enterprise Office Leitrim this autumn.
Do you sell to consumers?
Additional rules apply to contracts concluded with consumers after June 13 2014 for on-premises contracts (buying in a shop), distance contracts (including online sales) and off-premises contracts. Different rules apply to the different types of sales.
Selling to consumers? A review of the new Regulations
Additional rules apply to contracts concluded after June 13 2014 which require businesses to provide extra information to consumers.
Intellectual Property Rights and Technology Law
I am delighted to announce that I have recently completed the Diploma in Intellectual Property Rights and Technology Law. This diploma was organised by the Law Society of Ireland.
Local Property Tax, Single Debit Authority Deduction 2014
For anyone who opted to pay the 2014 local property tax by means of the single debit authority option the full payment will be deducted on 21 March 2014.
Report of the Entrepreneurship Forum 2014
The Report of the Entrepreneurship Forum has been launch by the Minister for Jobs, Enterprise and Innovation. It contains lots of recommendations and suggestions for improvements including short term and long term taxation recommendations.
Vodafone return of value to shareholders tax treatment
The Revenue Commissioners have issued a guide on the tax treatment of the proposed Vodafone return of value to Shareholders.
Data Protection Obligations for Organisations
Breaches of data protection have recently been in the news.
Local Property Tax extension of paper filing date to 14 November 2013
The extension of the paper filing deadline for the Local Property Tax to 14 November 2013 is good news. The online filing deadline of 27 November 2013 is unchanged.
Have a complaint against public bodies? Consider utilising the services of the Ombudsman
The Annual Report 2012 of the Office of the Ombudsman was published today.
School Anti - Bullying Policy
The Department of Education and Skills has issued a new circular for primary and post primary schools on anti-bullying procedures.
Motor Tax procedures - vehicle temporarily off the road
Going travelling or working abroad or use a vehicle only occasionally? If your vehicle will be temporarily off the road – declare this in advance otherwise motor tax may have to be paid.
Capital Gains Tax relief on property held for 7 years
Thinking of availing of the Capital Gains Tax relief on property held for 7 years? The property must be acquired by 31 December 2014 (Extended by Budget 2014).
Minimum information to be provided to an employee by an employer
An employer must issue employees with a written statement of terms and conditions relating to their employment within two months of commencing employment.
Succession rights of a child in Ireland
The rights of a child on the death of a parent are:
Rights of a spouse on the death of other spouse
On a death the surviving spouse has succession rights - a legal entitlement to obtain some property from the estate of the deceased spouse. The rights are determined by whether there are any children. Part IX of The Succession Act 1965 is the relevant legislation.
Keep records for Local Property Tax
On a sale of your house or apartment you will be required to furnish proof of payment of the Local Property Tax (LPT) and details of the valuation band declared for the property to the purchaser and your return or, if no return has been made, Revenue's estimate of LPT due.
Local Property Tax Surcharge
The Revenue Commissions have provided details of the local property tax (LPT) surcharge regime.
CAT Pay and file deadline 2013
Revenue have confirmed that, for beneficiaries who received gifts or inheritances with valuation dates arising in the year ending 31 August 2013, who file their capital acquisitions tax (CAT) return and make the payment through ROS, the due date for pay and file is extended to 14 November 2013 (from the set filing date of 31 October 2013).
Local Property Tax. Update on compliance
A Revenue update issued 2 August 2013 indicates that "to date, over 1.58 million LPT returns have been filed and over €175 million has been collected in Local Property Tax."
Local Property Tax - Revenue powers to pursue for unpaid property tax.
Revenue is commencing to follow up on unpaid property tax and writing to taxpayers. Revenue will pursue collection of property tax based on the Revenue Estimate of the local property tax (LPT) that it notified to taxpayers in the letter that accompanied the LPT Return.
Understanding Tax for Small Businesses Guide
The Irish Tax Institute has prepared a free guide to Irish tax for the SME/owner-managed business community.
Complaints against public bodies
Have you explored making a complaint to the Ombudsman?
JobsPlus Incentive
JobsPlus Incentive - a new incentive to encourage employers to hire the long term employed started on 1 July 2013.
Equality Tribunal cases June 2013
Equality Tribunal decisions on employment equality and equal status claims for June 2013 are now available on the Equality Tribunal website. There were two successful claims leading to awards of €45,000 and €11,700 being made. Details of the decisions are available on the Decision database.
Clients list taken by former employees. Employers' obligations under Data Protection rules
Case Study 14 in the 2012 Annual Report is a timely reminder to employers about their obligations under data protection.
Disclosure of student personal information by secondary school breaches data protection rules
Case Study 9 in the 2012 Annual Report provides details of a complaint made in relation to the disclosure of a student’s personal data without a student’s knowledge or consent or the knowledge or consent of the student’s parents.
Unsolicited Marketing Case Studies in Data Protection Commission Annual Report 2012
The 2012 Annual Report is a timely reminder to businesses that they should always consider their data protection obligations prior to undertaking marketing.
CAP on redundancy payments not age discrimination
Labour Court decision: Hospira v Roper and others, Labour Court 29/4/2013 The Labour Court overturned a decision of the Equality Tribunal which had held that caps on redundancy payments constituted indirect discrimination on grounds of age which would only be lawful if objectively justifiable.
Taxation of Maternity Benefit, Adoptive Benefit and Health and Safety Benefit commences July 2013.
These benefits which are payable by the Department of Social Protection (DSP) will be taxable in full from 1 July 2013. USC and PRSI will not apply to these benefits.
Local Property Tax (LPT). Deduction at source from wages/salary or an occupational pension
Employers must put in place facilities to enable the deduction of Local Property Tax payments at source from wages and pensions from July 2013.
Revenue Commissioners Annual Report 2012
The Revenue Commissioners published their Annual Report 2012 on 24 April 2013.
The State has an obligation to protect employee pension entitlements when an employer is insolvent
The European Court of Justice has ruled in favour of the Waterford Crystal employees in their claim that the State had failed put in place a pension protection system. The Irish High Court will have to determine the liability of the State for the pensions.
Debt Forgiveness. Could it be taxed as a gift?
The Revenue Commissioners have issued an e-brief providing some guidance on how it will treat debt forgiveness by financial institutions for Capital Acquisition Tax purposes.
Finance Act 2013
Finance Act 2013 has been signed by the President on 27 March 2013.
Stamp Duty rates 2013
Stamp duty is calculated based on the consideration paid for certain transactions that are recorded in a document (or market value may apply in certain circumstances for example if there is a gift or unascertainable consideration). Anti avoidance stamp duty provisions for land resting in contract has been introduced in 2013.
Extended entitlement to Parental Leave
Two new changes to Parental Leave have been introduced since 8 March 2013: • Entitlement to request changes to working hours and/or work patterns for a set period.
2013 gift and inheritance tax free thresholds
Since 6 December 2012 the Irish gift and inheritance tax free amounts have been reduced and the tax rate has been increased.
Benefits of making a will
Would you like to decide and have control over who inherits your property on your death? If so you should make a will setting out your wishes.
Renewal of a fixed term contract
A fixed term contract can only be renewed or extended if there are objective grounds justifying the renewal without offering an indefinite duration (permanent) contract.
Employment Law - The importance of fair and proper procedures
The importance of having and following fair and proper procedures cannot be over emphasised
Employer imposing salary reduction without employee consultation or consent
What options do you have if your employer imposes a salary reduction without your consent?
Twitter used to serve court proceedings
Use of Twitter in court proceedings for the first time.
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