Blog

This blog contains information and items for further discussion regarding questions raised on the Facebook Group Payroll Matters in Ireland.


Preliminary End of Year Statements

6 Important Points About Your Income Tax Return

Claim Tax Back in Ireland on Health Expenses and Nursing Home Expenses in Real Time

Tax Credit Certificates

Tax Treatment of Employment Flat Rate Expenses

The PPS Number Entered Cannot Access MyAccount

Cohabiting Couples Income Tax Treatment

Complete Income Tax Return


Split Income Tax Credits Between Jobs or Private Pensions

Inform Revenue That You Are A Medical Card Holder

Local Property Tax (LPT)

Parent’s Benefit

Employment Status of Employee or Self-Employed Determination

Employee on Pay as You Earn (PAYE) V Self Employed on Relevant Contracts Tax (RCT)

Band 1 Credit Reduction

Public Holidays Ireland

Calculate Reduction in Tax Rate Band and Tax Credits for PUP

Taxation of Maternity Benefit

2020 PAYE and USC End of Year Balance

Tips and the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022

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Preliminary End of Year Statements

To view your Preliminary End of Year Statement, you must:
sign into myAccount and complete the Two-Factor Authentication (2FA)
click on Review your tax link in PAYE Services
select the appropriate tax year and request a Statement of Liability.
Your preliminary result will appear at the top of the next page.

This is a preliminary calculation only. It will show if you have paid the correct amount of tax and Universal Social Charge (USC) for the year. It is based on the information held on Revenue’s records. The Preliminary End of Year Statement for the selected year will include Payments from the Department of Social Protection. If you wish to receive a Statement of Liability, you must complete an Income Tax Return.

If you wish to claim health expenses by completing a tax return we have a Step-by-Step Guide video which can be used for any year on How to Complete an Income Tax Return + Claim Tax Back.

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6 Important Points About Your Income Tax Return

1. The responsibility for filing correct returns and providing accurate information to Revenue rests solely with you the taxpayer. 

2. As a  taxpayer you cannot assign your tax compliance responsibilities to a tax practitioner, tax agent, tax rebate or tax back company.

3. Where, due to the actions of a tax practitioner/agent, an incorrect return is filed or inaccurate information is provided, Revenue will pursue you as the taxpayer for tax, interest and penalties as appropriate.See our step by step guide on How to Delete a Tax Agent, Tax Back, Tax Refund or Tax Rebate company from your Revenue MyAccount.

4. You can claim relief on the cost of health expenses. These can be your own health expenses or those of a family member, as long as you paid for them. You cannot claim relief for any amounts that you have already received, or will receive from:
any policy of insurance
a public authority, for example, the Health Service Executive (HSE)
any other source, such as a compensation payment.

5. You must keep all relevant documentation to support claims for tax credits, reliefs, allowances, etc. (e.g. as a taxpayer claiming medical expenses you must have receipts to support the expenses claimed). All supporting documentation must be kept for a period of six years from the end of the year to which the claim or liability refers. Where you upload receipts to the receipts tracker in myAccount or through ROS, you do not need to keep the original receipts.

6. You should keep Revenue informed of any changes in basic personal details such as a change of address as well as changes in yourr circumstances that may affect your entitlement to a tax credit(s). In particular, significant “life events” such as:,  marriage or civil partnership, cohabitation, separation, or bereavement should be brought to Revenue’s attention as soon as possible.

See the video on our Youtube Channel Important Points About Completing Income Tax Returns

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Claim Tax Back in Ireland on Health Expenses and Nursing Home Expenses in Real Time

A Real Time Credit facility is available on Revevenue to claim Health Expenses and Nursing Home expenses as they are incurred rather than waiting until the end of the year. Use the 'Manage Your Tax' link to make a claim. You can claim for health expenses and nursing home expenses at the time you incur the expense. You can benefit from increased tax credits in your next payroll payment from your employer.

