Terms and conditions
Irish Collection Agent Activity Service
STANDARD TERMS OF BUSINESS
Rentax - Rent Collection and Tax Planning is a trading name for the services of Taxback Returns Unlimited Company,
Ireland, hereinafter called Rentax and the Client hereby contracts with Taxback Returns to carry out the services
described herewith. The “Agreement” shall take effect from the Effective Date (as defined below). This Agreement sets
out the terms and conditions on which Rentax will supply the Services to the Client.
2.1. The following definitions will apply to this Agreement:
“Agreement” means these terms and conditions including any schedules or addendums which shall for all purposes
be incorporated into and form part of this agreement.
“Client” means a non-resident landlord, under the Irish tax residency rules, who signs this Agreement or who
acknowledges whether in writing or by any other means that he accepts the terms of this Agreement govern the
supply of Services to him by Rentax.
“Non-resident landlord” - person who rents out a property in the Republic of Ireland who is not resident, under the
Irish tax residency rules, in the State.
“Collection agent” – entity resident in the state who acts on behalf of the non-resident landlord in the receiving of
rent. The phrase ‘collection agent’ in this agreement covers the entity subject to the requirements of section 1034 of
“DPA” means the Data Protection Acts 1998 and 2003.
“Effective Date” means the date of signature, or electronic acceptance, of this Agreement.
“Fees” means the charges as per service agreement.
“Intellectual Property Rights” means all patents, rights to inventions, utility models, copyright and related rights,
trademarks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill
or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right,
topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any
other intellectual property rights, in each case whether registered or unregistered and including all applications for
and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the
“Personal Data” shall have the meaning set out in the Data Protection Act 1988 as amended.
“Receipts” means the invoices and receipts provided by the Client.
“Services” means any services provided by Rentax under this Agreement for the Client.
“TCA“ means Tax Consolidation Act 1997
2.2. In this Agreement, the following rules will apply:
2.2.1 A reference in this Agreement to the singular includes the plural and vice versa and words in one gender
includes both genders.
2.2.2 A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended
or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that
statute or statutory provision, as amended or re-enacted.
2.2.3 A person includes a natural person, corporate or unincorporated body (whether having separate legal
2.2.4 A reference to writing or written includes faxes, email or and any modes of representing or reproducing words
in a visible form including electronic form).
3.1. Rentax will act as an Irish Collection Agent under s1034 TCA 1997 on behalf of the Client for receiving the rental
income from a property or properties situated in the Republic of Ireland.
3.2. Rentax will register as the Client’s collection agent and obtain a new PPS number for the collection agent activity.
In case of one property owned by two or more non-resident landlords, a new PPS number is required for each non-resident landlord.
3.3. The Client will be assessable and chargeable to income tax in the name of Rentax.
3.4. Rentax undertakes to make annual tax returns and account to Revenue on behalf of the Client for any tax due in
respect of rental income received.
3.5. Rentax will provide bank account details with a unique identification reference per property per owner on behalf
of the Client. This unique identification must be used for each payment into the account in order to be recognized as
a receipt by Rentax.
3.6. Rentax will retain a sufficient portion of the monthly rent payment to satisfy the tax payable on the rents, plus the
preliminary tax due for the following year, as follows:
40% for annual rent receivable <= 13,000 in the first year, then 20% from the second year
50% for annual rent receivable > 13,000 < 41,000 in the first year, then 25% from the second year
60% for annual rent receivable > 41,000 < 55,000 in the first year, then 30% from the second year
70% for annual rent receivable > 55,000 < 80,000 in the first year, then 35% from the second year, and
80% for annual rent receivable > 80,000 in the first year, then 40% from the second year.
3.7. Rentax will make a provisional calculation of the tax liability due for the year plus any preliminary tax due, to
ensure that minimum amount of rent is retained on behalf of the Client.
3.8. Rentax agrees to prepare and file the Client’s annual tax return before the filing deadline of the tax year for
which Rentax acts as collection agent using the details from the collection agent activity. This is subject to the client
fulfilling all their responsibilities as outlined below.
3.9. Rentax will discharge the lawful tax liability with Revenue on behalf of the Client from the
funds held on behalf of the Client as per their statement of account with Rentax. Any excess of funds that stand as a
credit on behalf of the Client after submitting the annual tax return and paying the tax liability plus the preliminary
tax will be paid to the Client or kept to cover future tax liabilities, on agreement with the Client.
3.10. Rentax does not deal with tenants in terms of financial matters such as not paying the rent due in full and on
time. All such matters are the Client’s sole responsibility.
3.11. Services are available from the date the form is processed by Revenue and the collection agent PPS number for
the non-resident landlord is assigned.
3.12. Rentax reserves it’s right to outsource the collecting of rent to third parties such as Estate Agents and other,
however, the actual person who is collecting the rent is obliged to deduct and pay to Rentax the sufficient portion
of the monthly rent payment under para 3.6 above to satisfy the tax payable on the rents plus the preliminary tax
due and all fees related to this service such as the fee for the preparation and filing of annual tax return, monthly
administration fees and other fees under para 5 below.
