Backdating registration with the PRTB

viztopia

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I have a problem in back dating a registration with the Permanent Residents tennants Board in that they wont allowus to back date it if the tennant has moved/changed. This abviously creates a problem in that the Revenue wont allow the interest for these years. has anyone else encountered these problems?
 
There is absolutely nothing you can do about this. PRTB will not ,as you said, register someone who no longer lives there.
 
Yes I have had a few such cases with clients. Unfortunately as you know interest is not an allowable deduction unless, for the relevant tax year, ALL tenancies in the relevant property were registered with PRTB. I have had instances where clients might have had at the start of the year an ongoing tenancy coming into that year, then the tenant leaves and the next tenant, for whatever reason didn't get registered then maybe that tenant was gone by end of year and another tenant comes in and is registered. The middle tenancy not being registered cuts off interest for the WHOLE year. People find that very unfair. Revenue recently issued a bulletin that once the tenancy was registered by the return filing deadline for the relevant year then it was considered to be ok. Unfortunately once the tenancy has ended the PRTB are not allowing late registrations. The late registration must be for a tenancy still in operation. It is a problem but I don't see a solution as Revenue are very clear on the matter.
 
The middle tenancy not being registered cuts off interest for the WHOLE year. Revenue recently issued a bulletin that once the tenancy was registered by the return filing deadline for the relevant year then it was considered to be ok.

Just to clarify, if the middle tenancy had been registered on the 'return filling deadline' and the other tenancies not registered it would be ok? Is the key the return filing deadline? Would you have a link to the bulletin please.

This is very important to add to the key post on rental income.
 
All tenancies must be registrered for the year, either as they happen or by the return filing deadline for the relevant year. It is not sufficient to have some tenancies registered. There is no provision for apportionment of interest where some of the tenancies are registered and some not That is part of the original rules on PRTB and interest deduction.

The original rules on PRTB and interest allowance are [broken link removed]( note several times Revenue have boldfaced the word all . )

The clarification on registration by the return filing deadline is at part 4 (last para on page 2 ) of this instruction :-

[broken link removed]

got to PDF file 4.8.10 it's at part 4 on page 2 end of page.
 
thanks for the replies. The law on this sounds mad, but as they say sometimes the law can be an ass!!
 
They expect landlords to be so compliant & ontime, yet I know of someone who sent in their registration with their cheque. They heard nothing & called to be told they had a backlog. They eventually got a call from them asking them to re-issue the cheque as it had gone out of date.

I heard of another instance where, again the LL heard nothing after a few months. Called and was told there was a backlog and they would be in touch. Tenant moved out and PRTB had no record of the details having being recieved (and never cashed the cheque) and would not allow it to be backdated as the tenant had moved out. Last I heard it was being challenged so I don't know what happened in the end.
 
There are serious backlogs in PRTB alright of something like 6 months. Some tenancies might only be 6 months so this is not acceptable. Given that the new NPPR tax can be paid online it's a wonder that the PRTB hasn't set up an online filing/payment system. That would clear everything up and ensure the LL has their registration promptly . ( and gives no excuse for not doing it )
 
The PRTB one would be more problematical.
The NPPR only involves one party, the landlord. Whereas the PRTB requires the tenant to sign the form to confirm the details are correct
 
I would love if the PRTB were online, it can't be that difficult. Why do they need signatures of landlords and tenants and 6 pages of a form that is difficult to type into and which has then to be posted and then for them to put in into an excel file it takes them 6 months plus and the excel file is actually incorrect after all that. They have incorrectly registered property for me and they have lost forms so now I have to send everything by registered post.

It only took me about 1 minute to do each of my NPPR registrations online. If I had to put in tenant's details online for the PRTB it might take me 5 minutes total.
 
The PRTB one would be more problematical.
The NPPR only involves one party, the landlord. Whereas the PRTB requires the tenant to sign the form to confirm the details are correct

A similar requirement for filing online with the CRO works very well.
 
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