Retirement Relief provides relief from CGT on the disposal of trading assets or shares in trading companies. To qualify for this relief, the main conditions are that the individual must be aged 55 or over and must be disposing of or transferring qualifying business assets. In addition, the individual must have been a working director of the company for 10 years and a fulltime working director for at least 5 of the years prior to the transfer.
The latter condition can be a stumbling block for many individuals seeking to claim this relief. For example, an individual may be a director of more than one company and therefore may not meet the full-time working director requirement.
The Finance Bill 2023 introduced changes on the restrictions that apply on retirement relief. These changes will come into effect from 1 January 2025.
Disposals to Children
At present, if the individual disposing of the qualifying assets is aged between 55 and 65 years of age and the disposal is to a child, full relief may be claimed. From 66 onwards the relief is restricted to €3 million. The changes will now restrict relief available for individuals between 55 and 69 to €10 million. From 70 onwards the relief will be restricted to €3 million.
Disposals to Persons other than a Child
Under the current rules, there is full relief on disposals of qualifying assets up to a value of €750,000 where the disposal is made between ages of 55 and 65. From 66 onwards the cap is reduced to €500,000. The new rules will extend the €750,000 relief up to the age of 69. Similarly the €500,000 cap will be from the age 70 and onwards.
The table below summarises the new rules:
Disposal to:
Current Rules:
Changes – effective 1 January 2025:
Child
Unrestricted relief up to 65 years
From 66 years onwards relief restricted to €3m
Up to 69 years relief restricted to €10m
From 70 years onwards relief restricted to €3m
Person other than a child
Full relief on disposal of qualifying assets of up to €750k up to the age of 65
From 66 years onwards the cap is reduced to €500k
€750k is extended to 69 years
From 70 years onwards cap is reduced to €500k
Please contact us if you have any queries in relation to the changes to CGT Retirement Relief for Individuals.
The shift of share options from the Irish self-assessment system to PAYE withholding from 1 January 2024 is a significant change arising from Finance (No. 2) Bill 2023. Prior to this, employees were required to report and remit taxes within 30 days of exercising an option on Form RTSO1. Additionally, they were required to file an income tax return for the relevant year.
The changes set out in the Finance Bill outline that under the new system, employers are now required to report and make withholdings under the PAYE system on any gains arising after 1 January 2024 on the exercise, assignment or release of share options by employees.
What do employees need to be aware of?
The self-assessment regime continues to apply to gains arising on or before 31 December 2023, as does the obligation to register for Relevant Tax on Share Options (RTSO).
Share option gains is an area of focus for Revenue, therefore employees should ensure that their tax filings (Form RTSO1 and Income Tax returns) and payments in relation to relevant tax on share option exercises are up to date.
Failure to submit an income tax return in any year will result in a surcharge being applied by Irish Revenue. The surcharge is as follows:
5% of the tax due up to a maximum of €12,695 where the income tax return is made within 2 months of the return filing date, or
10% of the tax due up to a maximum of €63,485 where the return is made more than 2 months after the return filing date.
How can Crowleys DFK help?
Our tax team can support employees with preparing and filing income tax returns and RTSO1 returns in respect of share options exercised. Please contact us for assistance.
https://www.crowleysdfk.ie/wp-content/uploads/shutterstock_243149086-scaled.jpg17142560Alison Bourkehttps://www.crowleysdfk.ie/wp-content/uploads/crowleysdf-chartered-accountants-1.pngAlison Bourke2024-02-19 10:54:262024-02-19 10:54:26Share Options: New PAYE Withholding Requirements from 1 January 2024 – How does this Impact Employees?
Individuals who file income tax returns and companies who file corporation tax returns have an obligation to pay preliminary tax:
1. Individuals
Preliminary tax is your estimate of the Income Tax, PRSI and USC that you expect to pay for a tax year. You must pay this by 31 October of the tax year in question.
The amount of preliminary tax for a year must be equal to, or more than, the lowest amount of the following:
100% of the tax due for the immediately previous tax year
90% of the tax due for the current tax year
It is necessary that you make a sufficient preliminary tax payment based on the above rules, as we have seen Revenue impose interest on underpayments.
