What is an Agency Company?

An Irish company is formed specifically to operate as a nominee or agent for a principal company – in effect the Irish company acts as a fiduciary or agent for the principal company.

How is it used and implemented?

The two companies sign an agreement which specifies the terms of the agreement between them. All business and sales is then conducted in the name of the Irish company, but on behalf of the principal company. The customer enters into a contract with the Irish company, is invoiced by them and pays the invoices into the bank account of the Irish company. Income is then remitted to the principal company by the Irish company after deduction of an agreed commission.

Ownership and Control of the Company

The Irish company is managed and controlled by the principal company and its officers, as is the bank account of the Irish company. It should be noted that the Irish company cannot trade within Ireland or with any Irish businesses.

The Irish company will pay tax on the profits which it makes on the fees retained in accordance with the agency or nominee agreement.

Why is it Used?

This structure is ideal for use as a European Trading structure where the receipts of invoices from a Non-EU company would not be acceptable.
This limits the difficulties normally experienced while directly dealing with Non-EU companies.

Apart from the practicality point of view as stated above there are also tax advantages

Low tax vehicle – Tax is only payable on 5-10% of turnover of the parent company.
Ideal where receipt from Non-EU company would not be acceptable.
Excellent for situations where an onshore profile is required.
Can be used effectively in EU VAT triangulation situations.

Corporate Structure

The Irish Agency Company is a popular trading vehicle with minimum exposing to Irish tax. A lrish Agency Company is only a subject to lrish taxation on the agency fee that it receives, for example 5% on the gross profit, minus administrative costs of the Irish company. Nevertheless high taxation rate 25%, a lrish company in an Agency structure is a tax efficient and cost-effective method for structuring the provision of services, commissions and general trading.

Typical Structure

rish company will enter an agency agreement with an offshore principal. The lrish company will undertake as agent to enter into contracts, commission agreements, etc. on account of and on behalf of the offshore principal:

Contracts for the purchase of products or services are concluded by the offshore principal directly or through the lrish company on the instruction of the offshore principal.

Contracts for the sale of products or the provision of services are concluded by the offshore principal directly (but formalized by the lrish company on the instruction of the offshore principal).

The lrish company to be instructed by the offshore principal for all action required to be taken.

lrish company will issue invoices with its VAT number. The lrish company will also sign documents and handle funds.

The lrish company cannot deal with lrish suppliers/service providers or lrish customers.

Taxation

A lrish company in an agency structure will only be subject to lrish taxation on the agency fee that it receives. The agency fee will generally be equivalent to 5% of the gross profit on transactions undertaken on behalf of the offshore principal. A lrish company in an Agency structure cannot rely on any of the lrish double tax treaties.

Irish company can conduct Agency Contract with Offshore principal.

All business is conducted in the name of the Irish company.

Corporate tax applies only on the agency commission that Irish company receives.

Financial statements will only disclose the agency fee as turnover. While turnover of the offshore principal is not exposed in the statutory accounts.