Holland Condon Solicitors Blog

The last budget introduced some attractions for people to buy property, including investment property :-

1) Any property purchased between 6/12/2011 and 31/12/2013 will be exempt from capital gains tax in respect of any increases in value for the first 7 years.

2) Stamp duty for residential property remains at 1% for the first €1million and 2% over that figure.

3) Stamp duty on non-residential properties has been slashed to an all time low of 2%, regardless of value/price.

Maybe it’s time to take the money from out under the mattress !

Holland Condon Solicitors, kilkenny solicitors providing legal advice in south-east Ireland.

The Non-prinicipal private residence charge is a tax on all investment residential units, including holiday homes.

If you own property and it is not your only or main residence on the liability date in any year, you must pay the charge of €200. There are some exemptions to the charge, for example, for mobile homes, caravans or granny flats – see ‘Exemptions from the NPPR’ below. In general, the liability date is 31 March each year.

The charge applies to all residential property you own except your main home. The onus is on you, the homeowner, to come forward and pay the charge to the local authority in which the property is located. For example, if your main residence is in Dublin and you have a holiday home in Kilkenny, you pay the charge to the local authority in Kilkenny, that is, Kilkenny County Council, John’s street, Kilkenny City.

The new Household charge (introduced in 2012) must be paid in addition to this NPPR charge.

Visit www.nppr.ie to pay or for more information on this tax.

Holland Condon Solicitors – a kilkenny legal services provider.

The Local Government (Household Charge) Act 2011 was enacted on 19th December 2011, having been first announced by the government on budget day on 6th December 2011. The Legal Profession was not consulted on how the Act might affect the conveyancing process in practice and, regrettably, had no opportunity for input.

Because the Act provides that the household charge is a charge on the property to which it relates, solicitors should, on or before closing a transaction, seek confirmation of whether the property in sale is liable to the charge, and if so, obtain a certificate of discharge of the statutory charge on the property to place with the title deeds. If it is claimed by the Vendor that the property is not liable to the local authority household charge, the purchaser’s solicitor should seek confirmation of this by way of either a certificate of exemption or a certificate of waiver, as appropriate. The vendor’s solicitor should also keep a copy of the relevant certificate as evidence of the instructions of the client as it may be of assistance should the solicitor later be prosecuted under Section 10(6).

This means, if you are selling or transferring your house, then you must prove the household charge is paid up-to-date.

Holland Condon – a law firm in Kilkenny, Ireland.

We’ve great news to report in that we have just provided all the legal information for the I.F.A.’s Irish Farmer’s Handbook for 2012. Hopefully, we will post extracts here for the benefit of all our clients and potential one’s too.

Holland Condon Solicitors – Solictors in Kilkenny

Here is a copy of a lecture, we gave, some years ago, that may have some validity and interest today =

“LEGAL ASPECTS OF SETTING UP A BUSINESS

1. TYPES OF LEGAL ENTITIES

 Sole Trader – Can start straight away unless you require any licences; unlimited liability for all the debts of the business; the law makes no difference between your personal assets and the business assets; great exposure in the event of being sued for debts; have to protect your personal assets against seizure.

 Partnerships – Need for partnership agreement; partners are joint and severally liable; quite similar to position of sole trader.

 Companies with Limited Liability:
Separate Corporate Personality: Can be sued and sue in its own name; can hold property in its own name; Limited liability and veil of incorporation.
Disadvantages being formalities involved; annual returns, bureaucracy.

 Co-Operatives – Ethos behind them; 1 share 1 vote.
Don’t confuse people who trade with the name ending Company; must see the words Limited at the end of the name of the Company for it to be a proper Limited Liability Company.

2. REGISTERING LEGAL NAME

Limited Liability Companies and Co-Operatives registration requirements with the Companies Registration Office.
Further requirement for all businesses (including Companies) if they trade under a name different than their own e.g. John Murphy trades as Fast Farm Relief Company then registration necessary under the Registration of Business Names Act, 1963.

3. INSURANCE REQUIREMENTS

Limited obligations to have Insurance. A requirement in the case of motor vehicles under the Road Traffics Act, 1963.
Advisable to have Employers, Public Liability, Defective Workmanship and Professional Indemnity insurance.
Watch for excesses on insurance policy.
Discuss the position of using a company as a means of protecting the businessman.
4. LEGAL IMPLICATIONS OF TRADING

Entering into contractual agreements (oral or written) between you and your supplier/You and your customer.
Obligation to pay debts.
Negligence – Your duty of care to others (in particular customers)
Sale of Goods and Supply of Services Act – Goods must be of merchantable quality, fit for purpose required.
Business conditions – recommended; including terms of payment; interest charges; retention of title; Guarantee/Indemnity from a person rather than Company; excluding liability.
Consumer Credit Act, 1995 – doesn’t apply where you give say 90 days credit to somebody and that they are to pay the full sum at a point in time, but where the customer is to repay you by instalments with interest; Customer entitled to copy of agreement, 10 day cooling off period. Restrictions on contacting customer at work and home.
Dealing with debtors who are Limited Liability Companies – need for personal guarantees?
Recovering debts

5. INTELLECTUAL PROPERTY RIGHTS

 Copyright
Covers the like of literary dramatic works, musical works, artistic works, sound recordings, films and broadcast.

 Patents for discoveries.