As income tax returns are filed a year in arrears, i.e. your 2023 tax return will be due in October 2024, it is important to note that if you do not make a preliminary tax payment for the year in question, interest at a rate of 0.0219% will be incurred from the date that the payment was due.
For example, your 2023 tax return is due for filing on 31 October 2024. Your preliminary tax payment would have been due for payment on 31 October 2023. If you did not make the payment on 31 October 2023, Revenue may impose interest from 31 October 2023 when you file your return in 2024.
2. Companies
Irish resident companies and non-resident companies must pay Corporation Tax on taxable profits if:
a resident company trades in Ireland
a non-resident company trades in Ireland through a branch or agency
from 1 January 2022, a non-resident company is in receipt of profits or gains in respect of rental property in Ireland.
The rules of when a company should make their preliminary tax payment depends on whether they are classified as a Small Company or Large Company.
Small Companies
A small company is a company whose CT liability is not above €200,000 in the previous accounting period.
Small companies can base their preliminary tax for an accounting period on:
100% of their CT liability for the previous accounting period
90% of their CT liability for the current period (and there is provision for a top up payment to be made).
This must be paid on the 23rd of the eleventh month after the accounting period ended. For example, if the company’s year end is 31 December 2024, preliminary tax is due by 23 November 2024.
Large Companies
Large companies can pay their preliminary CT in two instalments when their accounting period is longer than seven months. The first instalment is due on the 23rd of the sixth month of the accounting period. The amount due is either:
50% of the CT liability for the previous accounting period
45% of the CT liability for the current accounting period.
The second instalment is due on the 23rd of the eleventh month. This will bring the preliminary tax up to 90% of the final tax due for the current accounting period.
For example, if the company’s year end is 31 December 2024, and they are a large company, the first instalment of preliminary tax is due on the 23rd of June and the 2nd instalment is due on the 23rd of November.
If preliminary tax isn’t paid by the above dates, interest is due at a daily rate of 0.0219% on late payments or payments that are not made in full. The interest is calculated by multiplying together the:
amount of tax underpaid
number of days the tax is late
interest rate.
If you have any queries about your preliminary tax obligations, please contact us.
On 5 February 2024, the Minister for Finance, Michael McGrath, announced significant changes to the Tax Debt Warehousing Scheme.
The Tax Debt Warehousing Scheme allowed businesses who experienced trading difficulties during the COVID-19 pandemic to defer paying certain tax liabilities until they were in a better financial position.
Minister McGrath has reduced the interest rate applying to warehoused tax debt to 0% from 5 February 2024. In addition, Revenue has confirmed that, where a business has already paid warehoused debt, which was subject to interest at 3%, it will get a refund of that interest.
Businesses who availed of this Scheme still have until 1 May 2024 to pay the warehoused debt in full or to enter into a formal payment plan with Revenue. Revenue confirmed that it is taking a flexible approach in relation to payment plans for warehoused debt. This will include the possibility to extend the duration of payment plans beyond the typical three to five-year duration on a case-by-case basis, and that an initial down payment may not always be required.
If you would like our assistance with agreeing a payment plan with Revenue, please contact us.
From January 1st 2024, changes have been made to the Public Spending Code (PSC) concerning infrastructural and large-scale capital projects. The new “Infrastructure Guidelines”, which have replaced the PSC requirements for capital expenditure as previously outlined in Public Spending Code: A Guide to Evaluating, Planning and Managing Public Investment, December 2019, apply to all Government departments, local authorities, the HSE, public bodies, and any other body in receipt of public funding. The new “Infrastructure Guidelines” describe a new project lifecycle, with a series of stages to be completed prior to implementing a project. Here we will cover the key areas you should be aware of, while our Expert Team is available to provide further explanation and assistance.
