# CRO late filing fees - allowable expense?



## paulpd (10 Sep 2009)

Are CRO *late *filing fees allowable? Or are they to be added back as a non-allowable expense? (Just like a speeding fine etc)

Thanks


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## Graham_07 (10 Sep 2009)

I would take the approach that anything paid as a result of contravention of any law, like speeding fine, late filing fee, Sheriff's fees, (as well as the obvious and definitely not-allowable, Revenue interest on late payment) would not be allowable. 

Others views on this ?


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## Domo (11 Sep 2009)

I would agree with Graham 07.

These costs were not incurred "wholly and exclusively", unlike CRO regular fees.


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## Arch2 (11 Sep 2009)

Domo.

How do you reach the view they are not "wholly and Exclusively" they are hardly incurred for any other purpose other than for the trade.

I would take it they are deductible they are costs incurred just like interest charged by a supplier on late payment.


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## paulpd (11 Sep 2009)

Interest paid on late tax submissions is not allowed. I was taking this approach.


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## Domo (11 Sep 2009)

I would view these costs as penalties, and as Graham 07 says - Revenue late filing fees not allowable, and I would view these as the same.


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## Graham_07 (11 Sep 2009)

They would not be incurred if the company had obeyed the LAW and submitted on time. They BROKE the law and as such that could hardly be said to be in the furtherance of the trade.


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## Bronte (11 Sep 2009)

Oh dear, in relation to rental income I claimed 140 for registration with the PRTB as I didn't do it within the month it costs double the 70.  Was I wrong to do this?  I put it quite clearly on my tax return as even though they don't ask for it I submit an annual list of costs.


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## jb7777 (29 Sep 2009)

CRO late filing fees are not tax deductible

See page the top of page 3 in the following PDF link:
http://www.mooreandco.ie/images/cro_inf_leaflet22v5.pdf

Below is an excerpt:
5. What happens if an annual return is filed late?
A late filing penalty of €100 becomes due in respect of an annual return on the day after the expiry of the  filing deadline. The annual return filing deadline is 28 days after the effective date of the return. A daily penalty  amount of €3 accrues from day 30 onwards, up to a maximum penalty of €1,200 per return. This penalty is in addition to the standard filing fee of €30 per annual return. *Revenue has confirmed that late filing penalties
are not tax deductible.*
In addition, an on-the-spot fine may be imposed by CRO where the company has a record of persistent late  filing.

Auditors ought to be furnished with the books and records of the company well in advance of the annual return  filing deadline if the company wishes to avoid incurring the late filing penalty.


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## Robert Nowacki (31 Mar 2015)

Interesting summary article on this subject:
[broken link removed]


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