You can make a real time claim once you have incurred qualifying expenditure. A readable image of each receipt must be uploaded to the Receipts Tracker. The Receipts Tracker is in the PAYE Services and Manage My Record cards in myAccount. You will need to provide details of the date the expense was paid and the amount paid by you. You may need to supply more information when claiming for certain credits or reliefs. For example, the name and Personal Public Service Number (PPSN) of the nursing home resident if you pay the fees. In the Receipts Tracker:

> select Add a new receipt
> input the expenses you paid
> select a category from the list provided
> select a sub-category from the list provided
> confirm if you have received a reimbursement from a third party
> upload your receipt following the instructions on the page
> select Add receipt on the bottom of the page
> follow any further prompts
> sign and submit by entering your myAccount password.

When your claim has been processed, an amended Revenue Payroll Notification (RPN) will be made available to your employer. An amended Tax Credit Certificate (TCC) will also issue to you.
If you wish to claim at the end of the year you can complete an income tax return, we have a Step-by-Step Guide video which can be used for any year on How to Complete an Income Tax Return + Claim Tax Back

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Tax Credit Certificates

Tax Credit Certificates used to be delivered by post through your letterbox but are now notified to you via your inbox. Revenue is currently in the process of sending out notification emails to thousands of PAYE workers every day to advise them that they have a new notification in their inbox on their Revenue MyAccount. There are many people who don't bother looking at these notifications for one reason or another. The main reason however is that they don't know how. We here at BPPM and Payroll Matters in Ireland have increasing numbers asking questions about these certificates, and we are happy to answer any question or clarify any issues. Here are a few of the most frequently asked questions.

See the video on our Youtube Channel for step by step answers and guides through the screens on Revenue Revenue MyAccount Overview. How to Navigate the Self-Service options available on myAccount.

HOW TO VIEW MY TAX CREDIT CERTIFICATE ONLINE

If you are a Pay As You Earn (PAYE) customer, you can view, download or print your Tax Credit Certificates from My Documents. My Documents is a facility in myAccount to store certain documents. You can access it on the ribbon running across the top of the myAccount home page or from the ‘Manage My Record’ card. If you have any unread documentation, an orange circle will display on the My Documents folder icon. When you access the service from a desktop or mobile device, you may need to amend your browser settings to allow pop up messages. This will allow you to access your documents.

HOW TO ACCESS REVENUE PAYE SERVICE

My Documents can be accessed through myAccount, by following these steps:
>
Click on ‘My Documents’ on the myAccount home page.
>
Select the specific year folder from the ‘Summary’ screen.
>
View, download or print from My Documents.

WHAT IS A TAX CREDIT CERTIFICATE?

Your Tax Credit Certificate (TCC) lists for the tax year, your::
>
Tax credits which reduce the amount of tax you pay.
>
Your rate band which is the amount you can earn at the 20% tax rate.
>
Universal Social Charge (USC) rates and rate band

HOW IS MY INCOME TAX CALCULATED?

See the video on our Youtube Channel for step by step answers to PAYE questions and guides through the screens on Revenue PAYE System for Workers. Explained in detail using simple terms for all PAYE workers to understand.

If you are paid weekly, your Income Tax (IT) is calculated by::
>
applying the standard rate of 20% to the income in your weekly rate band
>
applying the higher rate of 40% to any income above your weekly rate band
>
adding the two amounts above together
>
deducting the amount of your weekly tax credits from this total.

WHAT DOES PAYE UNDERPAYMENT MEAN?

The main reason for this is for Tax owed if you were on Social Welfare benefit during the year. To check have a look at the Statement of Liability you received at the beginning of the year (you can see statement of liability in documents) and you should see this amount on it if this relates to the reduction of your credits over 4 years. Manage Your Tax

WHAT DOES TAX CREDITS REDUCED BY MEAN?

If you happened to be receiving a taxable Department of Social Protection Payment (DSP) during the year then your tax credit cert will be reduced by 20% of the weekly amount of your benefit multiplied by 52. So, for example if you were on a SW payment at 250 per week your credits will show a reduction of €2600. The same would apply to illness and maternity benefit.

WHAT DOES RATE BAND IS DECREASED BY MEAN?

If you happened to be receiving a taxable Department of Social Protection Payment (DSP) during the year then your tax credit cert will be reduced by the weekly amount of your benefit multiplied by 52. So, for example if you were on a SW payment of 250 per week your rate band is decreased by €13000. The same would apply to illness and maternity benefit.