 Trademark and design rights, i.e. its brand, heading, label, ticket name, signature, work letter, which appears on a good or related to services. Can be registered so as to obtain protection.

 Passing off

6. THE COMPETITION ACT

Attempting to create a level playing field for all competitors; prohibition on price fixing and quota fixing.

7. EMPLOYMENT LEGISLATION

Independent Contractor versus Employees difference.
Need to have Contract of Employment and furnish terms of employment details.
Many rights under the Employment legislation only come into play after the employee has been in the job for one year.
Wages Act; Unfair Dismissals Act; Maternity Leave; Health & Safety; Parental Leave Act, 1998 (14 weeks leave unpaid for either parent in respect of each of their children, 14 weeks until the child is five years) and is for the purpose of taking care of the child.
Holidays Act (4 weeks); Be careful when employing people under 18 years.”

Holland Condon, Lawyers located in Kilkenny, Ireland

Like everyone,we like to get value for money. No one likes to be ripped off, or feel that they are overcharged.

One maxim is very true and it’s “you get what you pay for”.

Recently, we received our financial accounts. It shows us that to stay open, it costs us €167 per solicitor per hour to have the doors open for business. Now, that’s just to pay wages, insurance costs, rent and all our overheads. So, in order to just break-even (i.e. not make a profit) each solicitor in this firm has to be making over €167 per hour.

People pay for our time. You can see from the above that our costs are driving up the fees we charge you. That’s it, plain and simple !

Holland Condon Solicitors, solicitors based in Kilkenny

We are delighted with the response to our discounted wills offer. Many of our clients were delighted to take up the offer, whilst those who got our postcard saw it as a prompt just to make a will.

Like all good things, it has to come to an end. We will close the offer on the 10th September 2011.

Holland Condon, a kilkenny solicitor firm.

On Monday last, the Irish Times had an opinion article on the legal profession, which left us Kilkenny solicitors speechless.

Here it is = http://www.irishtimes.com/newspaper/opinion/2011/0822/1224302805757.html

We had thought about responding but very often when wild allegations are made, it’s best to say nothing. One thing that does occur is that this Michael Casey is a board member of the IMF and he uses statistics and figures, without any substantiation. With his lack of professionalism, I am glad he no longer works for our Central Bank. God knows what he dreams up and tells the IMF !

Anyway, let us not get personal. A Dublin solicitor, whom we don’t know provided an eloquent response =
A chara, – Michael Casey (Opinion August 22nd) at best provides a relatively broad stroke view of the legal system and at worst a further damnation of a profession which suffers constant attack from the general public. In as much as there is nothing wrong with one expressing an opinion or outlining faults which they find within a profession I feel the tone of Mr Casey’s article and indeed his “typical civil case” somewhat lacking in understanding and realism.

In effect, Mr Casey has preferred to play to the gallery in touching on varied problems which may be encountered during the lifespan of any litigation matter, resulting in an unrealistic portrayal of the legal profession and the operation of the justice system. This portrayal leaves the impression that any matter which a plaintiff may seek to have heard before the court will immediately need to jump an “old boys’ club” or “elitist” hurdle before any progress is made.

This is simply not the case and there remains a lot to be said for those solicitors who still maintain a “no job is too small” outlook and service to clients. This rings particularly true in light of the somewhat obvious subject matter of Mr Casey’s “typical civil case”.

In short – there are problems with every profession. This is accepted and reform is always welcome. There are few occasions in the average person’s life when they require recourse through the courts. There is enough worry and anger in this country at present without further frightening the public or raising unnecessary concern based on such a broad analysis, which does not adequately reflect the true services provided by both solicitors and counsel at a time when we have all tightened our belts.

There is a greater “costs” issue at stake than that which Mr Casey refers to and that is one of reputation as a profession. Let no profession suffer on account of tongue-in-cheek analysis. – Is mise,
Solicitor’s name.

Recently, one of our colleagues (a Kilkenny solicitor) got stopped by customs & excise, who proceeded to take a fuel sample from his jeep. The kilkenny solicitor was taken aback that not one officer identified who they were nor did they indicate the statutory basis for their taking a sample.

The following is the response received to his complaint and query to revenue = “Further to your e-mail of the 23rd May 2011 regarding the operation of a roadside checkpoint.

I can confirm that this was a checkpoint operated by officers from Dublin enforcement unit Officer Ann L and Officer Warren G were the two officers involved in this case. Revenue Customs officers are entitled to operate checkpoints on public roads, An officer in uniform is authorised under S134 of the Finance act 2001 to stop a vehicle. The officer is entitled to take a sample of fuel under S135 of the Finance act 2001. There is no requirement to quote the statute under which a vehicle is requested to stop, unless specifically requested by the driver.

Both officers were in full uniform and the Customs Checkpoint signs were displayed to warn traffic that a checkpoint was in operation. As stated in officer L’s report “As I was in the middle of the road in full uniform stopping traffic it would be impossible for me to identify myself to every vehicle I stopped” It is normal practice that at checkpoints vehicles are requested to stop and pull in to the side of the road by means of hand signs. This is done to minimise the disruption caused to traffic This was the procedure followed at this checkpoint.

If you require any further clarification please feel free to contact me at any stage.

Regards

Michael McHugo New Customs House Promenade Road Dublin 3 +353 1 8776464. “