Key Players in the new Guidelines
Addressed mainly to stages in project lifecycle relating to evaluation, planning and management of public investment projects, the “Infrastructure Guidelines” create new responsibilities for key individuals involved in these areas. Three individuals or positions are of particular importance, these being the Accounting Officer (AO), the Approving Authority (AA), and the Sponsoring Agency (SA).
The AO’s responsibilities are considerable here. It falls to the AO to ensure that their Department/Office/Body and any other relevant agency under their remit are compliant with these guidelines. Additionally, the AO is responsible for managing the budgets of the individual projects and the capital budget for their area overall.
Ultimately the AO is responsible for the project and the “Infrastructure Guidelines” provide a wide range of specific responsibilities for the AO to fulfill, such as monitoring the project as it is implemented and Assessing the Final Business Case. Alongside the AO in fulfilling these responsibilities is the AA, referring to the Department funding the project. Both the AO and AA should be aware of the wide-ranging responsibilities set out in the “Infrastructure Guidelines”.
The SA may be a government department, local authority, state agency, higher education institute, cultural institution or other state body and its responsibilities lie in evaluating, planning and managing public investment projects. Again the “Infrastructure Guidelines” set out key tasks that must be fulfilled.
Stages in Project Lifecycle
The core of the new “Infrastructure Guidelines” relates to the new stages of the project lifecycle which have been established and which all projects must follow. The new guidelines focus on three preliminary stages in the lifecycle which occur prior to implementation, these being:
Strategic Assessment & Preliminary Business Case
Pre-tender – Project Design, Planning and Procurement Strategy
Post Tender – Final Business Case
It should be noted that the guidelines provide a simplified version of this process for projects with an estimated capital cost of less than €20m. For these projects, the following two approval stages must be fulfilled prior to implementation:
Preliminary Business Case
Post Tender – Final Business Case
The “Infrastructure Guidelines” emphasise that these stages are “incremental”. This means that a project is not locked in merely from having passed the first or second stage. Should a project at, for example, the third approval stage, be deemed to be no longer worthwhile for whatever reason, the project can be set down.
Extensive guidelines for following these phases have been made available by the Department of Public Expenditure, National Development Plan Delivery and Reform. Below are the key areas relevant parties should consider:
1. Strategic Assessment & Preliminary Business Case
This “Strategic Assessment” refers to the process of determining and defining the rationale for a project and ensuring that it is in line with government policy. This assessment should be submitted to the Approving Authority which will then, if acceptable, move the project to the Preliminary Business Case.
At this stage, the Sponsoring Agency must develop a Business Case which sets out, for instance, the investment rationale and objectives of the project. It should include a description of the short-list of potential options to deliver objectives set out, assessment of affordability within existing resources, assessment of delivery risk, and several other areas. The purpose of the Preliminary Business Case, then, is to provide the AO and AA with information regarding the viability and desirability of public spending proposals. It also creates a framework for assessing a project’s costs, benefits, affordability, deliverability, risks and sensitivities.
2. Pre-tender – Project Design, Planning and Procurement Strategy
The purpose of this stage is to develop the options set out in the Preliminary Business Case, with the end goal of developing a Detailed Business Case which will set out procurement strategy and project execution plan. This is a process of reviewing and confirming assumptions; approval from the AO and AA here moves a project to Tender. The critical issue to be considered in the Design and Planning Stage is ensuring that output requirements are given strong definition to avoid amendments later in the project.
3. Post Tender – Final Business Case
The development of the Final Business Case represents the final stage in the approval process for a project. Again the purpose here is to subject a project to critical scrutiny, using understanding developed relating to costs, benefits, risks, and delivery and applying this. The Final Business Case will be the document which will be used by the Approving Authority to determine whether a project is to progress to the award of contracts. It should be noted that this occurs after tendering. However, completion of the tendering process does not represent the award of a contract.
Major Projects
As noted above, for projects costing below €20 million, the above process has been simplified, requiring a Preliminary Business Case and a Final Business Case. For projects costing above €200 million, considered as “major projects” in the new guidelines, there are additional requirements in the project lifecycle.