See the video on our Youtube Channel for step by step answers to PAYE questions on your payslip How to Read and Understand Your Payslip in Ireland.

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Tax Treatment of Employment Flat Rate Expenses

During the course of Revenue’s review of its flat rate expenses regime in 2018 and 2019, a number of policy issues emerged. Revenue decided to defer its implementation of any planned changed to the regime pending the outcome of a review of a number of these policy issues. The policy issues are:

> The differing tax treatment of expenses as between the self-employed and employees.
>
The inclusion of professional registration/subscription fees and trade union subscription fees.
>
The nature of expenses that should come within the scope of the expenses tax regime.

A commitment was made to examine these issues as part of the Tax Strategy Group (TSG) and, if appropriate, to include options for legislative change. In the meantime, however, the COVID-19 pandemic has resulted in widespread and unprecedented disruption to the social and economic life of the country, including to the employment of those working in many sectors of the economy. The purpose of this exercise is to set out the issues as originally envisaged as well as some options that may be considered in the area of flat rate expenses. In relation to the policy issues addressed, and having regard to the huge disruption in the labour market brought about by COVID-19, the question of the appropriate timing of the introduction of any policy changes relating to the flat rate expenses regime is one that will require careful consideration.If you wish to claim Flat Rate Work Related Expenses we have a Step-by-Step Guide video which can be used to do it Claim Work Related Expenses Tax Relief in Ireland.

Waitresses & Kitchen Porters Flat Rate Expenses.

We have been doing some analysis of Tax Credits awarded to particular jobs in respect of flat rate expenses. When our analysis is completed, we will be putting together an interactive tool to enable people to easily see what tax credit PAYE workers can claim for flat rate expenses relating to their job.

Thus far there are two points worth noting from our analysis:
1. The credits have not been revised for over 10 years despite the fact that the expenses and costs have been rising.
2. The credits for Waitresses and Kitchen Porters not providing or laundering their uniforms is less for those working in hotels than for those working in Hospitals.
Revenue concluded a comprehensive review of the flat rate expense allowances in 2019. The implementation of any planned changes to the flat rate expense regime has been further deferred until at least 1st January 2024. Payroll Matters in Ireland hope enough attention is drawn to these points, so that they can be changed next year.

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The PPS Number Entered Cannot Access MyAccount

This is the error message some women get when logging on to Revenue with a 2 letter ending RSI/PPS numbr ending with a W- (e.g., 1234567TW). Before 2000 when some women got married, they had to use the same RSI/PPS number as their husband, but with a W at the end of the number. This W number was issued by Revenue to identify spouses in a jointly assessed relationship. The W number was linked to the RSI/PPS number of the assessable spouse (which is the term used in Revenue for the spouse who is charged tax on the income of both spouses).

PHASING OUT OF W RSI/PPS NUMBERS

These numbers are being slowly phased out and W numbers have not been issued since 1999. Boyle Payroll Project Management have assisted many women particularly widows in receipt of a private widows pension with income tax issues due to issues associated with the W number. Anyone in this situation may PM me if they have difficulty getting the matter resolved by their pension provider, Revenue or DSP.If your RSI/PPS number is the same as your husband’s RSI/PPS number but the last letter is W, you must get a new RSI/PPS number in these circumstances:

If your spouse is deceased
If you are divorced or separated
If you were issued with a Social Insurance number before 1979

If you have a RSI/PPS number ending with W and you cannot access the Local Property Tax online system using this number, you may need to request a new number. If you were issued a RSI/PPS number after 1979 and before you married, the Department may re-issue you with your original number on request.Any woman with a W-number (that is a RSI/PPS number that includes a ‘W’ as the second letter, for example 1234567TW) whose number was updated to a new, distinct RSI/PPS number by DEASP, must use the new distinct RSI/PPS number from DEASP. Please check recent correspondence from Revenue or DEASP to confirm your new RSI/PPS number.