4. CLIENT RESPONSIBILITIES
4.1. The Client warrants that it will comply with all its obligations set out in this Agreement.
4.2. The Client will sign a Power of Attorney to authorise Rentax to act as collection agent and tax agent before
4.3. To enable Rentax to provide the Services, the Client will promptly deliver such information and documentation as
Rentax reasonably requires to supply the Services.
4.4. Where original versions of documentation are required by Rentax the Client is responsible for ensuring that it has
photocopied such documentation before providing it to Rentax.
4.5. The Client warrants that all documentation and information provided is true and accurate and is provided in
good faith and does not contain information likely to mislead Rentax or result in any claims being made against
4.6. Rentax relies on the accuracy and completeness of the information provided and timely communication with the
Client in connection with the Services.
4.7. The Client has full responsibility for the tax return and the information contained therein and should review the
tax return summary provided carefully for accuracy and completeness before authorisation for submission.
4.8. The Client understands that failure to comply with the filing deadline may result in a penalty surcharge for late
filing together with interest per day and penalties imposed at the discretion of the relevant Tax Authorities.
4.9. On signing this Agreement, the Client shall notify its tenant of the requirement to pay the monthly rental
amounts to Rentax to the nominated bank account with the unique identification provided to be included as a
reference in the payment.
4.10. Copy of the updated rental agreement should be delivered by the Client to Rentax before Rentax commences
provision of the Services under this agreement.
4.11. The Client should ensure that full monthly rent is paid by the tenant or tenants to Rentax.
4.12. The Client is the only one responsible to deal with tenants in terms of financial matters such as paying the
rent due in full and on time into the collection agent’s nominated bank account. It is the responsibility of the Client
to ensure that the tenants use the unique reference identification assigned for the property. Where this unique
identification is not used by the tenant, any funds lodged to the nominated bank account will remain as unallocated
receipts and it will be the responsibility of the landlord to advise Rentax of the date, amounts and transaction
reference ofthe payments that relate to their property.
4.13. The Client shall provide Rentax on a timely basis of any changes to the rental payments with details of these
4.14. For the purposes of estimating the provisional tax liability and retaining minimum rent from the payment, the
Client shall provide Rentax -with any lawful expenses incurred for the property during the year of assessment.
4.15. If Rentax’s performance of any of its obligations under the Agreement is prevented or delayed by any act or
omission by the Client or failure by the Client to perform any relevant obligation (Client Default):
4.15.1 Rentax shall, without limiting its other rights or remedies, have the right to suspend performance of
the Services until the Client remedies the Client Default, and to rely on the Client Default to relieve it from the
performance of any of its obligations to the extent the Client Default prevents or delays Rentax’s performance of any
of its obligations;
4.15.2 Rentax shall not be liable for any costs or losses sustained or incurred by the Client arising directly or indirectly
from Rentax’s failure or delay to perform any of its obligations as set out in this agreement; and
4.15.3 the Client shall reimburse Rentax on written demand for any costs or losses sustained or incurred by Rentax
arising directly or indirectly from the Client Default.
5. FEES CHARGEABLE
(i) An initial setup fee for registration of Rentax as the non-resident landlord’s collection agent of €100 will be
charged. This will cover the preparation and filing of the relevant tax form for registering as the landlord’s Irish
Collection Agent and issuing of a new PPS number for the collection activity on behalf of each non-resident
landlord. This setup fee must be paid up front.
(ii) A fee of €282 is payable for the preparation and filing of the annual tax return on behalf of the Client. This fee
will be collected from the first rental income payment into theRentax nominated bank account. If no funds are
available, the Client is required to prepay the fee for the preparation of his annual tax return.
(iii) A monthly administration fee of €30 will be charged each month, payable per property and per owner. This
will be deducted from the rental income received each month. The balance of rent, after all fees and rent retained
for the payment of taxes are deducted, will be repaid to the Client’s nominated bank account within 10 working
days, after the monthly rent is allocated to the account of the landlord.
(iv) Where Rentax is charged with a bank fee on incoming rental payments such costs will be on the Client’s
account and not a cost of Rentax. The value of funds received into the Rentax bank account will be the amount
recorded as received on behalf of the client.
(v) Rentax reserves the right to charge a payment administration fee on outgoing payments to the landlord
depending on the payment option chosen and the location of the payee bank account.
(vi) Negative interest will be charged on funds held for the Client. This will apply to unallocated receipts and
amounts relating to tax withheld. Negative interest will be charged on these funds at the rate charged to us by
(vii) Above fees are valid as at the date of this agreement and are valid for the current tax year. Fees will be subject
to review on an annual basis and the client will be advised of any fee changes in writing.
6. INTELLECTUAL PROPERTY
All Intellectual Property Rights in or arising out of or in connection with the Services shall be owned by Rentax.
7.1. Nothing in this Agreement shall limit or exclude either party’s liability for:
a) death or personal injury caused by its negligence; or
7.2. Rentax’s aggregate liability in respect of any loss, damage, liabilities and expenses suffered by the Client in
respect of any Service and arising out of or in connection with this Agreement, whether in contract, tort (including
negligence) or for breach of statutory duty or in any other way whatsoever, shall not exceed the annual fees paid or
payable by the Client for the relevant Service.