Specifically, all “major projects” must, at the Preliminary Business Case stage, pass through an External Assurance Process. Furthermore, at this same stage, the Preliminary Business Case must be submitted to and reviewed by the Major Projects Advisory Group. Finally, Government consideration must be given to the project at both the Preliminary Business Case and Final Business Case stages.
Contributors
Vincent Teo Partner & Head of Public Sector & Government Services
https://www.crowleysdfk.ie/wp-content/uploads/shutterstock_590291639-scaled.jpg17072560Alison Bourkehttps://www.crowleysdfk.ie/wp-content/uploads/crowleysdf-chartered-accountants-1.pngAlison Bourke2024-01-29 08:45:412024-02-06 09:33:38Infrastructure Guidelines – Outline of Changes to the Public Spending Code
In recent years, the European Union (EU) has been at the forefront of environmental regulation and policy actions aimed at mitigating climate change. In this regard, two of the most important policy changes that entities should be aware of are CSRD and ESRS, which we will discuss in this article.
CSRD and ESRS form part of a broader European regulatory landscape that aims to accelerate a green and just transition. These measures were triggered by the European Green Deal, a set of policy initiatives with the overarching aims of making the EU climate neutral by 2050, to decouple economic growth from resource use and to ensure that no person and no place are left behind.
What is CSRD?
CSRD stands for Corporate Sustainability Reporting Directive, an EU Directive that came into force on January 5, 2023. The aim of the Directive is to strengthen standards regarding how organisations report their environmental, social and governance (ESG) information. Furthermore, it aims to introduce a comprehensive and standardised means for entities within scope to disclose information regarding the sustainability-related impacts of their activities and thereby provide increased transparency to investors, funding bodies and institutions, consumers, the general public and other stakeholders on the impact their entities have on people and the environment.
The CSRD builds on the existing requirements of the Non-Financial Reporting Directive (NFRD) by expanding the number of entities required to mandatorily report on sustainability matters and to increase the level of information and disclosures required to be reported.
All EU member states have been given a maximum of 18 months to incorporate the provisions of the European CSRD into their national law.
What is ESRS?
ESRS stands for European Sustainability Reporting Standards. The European Commission adopted these standards on 31st July 2023. The ESRS are the sustainability reporting standards that entities subject to the CSRD will be required to apply.
The standards address a wide range of environmental, social, and governance challenges. Initially, the ESRSs consist of 12 standards including:
2 cross-cutting standards
ESRS 1 General Requirements and ESRS 2 General Disclosures
5 sector agnostic environment standards
ESRS E1 Climate Change
ESRS E2 Pollution
ESRS E3 Water and Marine Resources
ESRS E4 Biodiversity and Ecosystems
ESRS E5 Resource Use and Circular Economy
4 sector agnostic social standards
ESRS S1 Own Workforce
ESRS S2 Workers in the Value Chain
ESRS S3 Affected Communities
ESRS S4 Consumers and End Users
1 sector agnostic governance standard
ESRS G1 Business Conduct
Other ESRSs including sector-specific standards, SME proportionate standards and third-country company standards are expected to follow in the coming years.
The ESRSs are comprehensive in scope and require entities to rethink their reporting and sustainability strategies, resulting in significant changes to how entities will report on their ESG impacts going forward.
These new reporting requirements for entities will be phased in over time.
What is the CSRD Implementation Timeline?
Entities will come within the scope of the CSRD in four waves depending on the size and nature of the entities and the effective dates for reporting are as follows:
FY 2024 (Report in FY 2025)
Large undertakings and large groups with more than 500 employees that have securities listed on an EU-regulated market (i.e. Listed PIEs)
All entities currently subject to NFRD
Non-EU companies that have securities listed on an EU-regulated market and who meet the above criteria
FY 2025 (Report in FY 2026)
EU PIEs with less than 500 employees
All other large undertakings and large groups
FY 2026 (Report in FY 2027)
SMEs listed on an EU-regulated market
Certain small and non-complex institutions
Captive insurance undertakings
Note however that listed SMEs may opt out until years commencing January 1, 2028 and separate disclosure standards are expected to be developed for these SMEs.
