Third Party Returns - Automatic Return of Certain Information - IT16

Introduction

This leaflet is mainly for assistance in submitting information required on Form 46G (PDF, 554KB) – Third Party Return by traders and other persons carrying on a business activity, (including Government Departments and Statutory Bodies). This leaflet may also assist people who may have to submit information on any of the other Third Party Returns listed in Appendix 2 of this leaflet.

Who should make Third Party Returns?

Traders (including farmers), professionals and other persons carrying on a business, as well as non-trading/non-profit making organisations and bodies of persons (including charitable organisations, Government Departments and statutory bodies such as Health Boards) are required to automatically make Third Party Returns.

The list of Third Party Return forms in Appendix 2 of this leaflet includes a note of who should complete each form.

What information must I return automatically?

Details of payments made by you which must be returned automatically are:

Payments for services rendered in connection with the trade, profession, business etc., whether paid on your own behalf or on behalf of someone else.
Payments for services rendered in connection with the formation, acquisition, development or disposal of the trade or business.
Periodical or lump sum payments made in respect of any copyright.

You can submit the return electronically if you wish. Third Party Returns - A guide to the submission of returns in electronic form (MSWord, 278KB) provides the technical specifications for the submission of returns in electronic format.

Must all payments for services be returned?

No. The following need not be returned:

Payments for services/activities which are not on the list set out in Appendix 1 of this leaflet.
Payments for services made to a person in the period covered by the return which do not exceed €6,000 in aggregate.
Payments from which income tax has been deducted (e.g. payments subjected to PAYE, fees paid subject to withholding tax etc.)
Payments by a principal contractor registered for Relevant Contracts Tax, where the payments are returned on Form RCT46 (PDF, 387KB).
Payments for services in which the value of any goods provided as part of the service exceeds two-thirds of the total charge.
Payments to non-residents. However, where a Third Party operates from a business or private address in the State he or she should be regarded as ordinarily resident.
Payments for essential services such as electricity, gas and telephone.

When must I file a Third Party Return?

For individuals and bodies of persons other than companies, a Third Party Return is required in respect of payments up to 31 December each year or, if more convenient, up to the date on which accounts of the trade, etc. are normally prepared. Third Party Returns must be made annually before 31 October following the end of the tax year to which the return is prepared.

For companies, Third Party Returns must be made not later than nine months from the end of the accounting period.

However, Form 8-E (PDF, 36KB) - Return of Third party Information by Relevant Deposit Takers in relation to Special Term Accounts, must be returned by 31 March each year.

What details must I give on a Third Party Return?

When completing your Third Party ReturnForm 46G (PDF, 554KB) it will be necessary to submit the following details:

Full name/full title of company
Private Address
Business Name (if any)
Business Address
Payee’s Tax Reference No.
Total amount of payments made or value of consideration given
Was VAT charged in this transaction?
Nature of consideration, if not money
Nature of services or rights provided

You should ensure that your business records are adequate to supply the above information - in particular you should ensure that persons providing services give you their tax reference number (their VAT registration number or PPS number may be used.)

The VAT regulations require that the person charging VAT should furnish an invoice that should include, among other things, a valid VAT reference number. Where the Third Party Return states that VAT was charged, it should be possible to declare a valid VAT reference number.

The amount of the payment for services shown on the Third Party Return should normally be exclusive of VAT. However, payments may be returned inclusive of VAT by traders etc. whose records are maintained on a basis that would make it difficult to make the return on a VAT exclusive basis. Persons not registered for VAT may make returns inclusive or exclusive of VAT.

You should indicate where applicable whether the figures returned are VAT inclusive or not.

How do l submit a return of Third Party Information?

The return should be submitted to your Revenue office by the return filing date - see above. You may be sent a form by Revenue where it is considered likely that a return is required from you. However, you should note that it is your responsibility to ensure that you make a return where necessary.

If you choose to submit the return electronically on diskette/CD-ROM it is important that you view the technical specifications information - Third Party Returns - A guide to the submission of returns in electronic form (MSWord, 278KB) which is available on Revenue’s website, www.revenue.ie. A diskette/CD-ROM that does not satisfy the physical and logical format cannot be accepted.

When submitting an electronic diskette/CD-ROM it will be necessary to complete and attach a Third Party Return Declaration Form appropriate to the Return Form, to the diskette/CD-ROM.

Appendix 1

List of Services/Activities in respect of which returns of payments are required:

Accountancy (including Auditing, Taxation, Secretarial etc.)
Actuarial
Advertising/Promotion
Agricultural/General Contracting
Architectural (including Draughtspersons)
Auctioneering
Book-keeping
Building Repair/Maintenance
Catering
Cleaning
Commissions
Computer (including software)
Consultancy
Courier/Delivery
Dentistry
Diving
Electrical
Engineering
Entertainment
Equipment/Plant Hire
Exhibitions
Haulage
Journalism
Legal
Medical
Merchandising
Model Agency
Nursing
Photographic
Plumbing
Printing
Promotion
Public Relations
Secretarial
Security & Investigation
Surveying
Training/Education
Translation/Interpreting
Transport
Vehicle Repair/Maintenance
Veterinary

Appendix 2

The following Third Party Returns should be made automatically:

within nine months after the end of the accounting period by companies, or
by 31 October in the year following the end of the tax year by all other persons.

Form 46G (PDF, 554KB) By traders and other persons carrying on a business activity, (including Government Departments and Statutory Bodies).
Form 46G (Company) (PDF, 173KB) By any company making payments to any person for services provided including fees, commissions any payments for copyright.
Form 8B-A (PDF, 172KB) By Financial Institutions paying or crediting interest to Irish residents without deduction of tax.
Form 8B-B (PDF, 172KB) By intermediaries who act in connection with the opening of foreign accounts with deposit holders.
Form 8-D (PDF, 98KB) By persons who act as intermediaries in relation to material interests in offshore products.
Form 8-2 (PDF, 166KB) By persons in receipt of income of others.
Form 8-3 (PDF, 178KB) By any person who, as an agent, manages premises or is in receipt of rents or other payments arising from premises.
Form 8-4 (PDF, 166KB) By any Authority/Body which makes any payment in the nature or for the purpose of rent subsidy in relation to any premises.
Form 21R (PDF, 167KB) By persons who are nominee holders of securities.

The following Third Party Return should be made automatically by the 31 March in the year following the year of assessment:

Form 8-E (PDF, 36KB) By any Relevant Deposit Takers in respect of Special Term Accounts.

If you consider that you will be required to make a return under any of these categories, you can get more information by contacting your Revenue office.

January 2006

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