If you are changing your W number for a new RSI/PPS number, you do not need to go through the same application process as everyone else. To get your new number or to be re-instated with your old number contact the Client Identity Section in the Department of Social Protection (DSP). The phone number is (071) 967 2616 or Lo-call 0818 927 999.
When you get your new number from the DSP, you should inform any organisations that may hold your old number. For example, your employer, your bank, the National Driver License Service, the HSE and Revenue – you can inform Revenue using the Revenue’s online Jobs and Pension Service or contact your local tax office. Ref: Citizens Information & Revenue

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Cohabiting Couples Income Tax Treatment

At the moment cohabiting couples have both incomes assessed in a means test for social assistance payments, yet a cohabiting couple cannot claim or transfer unused tax credits between themselves as jointly assessed income tax couples can. Payroll Matters in Ireland supports the claim that co-habiting couples should be treated fairly within the PAYE taxation system.
The tax system in Ireland does not treat cohabiting couples the same as married couples or civil partners, and it is unfair for them and for those with children. The basis for the current tax treatment of married couples derives from the Supreme Court decision in Murphy vs. Attorney General (1980). This decision was based on Article 41.3.1 of the Constitution where the State pledges to protect the institution of marriage. The decision held that it was contrary to the Constitution for a married couple, both of whom are working, to pay more tax than two single people living together and having the same income. The taxation system has changed somewhat since 1980 and this legislation needs to be revisited. Tax legislation provides that cohabiting couples are assessed as single individuals and each cohabiting partner will be entitled to the basic personal tax credit.

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Complete Income Tax Return

You complete a tax return where you wish to:
1.
claim additional tax credits, reliefs or expenses
2.
declare additional income
3.
obtain a Statement of Liability for the year
4.
claim refunds of any tax and or USC overpaid.

Details Required to Complete Income Tax Return

1. Personal Details and claim for Tax Credits, Allowances and Reliefs for the year
2. Income from Irish Employments, Offices (including Non-Proprietary Directorships), Pensions, etc. Income from Foreign Offices or Employments Attributable to the Duties of those Offices and Employments Exercised in the State
3. Income from a Trade or Profession
4. Income from Fees, Irish Rental Income, Covenants, Distributions, etc.

See the video on our Youtube Channel for step by step Guide How to Complete Income Tax Return 2023 - Summary Level ------

Split Income Tax Credits Between Jobs or Private Pensions

Individuals or jointly assessed couples who have more than one active job or private pension can amend how tax credits and rate bands are divided. You can divide your tax credits, tax rate band and USC rate band between your jobs in any way you want. Splitting your tax credits and rate bands between jobs will not change the total amount of tax you have to pay. It can ensure that you pay an even amount of tax in each job and get the full benefit of your tax credits and rate bands during the year. In conjunction with Boyle Payroll Project Management, Payroll Matters in Ireland will be doing a step-by-step video for those that are not familiar with conducting activities online. By managing your credits in this manner means that you will not need to wait until you make an income tax return to get any overpaid tax refunded. There is a facility in 'Manage Your Tax 2021' or if after 2021 the current year will appear here in the PAYE Services section of myAccount that will allow you to do this.

Manage Your Tax

In Manage Your Tax, scroll down and you will see "How your tax credits and rate band are currently divided". There are two tabs – PAYE and USC and they can be accessed by clicking on the relevant tab. The PAYE tab gives details of a customer’s standard rate cut off point and overall tax credits. Details of a sample person’s tax credits, and rate bands are shown in the picture below. Where a person has more than one job, the standard rate cut off point and tax credits applicable to each job is shown.

 

Tax Credits Divided Between Jobs and Private Pensions

By clicking the ‘edit’ above where the employments are listed, you can split tax credits and rate bands between jobs & private pensions to avoid overpaying tax in one employment and having to wait for the end of the year to claim it back. Individuals and jointly assessed couples who have only one active job will not have this link on the navigation bar.

