An annual return (Form B1) is required to be delivered electronically by a company, whether trading or not, to the CRO once at least in every year. Mandatory E-Filing Required since June 2017: The CRO introduced mandatory electronic filing for the submission of the following documents since 1 June 2017 in accordance with S.I. No. 458 of 2016 and Section 897, Companies Act 2014:
◾B1 - Annual Return (including financial statements and electronic payment)
◾B2 - Change of registered office
◾B10 - Change of director and/or secretary, or a change in their particulars
◾B73 - Nomination of a new annual return date.
This applies to all Irish companies.
Obligations in preparing and filing an annual return
The annual return of a company is required to be made up in every year to a date which is not later than its Annual Return Date (ARD). An annual return must be delivered to the CRO not later than 56 days after its effective date. This means that if an annual return is made up to a date earlier than the company's ARD, it should be delivered to the CRO within 56 days after that earlier date.
If the 56 day filing period expires on a Saturday, Sunday or public holiday, the 56 day period is extended to the next working day.
Where financial statements are required to be attached to the return, the filing deadline is either the company's ARD plus 56 days or the company's financial year-end plus nine months and 56 days, wherever is the earlier.
Where an annual return is sent back by CRO for correction or for fees, section 898 Companies Act 2014 , requires that the errors/omissions must be corrected and a fully compliant document delivered to the CRO within 14 days.
If a fully compliant document is not delivered to the CRO within 14 days, the original document will be deemed not to have been delivered to the Registrar. The re-submitted document will then be treated as a fresh submission, potentially resulting in the company incurring late filing fees and losing any entitlement to claim audit exemption for two years.
Financial statements not required with first return
A new company is exempt from the obligation to annex financial statements (accounts) to its first annual return, which return is required to be made up to a date that is six months from its date of incorporation.
It is, however, required to annex financial statements to its second annual return, which return is required to be made up to a date not later than 18 months from its date of incorporation, and filed within 56 days.