7.3. Rentax shall not be liable to the Client, whether in contract, tort (including negligence), breach of statutory
duty or in any other way whatsoever for any of the following suffered or incurred by the Client arising out of or in
connection with this Agreement:
7.3.1. any loss arising from or in connection with loss of revenues, profits, data, contracts or business or failure to
realise anticipated savings; and
7.3.2. any loss of goodwill or reputation or any special, indirect, or consequential losses.
7.4. The Client shall indemnify and hold Rentax harmless from and against any and all losses, demands, claims,
damages, costs, expenses, and liabilities suffered or incurred, directly or indirectly, by Rentax in consequence of any
breach by the Client of any of its obligations and warranties under this Agreement.
7.5. Rentax sets out in writing any advice on which the Client may wish to rely.
7.6. Rentax calculates the Client’s liability to its ability however, the liability is subject to final agreement with the
relevant Tax Authorities.
7.7. In case of funds not sufficient to cover the tax liability for the year of assessment plus any preliminary tax due,
Rentax will collect the shortage of funds from any future rent received. If such funds are not available, the Client is
obliged to transfer these to Rentax’s bank account immediately.
7.8. Under certain limited circumstances, Rentax will report only actual income received in its bank account
considering this is the total income reportable for the tax year.
7.9. Rentax reserves its right to report a nil income return thus Rentax is not considered accountableon behalf of the
8. TERM & TERMINATION
8.1. The Agreement to allow Rentax to co-ordinate and communicate with the Client and relevant Tax Authorities
shall remain in full force until the contract is terminated by either party.
8.2. Either party may terminate this Agreement with immediate effect by written notice to the other:
8.2.1. if the other party commits a material breach of the Agreement and (if such a breach is remediable) fails to
remedy that breach within 14 days of that party being notified in writing of the breach;
8.2.2. if the other party becomes or is declared insolvent or takes formal steps to commence bankruptcy or makes or
proposes any composition with its creditors or the appointment of a receiver or similar officer over or in respect of
some or all of its assets or the taking of steps for dissolution or strike off.
8.2.3. a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the
winding up of that other party.
8.2.4. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its
8.2.5. the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is
incapable of managing his own affairs or becomes a patient under any mental health legislation.
8.3. Rentax may terminate this Agreement with immediate effect if it has concern over legality of activities of the
Client or if the Client fails to co-operate.
9. CONSEQUENCES OF TERMINATION
On termination of the Contract for any reason:
9.1. The Client shall immediately pay to Rentax all of Rentax’s outstanding unpaid invoices and interest and, in respect
of Services supplied but for which no invoice has been submitted, Rentax shall submit an invoice, which shall be
payable by the Client immediately on receipt.
9.2. The accrued rights, remedies, obligations and liabilities of the parties as at expiry or termination shall not be
affected, including the right to claim damages in respect of any breach of the Agreement which existed at or before
the date of termination or expiry.
9.3. Clauses which expressly or by implication have effect after termination shall continue in full force and effect.
A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications,
inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving
Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential
information concerning the Disclosing Party’s business or its products or its services which the Receiving Party
may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees,
agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under
the Agreement, and shall ensure that such employees, agents or subcontractors are subject to obligations of
confidentiality corresponding to those which bind the Receiving Party. This clause 10 shall survive termination of the
11. DATA PROTECTION
11.1. Rentax and the Client are each responsible for complying with their respective obligations under the DPA.
11.2. Rentax as data processor under the DPA shall process the Personal Data in the documentation only in accordance
with this Agreement.
11.3. Rentax shall take such technical and organizational measures against unauthorized or unlawful processing of
such Personal Data in the documentation and against accidental loss or destruction of,
or damage to, such Personal Data as recommended by Client’s written instructions.
12.1. This Agreement will be interpreted and construed according to, and governed by the laws of the Republic of
Ireland and the Courts of Ireland shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or
in connection with this Agreement.
12.2. Neither party will be held in breach of the Agreement in the event of any delay or failure to perform its
obligations by reason and to the extent and duration (only) of any force majeure event.
12.3. Each of the parties acknowledges and agrees that the Agreement constitutes the entire agreement between
the parties. The Client acknowledges it has not relied on any statement, representation, warranty, understanding,
undertaking, promise or assurance (whether negligently or innocently made) given by or on behalf of Rentax which is
not set out in this Agreement.
12.4. The terms of this Agreement apply to the exclusion of any other terms that the Client seeks to impose or
incorporate, or which are implied by trade, custom, practice or course of dealing.
12.5. Rentax may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its
rights under the Agreement and may subcontract or delegate in any manner any or all of its obligations under the
Agreement to any third party or agent. The Client shall not, without the prior written consent of Rentax, assign,
transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under the
12.6. Any variation, including the introduction of any additional terms and conditions to the Agreement, shall only be
binding when agreed in writing and signed by Rentax.
12.7. A person who is not a party to the Agreement shall not have any rights under or in connection with it.
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