FY 2028 (Report in FY 2029)
Ultimate non-EU parent companies who have generated net turnover of greater than €150m in the EU for each of the last 2 consecutive years and who have at least either a large subsidiary in the EU or an EU branch generating a net turnover of greater than €40m in the preceding year
Note however that separate disclosure standards are expected to be developed for ultimate non-EU parent companies.
What is a large undertaking?
Currently a large undertaking is defined as a large EU company or an EU company that is a parent of a large group where at least two of the following three criteria are exceeded on two consecutive balance sheet dates:
> 250 average number of employees in the financial year
> €40 million turnover
> €20 million total assets
How many entities are expected to be subject to CSRD?
It is currently estimated that approximately 49,000 entities will be subject to CSRD across the EU. This is a significant increase on the estimated 11,000 entities currently subject to NFRD.
What is the scope of the sustainability reporting requirements?
Entities in scope will be required to report on a double materiality basis. This means that entities will have to disclose not only the impacts on financial performance they face from a changing climate and other ESG matters (i.e. financial materiality), but also the impacts they themselves may have on the environment and society (i.e. impact materiality). If a matter is material from either viewpoint then an entity must disclose it.
The type of sustainability information that each entity will be required to disclose will depend on the specific circumstances and characteristics of each entity and their activities. However, generally entities will be required to disclose information on governance, climate, strategy, management of risks and opportunities, and various metrics and targets related to ESG matters.
Entities within the scope of CSRD will automatically also be in scope of Article 8 of the EU Taxonomy Regulation which requires reporting in respect of three KPIs and for eight qualitative disclosures to be made.
Entities will also have to consider and provide ESG information in respect of their entire value chain. However, to assist entities with the transition to the new requirements, for the first three years of reporting, where all reportable information on the value chain is not available, entities may elect to explain the efforts made to obtain this information, the reasons why the information could not be obtained and the plans the entity has to obtain the information in the future.
Where should entities report the required ESG information?
The information required by the ESRSs should be reported within the Directors’ Report and published with the entity’s annual financial statements.
In what format should entities report?
Entities must report sustainability information in a format that is both human readable and machine readable. Reports will have to be created in accordance with the European Single Electronic Format and be electronically tagged.
Is independent third-party assurance mandatory?
The assurance of ESG information by an appropriately qualified third party (which subject to national law options may include statutory auditors and other assurance service providers) is mandatory for those entities that fall within the scope of CSRD. Initially the level of assurance to be provided will be limited but over time the aim is for the level of assurance required to move to reasonable i.e. similar to the level of assurance currently required in respect of the annual audit of financial statements.
In order for an assurance provider to be able to provide an assurance opinion it will be crucial for the ESG data reported by entities to be verifiable. Similar to financial reporting, entities will therefore need to establish sound control frameworks over the capture and reporting of ESG data. A core element of this will be the establishment of effective ESG governance structures and the tone from the top. Roles and responsibilities of all involved in collecting ESG data will need to be clearly defined, where the data is stored and / or who holds the data (internally or externally) will need to be identified, systems for the collection and processing of the data will need to be determined, implemented and controlled and the data will ultimately need to be validated internally in the first instance before it is submitted to the assurance provider for audit.
If you require further information in relation to sustainability and future reporting requirements, please reach out to Natalie Kelly (Partner, Audit & Assurance), Fiona O’Sullivan (Director, Risk Consulting) or Ciara Long (Senior Associate, Audit & Assurance) for assistance.
From January 1st, new Central Government Accounting Standards (CGAS) will see significant reform of financial reporting for all Government Departments and Offices of Government. These new standards, being based on the International Public Sector Accounting Standards (IPSAS) generally favoured by the European Commission, aim to modernise financial reporting in Ireland along lines proposed by successive IMF and OECD reports.
The CGAS will change how public sector Vote accounts are to be prepared, requiring that financial statements also include information prepared on an accruals basis in the Statement of Financial Position. This article will run through the key changes imposed by the CGAS and explain the principles behind these.
