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cmcsolicitor
cmcsolicitor, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 155
Experience:  and Mediator practicing in Cork, Ireland.
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Our not for profit organization is planning to open a retail

Customer Question

Our not for profit organization is planning to open a retail shop selling donated clothing and brick-a-brack items to the public for cash? Are there any permits that need to be applied for in order to comply with existing legislation? Please list any other known legal or tax requirements that we need to be aware of. Thanks.
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  cmcsolicitor replied 1 year ago.

cmcsolicitor :

You will need to have public liability insurance in place in respect of the premises, and employer's liability insurance in respect of people working in the shop (even if they are doing so on a voluntary basis).

cmcsolicitor :

You do not say whether your not-for-profit organisation has been registered as a charitable company with the CRO and Revenue Commissioners in Ireland. If not, that is what you will need to do, so that the income that the organisation derives from the shop is appropriately taxed. This will mean having a board of directors, proper accounting procedures, and submitting annual returns and holding an AGM etc. If you do not do this you will not be taxed as a charity.

cmcsolicitor :

The place to start researching his is the Revenue Commissioners' website. That provides details about how charitable companies are taxed, tax free donations etc. It also provides a model Memorandum and Articles of Association that you can use to set up a charitable company.

cmcsolicitor :

You would amend this to reflect the activities and aims of the organisation, and then submit it to the Companies Registration Office. Then you submit the documents of the registered company to the Revenue Commissioners to apply for charitable tax status.

cmcsolicitor :

Then every year you comply with the requirements by providing audited accounts to your board members at the AGM and to the Companies Registration Office.

cmcsolicitor :

There is an organisation called The Wheel that provides useful information and training seminars etc to charities in Ireland.

cmcsolicitor :

I wish you every success.

Customer:

Thanks for the feedback. Does that mean there are no retail shop licenses or permits like for a pub that need to be applied for with the local authorities like county council ? Please confirm.

Customer:

I will be back in the office on May7th to review your answer - thanks - have a great weekend

cmcsolicitor :

No. There is no such permit. You will however have to consider planning regulations - if the building has not been used for retail before you may have to make a change of use application to the local planning authority. If you have taken out a commercial Lease the planning requirements will be dealt with in that.

cmcsolicitor, Solicitor
Satisfied Customers: 155
Experience: and Mediator practicing in Cork, Ireland.
cmcsolicitor and 2 other Republic of Ireland Law Specialists are ready to help you
Expert:  cmcsolicitor replied 1 year ago.
Thanks for rating my response to your question positively.

I hope it all goes well for you!

Sincerely,
Claire McCarthy (Solicitor)

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cmcsolicitor
cmcsolicitor
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155 Satisfied Customers
and Mediator practicing in Cork, Ireland.