Ireland is extremely friendly to the possibility of foreign investment and offers a variety of incentives for business owners who want to establish a branch office in Ireland. It is crucial to understand that setting up a branch office in Ireland is registered as an independent entity.
The branch office located in Ireland is considered an independent structure of the corporate parent because the decision-making process cannot be made via branches.
The EU Regulations on Branch Disclosures of 1993, which govern the requirement for the registration of branches in Ireland, should be followed by foreign businesses who choose to establish a branch office in Ireland.
A regulation that improves and speeds up the registration process for opening a branch office in Ireland was recently announced by the Irish Companies Registration Office. For full details on setting up a branch office in Ireland, it is advised to contact our representative to establish a branch office in Ireland that can provide investors with information on the steps involved in this particular case.
| Quick Facts | |
|---|---|
| Applicable legislation (home country/foreign country) | Foreign country |
| Best Used For | Financial and insurance/reinsurance operations |
| Share capital minimum (YES/NO) | NO |
| The time frame for integration (approx.) | Approx. 14 working days |
| To file documents, the parent company | The statutory documents of the parent company and incorporation Certificate Form for application for branch registration and proof that the branch has an Irish official address of the branch and identification documents of the local director |
| Management (Local/Foreign) | Local, at a minimum one director who is resident |
| A legal representative is required (YES/NO) | Yes |
| Accounts at local banks (YES/NO) | Yes |
| The independence of the company from its parent | Depends upon the company that owns it. |
| Corporate liability of the parent company | Corporate responsibility of the parent organization The branch office operations are solely the responsibility of the parent firm |
| Corporate tax rate | 12. 5% |
| Annual accounting and filing rule | Profit and Loss account director’s report auditor’s report, Balance sheet |
| The possibility of hiring local employees (YES/NO) | YES |
| The travel requirements for branch/subsidiary integration (YES/NO) | NO |
| Access to double tax treaties (YES/NO) | Yes, approximately. 70 Double Tax Agreements |
Investors considering the process of setting up a branch office in Ireland should be aware that the Companies Law does not specifically mention this sort of business structure because there is no definition of what it entails.
However, investors prefer to establish a branch office in Ireland because it has lower expenses (initial cost and operational expenses) when compared to the registration of an affiliate.
In general, branch offices are generally considered to be a type of business. The branch office is a term that is a legal concept under the EU’s law and is a way to define the term “a permanent location of the business its primary feature is that the company operates as an extension of the parent company’s operations to a foreign market.
Documents required to establish a branch office in Ireland
If you decide to establish a branch office in Ireland, various conditions must be satisfied by the relevant laws. In this regard, investors must submit the required documents that will then be registered with local authorities.
Our representatives for the formation of companies within Ireland can help in drafting the following documents:
- A Formula for F12 registration for companies operating within the European Union (EU) or an F13 registration form for companies operating in countries outside the EU;
- A notarized copy of the company’s certificates for incorporation, and an official copy of the Articles of Association of the parent corporation;
- A notarized copy of the chartered company’s parent as well as copies of documents for the accounting documents as per regulation 4(2) (i) and 7. (2) (j);
- A legal representative must be named to establish a branch office in Ireland, in addition to other criteria.
- It is also essential to choose an Irish residence that meets the EU Branch Disclosures law requirements.
Ireland requires that any branch offices be registered with an official office. Due to branch registration, all paperwork must be submitted to the Irish Companies Registration Office within a month. Setting up a branch office in Ireland in 2022 could take between the duration of 10 days. Ireland is known for having the fastest procedures for registration on the scale of the EU.
Other requirements to establish a branch office in Ireland
Once the Irish branch has been verified to have been formed with the Companies Registration Office, it must also be registered with the appropriate tax authorities for taxation reasons.
Branch offices located in Ireland are obliged to file an annual audit of their accounting and audited annual reports of their parent corporation with the Companies Registration Office (CRO). For branch offices that employ staff the registration of pension, social security account, and various insurances is mandatory.
The business must create a location of the business in the event of operating through the branch office which is a requirement for any commercial company operating within Ireland.
In general, it is branches are branch office that is considered to be an office where the branch performs activities that are ancillary to the ones undertaken through the parent company. This could include market research, for instance.
Difference between a Subsidiary or the Irish Branch office
If you are looking to expand to an international business within Ireland investors could sign up for one of the entities regulated under the Companies Act, or establish a branch office in Ireland. For these business types, the decision to choose one should be based on the degree of dependency that the Irish structure will have on the corporate parent.
In terms of the degree of dependence, The branches are, as noted previously, legally dependent on the parent company. However, when it comes to subsidiary companies the entity is considered an independent and distinct structure. The other significant distinctions between them are reflected in the accounting processes and the taxation scheme.
It is nevertheless important to be aware it is this subsidiary is required to meet more stringent annual filling requirements than branches. Branch offices and this can be a benefit in setting up a branch office in Ireland through the business model.
In terms of taxation, your Irish subsidiary is subject to the tax structure of corporate entities, that is also true for branches where the corporate tax will be only applicable to its business activities that were that are based within Ireland.
Foreign business owners looking for business formation assistance in other countries, such as Luxembourg, Denmark, Switzerland, Moldova, or Montenegro can request assistance and we’ll connect them with our partners in those countries.
Furthermore, should you’re looking to establish your own business in Estonia we will help you connect through our associates that are experienced in opening businesses.
Tax obligations to establish a branch office in Ireland
If you establish a branch office in Ireland, it is required to sign up to receive social security benefits and withhold the tax withheld from workers within Ireland. Additionally, it is also required to register for VAT.
The branch office is responsible for VAT (VAT) and must complete all necessary formalities to be eligible for registration. Tax registration for VAT within Ireland and the amount of VAT that the business is liable for VAT will be based on what type of the business.
The corporation tax rate in Ireland applies to branches only in the context of their operations in the country. Tax on corporations is imposed upon branches for all of their indirect or direct earnings, in addition to the property.
A branch’s taxation are dependent on the location of its residence. If the branch of a corporation is tax-resident in Ireland and the entity is liable for taxes on corporate income as well as global income, the foreign business operates in the Irish market through its branch offices.
Benefits of a branch office in Ireland
In 2022-23, foreign companies looking to establish a branch office in Ireland will be able to benefit from the simplified process of the appointment of an Irish representative.
Additionally, this Branch office located in Ireland will be under full control by that parent firm over the activities that are completed here beginning in 2022.
Since there are no changes to the registration requirements for the Irish branch office until 2022 You can count on our agents to assist with the process of preparing all the documents.
Conclusion
When choosing the legal structure to expand a company to Ireland the parent company is likely to take into consideration tax implications and the degree of independence the company has. For example, both a branch as well as a subsidiary can take advantage of Ireland’s 12.5 percent corporate tax rates.
However, it is the case that an Irish branch business is eligible for this tax rate only on purchases within State. However, it is an Irish subsidiary company that can benefit from the 12.5 percent corporate tax rate for sales made in Ireland as well as internationally. Because of this, subsidiaries are most frequently used.
If you wish to establish a branch office in Ireland. Consult OnDemand International. We are here to help you.