Requirements
The CGAS coming into effect from January 1st are envisioned as a stage in a wider process of reform of financial reporting in Ireland. For the moment, the CGAS and their requirements apply to the following bodies:
All Departments and Offices of Government
The Houses of the Oireachtas Commission
The National Training Fund
The Social Insurance Fund
For these bodies, the CGAS imposes requirements as to how their Statements of Financial Position are presented. Specifically, they are now required to account for all of the following in their Statements:
For each of these areas, a relevant CGAS detailing the exact requirements has been prepared by the Department of Public Expenditure, NDP Delivery and Reform. In addition, each of the CGAS has been provided with a manual, or Central Government Accounting Manual (CGAM). These manuals provide guidance on how the CGAS should be implemented and are a support for Finance Officers working to bring their organisation into line with the CGAS.
Government documents relating to the CGAS have emphasised that all relevant bodies must ensure that the principle of materiality is observed in their financial reporting. As an accounting principle, materiality requires that financial statements include all information and items that relevant decision makers, such as investors, might consider to impact their activity. In other words, an organisation’s economic activity can be considered to be material if it might be of interest to any and all bodies which would view that organisation’s financial statements.
In principle, then, the CGAS are to replace a cash-based system of financial reporting with reporting carried out on an accruals basis. Under the CGAS, an organisation must record economic activity regardless of whether cash was exchanged or involved in that activity. For example, under the CGAS, contingent liabilities such as guarantees, where no cash exchange has yet occurred, have to be reported.
Transitions and Enforcement
As noted, the CGAS are being adopted as part of a modernisation of Irish financial reporting, with the aim of bringing Ireland into line with the majority of OECD and EU countries. Ultimately, this reform project will formalise accrual accounting financial reporting in Ireland. Given that this reform is to secure the international credibility of financial reporting in Ireland, Central Government guidance has emphasised the importance of compliance with the CGAS.
Where a relevant body is unable to comply fully with any of the CGAS, sanction for a temporary derogation should be secured from the Government Accounting Unit in the Department of Public Expenditure, NDP Delivery and Reform. This application should include a timeline for how the body will build its compliance with whatever elements of the CGAS it cannot currently meet. This sanction will have to be renewed on an annual basis; sanction received in 2024 will not apply in 2025, and so on. Where a Department or Office is non-compliant, this must be stated in their Statement of Accounting Policies and Principles in the Appropriation Accounts, as should whether any temporary derogation has been received.
It should be noted that as government reform of financial reporting is an ongoing project, future CGAS with new requirements are imminent. Continued monitoring of this area is recommended to ensure key reforms are not missed.
Contributors
Vincent Teo Partner & Head of Public Sector & Government Services
https://www.crowleysdfk.ie/wp-content/uploads/shutterstock_658318573-scaled.jpg17062560Alison Bourkehttps://www.crowleysdfk.ie/wp-content/uploads/crowleysdf-chartered-accountants-1.pngAlison Bourke2024-01-09 16:15:482024-01-24 14:58:26Central Government Accounting Standards – What You Need to Know
As 2023 draws to a close, we reflect on the first year of our two-year partnership with Aware, marked by a significant fundraising total of €17,436.
Throughout the year, we participated in various fundraising events organised by Aware including the Liffey Loop, Resilience Lunch and Corporate Golf Day. Additionally, our employees generously signed up to our Donate As You Earn (payroll giving) programme and took part in a number of other internal initiatives.
Beyond fundraising, we partnered with Aware to provide learning and development opportunities for our employees in the area of mental health. Notably, our senior leadership team attended a half day workshop on Managing Mental Health in the Workplace. This informative workshop provided valuable insights and practical tips for developing mental health conversations. It received very positive feedback from all participants.
Speaking about our partnership with Aware, James O Connor, Managing Partner, commented:
“Looking back on 2023, we appreciate the contributions of our employees which not only led to a substantial fundraising achievement but has also actively promoted awareness and understanding of mental health within our firm. We look forward to building on these foundations in 2024.”
