The Gazette 1989

GAZETTE

FEBRUARY 1989

Company Names The system for checking company names has been changed from 12 January 1989. The provisional name clearance service will no longer be available. Company names will be checked prior to incorporation only. While names will continue to be registered at the discretion of the Minister, generally speaking a new company name or a change of name for an existing company will not be registered if: (a) it is identical to a name already on the register of companies; (b) in the opinion of the Minister it is offensive; (c) it would suggest State sponsor- ship. In accordance with Section 23 of the Companies Act, 1963 the Minister can direct a company to change its name within six months of its being registered, if in his opinion it is too like the name of a company already registered. The onus for checking the name of a company will reside with the applicant. Therefore when choos- ing a name the applicant should satisfy himself/herself in advance on the acceptability of the pro- posed name bearing in mind that an objection might be received which would result in the company being asked to change its name. Enquiries in relation to the new processing system should be directed to Companies Registration Office (Tel. No. 614222, Ext. 3206). Companies Registration Office WA R N I NG Re t ent i on of t ax f r om rent and proceeds of sales on beha lf of non- res i dent clients The attention of Practitioners is drawn to the provisions of Sections 200 and 433 of the Income Tax Act 1967. Section 433 imposes on a person, collecting rents on behalf of non-resident landlords, a statutory obligation to deduct tax at the standard rate and forward same to the Revenue. Such person is deemed to be an agent of the non- resident Landlord and as such is personally liable for tax on said rental income at the standard rate.

The non-resident Landlord's agent must deduct the tax from the rental income received and forward the monies, so deducted, to Revenue. The agent must then furnish to the non-resident landlord a form RI85 showing the total rental collected and the amount deducted in accordance with the provisions of the Section. The non- resident Landlord must lodge the form RI85 together with any claim for refund to the Claims Section in Dublin. Practitioners are therefore strongly urged that when they receive instructions to prepare letting agreements on behalf of non-resident clients, they should notify the client in writing of these statutory provisions and should seek a written acknowledgement of receipt of such letter. Failure on the part of Practitioners to advise their (a) tenant clients; or (b) non-resident Landlord clients; or (c) rent-collection clients (e.g. estate agents) of this provision could result in that client having a cause of action against the practitioner under Section 200 of the Income Tax Act, 1967. A Solicitor or other party, who receives money on behalf of a non-resident client by way of proceeds of a sale or other source to which the client is entitled, may be deemed to be the agent of such non-resident client and may be accordingly personally liable for any tax liability due in respect of said monies and possibly for other tax liabilities of the principal. Practitioners are therefore strongly urged not to release such monies without first obtaining a letter of clearance from the inspector of Taxes. Q Taxation Committee

Pract ice No t es

P l ann i ng Permi ss i ons - Ex emp t ed Deve l opmen ts Recently some Local Authorities have adopted a procedure of including in Planning Permissions for high density housing develop- ments, a Condition prohibiting the carrying out of Exempted Develop- ment without obtaining Planning Permission, for example some high density t own house develop- ments. The attention of Practitioners is drawn to Article 11 (1)(a)(i) of the Exempted Development Regula- tions S.I. 65/1977 which provides that a development as described in the Schedule to the Regulations shall not be an exempted develop- ment if it would contravene a Condition attached to a Planning Permission. Accordingly, before a particular development can be certified as being an exempted development regard should be had to any existing Planning Permission relating to the property. • Conveyancing Committee Ev i dence t hat roads and services a re in cha rge of t he Local Au t hor i ty The Conveyancing Committee consider that it is quite acceptable for a Solicitor to certify either from his own personal knowledge or from an inspection of the Local Authority records that Roads and Services are in charge of the Local Authority. Such a Certificate where forthcoming, should be accepted by a Purchaser in lieu of a letter from the Local Authority itself. • Conveyancing Committee

Handwriting & Subject Document Analysis

Michael Rasmussen, Mayanncor Ltd., 19, Woodside, Rathnew, Co. Wicklow. Telephone: 0404-69474

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