Drew Flood, Business Development Manager in Aware, commented:
“I want to thank everyone in Crowleys DFK for the wonderful contribution you have made over the last year. It has been absolutely brilliant working with you.
I want to thank you for the money you have raised but more importantly I want to thank you for highlighting ‘having the conversation about mental health’ in the organisation and attending our educational workshops.
We have had over 30,000 calls on our support line this year and at the end of the year we will have over 50,000 people contacting Aware. Your contribution has really made a big difference to all the service users. On behalf of everyone in Aware a big thank you to everyone in Crowleys DFK and thank you for putting mental health on the map!”
In the ever-evolving landscape of the modern workplace, adaptability is key. We value the flexibility of our employees in effectively carrying out their job responsibilities, all the while providing the highest level of support to our clients.
We are excited to announce the latest addition to our suite of work-life balance and flexibility policies: a “Work from Anywhere” Policy.
The policy allows employees to perform the duties of their employment, away from their Crowleys DFK office for temporary periods within the working year, including time spent outside Ireland.
James O’Connor, Managing Partner commented:
“Our decision to embrace a Work from Anywhere policy is rooted in the understanding that the future of work is dynamic, and Crowleys DFK are committed to staying ahead of the curve. This policy is designed to empower our employees by enhancing the work experience and further cultivate a supportive work environment that values work-life balance, flexibility and inclusivity.”
The shift of share options from the Irish self-assessment system to PAYE withholding from 1 January 2024 is a significant change arising from Finance (No. 2) Bill 2023. Prior to this, employees were required to report and remit taxes within 30 days of exercising an option on Form RTSO1. Additionally, they were required to file an income tax return for the relevant year.
The changes set out in the Finance Bill outline that under the new system, employers are now required to report and make withholdings under the PAYE system on any gains arising after 1 January 2024 on the exercise, assignment or release of share options by employees.
While employees are certain to welcome this change, companies have been given a limited time frame to implement additional procedures to ensure they are compliant with the new obligations.
What should employers do to prepare for the upcoming change in employer reporting obligations?
It is advisable that employers communicate this change in the tax treatment to their employees. Companies should also update their share option plan documentation in light of this change.
Employers will need to review the share option plan documentation in the context of funding the liabilities. This is because employees will need to be able to fund the tax liability collected through the PAYE system. A number of shares (received from the exercise) may need to be sold under a ‘sell to cover mechanism’ to ensure the necessary funds are available. This is particularly important for companies that allow previous employees to exercise their share option after their employment has terminated.
Employers should also ensure accurate records are maintained on an ongoing basis for all share option grants. With regards to mobile employees, employers will also need to monitor both Irish and worldwide workdays during the grant to vest period. This is required to calculate the Irish taxes due on the date of the exercise of the options. Furthermore, a process must be in place to determine whether the gain is subject to PRSI or exempt.
Employers will need to ensure that the process for reporting the gains arising from the exercise of share options is completed within the required timeframe. Gains arising from the exercise of share options are regarded as notional payments. Therefore, they must be reported on or before the exercise of the option.
Employer Annual Share Reporting
Employers are still obliged to file an RSS1 return by 31 March following the calendar tax year to report the grant, exercise, assignment, or release of an option.
If you require assistance with the annual share reporting return for share options, please contact us.
https://www.crowleysdfk.ie/wp-content/uploads/shutterstock_684391012-scaled.jpg17072560Alison Bourkehttps://www.crowleysdfk.ie/wp-content/uploads/crowleysdf-chartered-accountants-1.pngAlison Bourke2023-12-06 11:14:202024-02-19 10:59:42Share Options: New PAYE Withholding Requirements from 1 January 2024 – What does this mean for Employers?
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The shift of share options from the Irish self-assessment system to PAYE withholding from 1 January 2024 is a significant change arising from Finance (No. 2) Bill 2023. Prior to this, employees were required to report and remit taxes within 30 days of exercising an option on Form RTSO1. Additionally, they were required to file an income tax return for the relevant year.