Estimate Your Annual Income From Each Employment and Private Pension

Singly assessed individuals or jointly assessed couple can amend how their tax credits and rate bands are allocated by clicking on the ‘Divide tax credits’ link on the navigation bar. To ensure that your tax credits and rate bands are appropriately allocated across different jobs, you will be asked to estimate your gross income for each job and your spouse or civil partner’s jobs, where appropriate. This is to ensure that you pay the right amount of tax during the year (and no underpayment or overpayment arises) Where you are unable to estimate your income, you should click on the ‘Unable to Estimate’ box. If you have made changes to your record and/or to your spouse’s or civil partner’s record and you are unable to provide an estimate of their income for at least two of their jobs, you will be asked to select their main job i.e., the job with the highest income. The adjustments to your tax credits and/or rate bands will be made against this job. If you provide an estimated income for one job only, the adjustments will be made against that job. If you have made no changes to their records but want to make changes to how their tax credits and rate bands are divided must provide an estimate for at least two of your jobs (if relevant). A re-allocation of tax credits and rate bands will only take place amongst jobs where an income has been provided. You will have the option of not accepting the allocations done automatically for them. When this happens, you will be asked how you want your tax credits and rate bands to be divided.

Divide Tax Credits and Rate Bands Equally Between Employments

Where you estimate your income, you will be given the Revenue recommended allocation, but you will also have the option to divide equally. Where the customer cannot estimate their income, the divide option will then be provided. If a customer opts for an equal split, this request will process automatically. If you are happy with this allocation select ‘Proceed with Recommendation’  if you would like to make additional changes "Proceed with Different Recommendation".
After a submission has been made, a Revenue Payroll Notification RPN will be made available to the relevant employer(s). The RPN is the employer’s copy of the TCC and shows, amongst other things, the employee’s total tax credits and tax and USC cut-off points for the year. A copy of the Tax Credit Certificate (TCC) will be available to view by employees in My Documents (which is also available in myAccount) usually within 2 days of the submission being made. The TCC sets out a customer’s tax credits and tax and USC rate bands for the current tax year. The information provided by the customer, in addition to the information held on Revenue’s record, will determine the appropriate tax credits and rate band.

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Inform Revenue That You Are A Medical Card Holder

In cases where the HSE have not already done so, Payroll Matters in Ireland continues to remind medical card holders they must inform Revenue that they have a medical card, for the reduced rate of Universal Social Charge to be applied to their payroll. There are a couple of ways for medical card holder to inform Revenue to apply the reduced rate of USC:
You can call into or phone your Local Revenue Office. Calling in to Revenue offices may not be an option post Covid-19 restrictions.You can do it on line by going into My Enquiries on the top right hand corner of the Home Screen

In the Enquiries Record go into Add New Enquiry at the bottom of the page

Add new Enquiry on Revenue

In the Enquiry relates to box select PAYE (Pay As You Earn) employee/pensioner - other & in the More specifically box select PAYE Services query. You can leave the 2 boxes under more info blank. In the Enquiry details enter - I currently have a medical card and I wish to apply for the reduced rate of USC for medical card holders: Can you please amend my current Tax Credit and Universal Social Charge Certificate and issue a revised RPN to my Employer. My Medical Card Number is;xxxxxxxxxxxx, and I attach a picture of it. Thank you.

Your email address will appear in the box underneath the Enquiry Details. You are asked to re-enter your email address to confirm. Attach a copy of your Medical Card and "Submit".

See the video on our Youtube Channel for step by step Guide Informing Revenue in Ireland that you have a Medical Card

Add a new enquiry on Revenue.ie

Apply for USC reduction for Medical Card

Attach photo of Medical Card to new enquiry for reduced USC for medical Card Holders.

 

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Local Property Tax (LPT)

Your property is liable for Local Property Tax (LPT) in the current year if it is a residential property on the valuation date of 1st November 2021. Revenue contacts property owners directly, to explain the three things they need to do to meet their LPT obligations:

1. determine the market value of their property as at 1st November
2.
submit their LPT Return including their valuation by 7th November
and
3.
pay or make arrangements to pay their LPT Charge for the current year.

LPT is a self-assessed tax. This means that you need to self-assess the value of your property at 1st November 2021. The valuation of your property on this date will determine the amount of LPT you pay for 2022 and for the three years from 2023 to 2025. Revenue has provided an interactive tool and information to help you determine the value of your property and meet your LPT obligations.

Many people do not know how to access details regarding notifications they have been receiving from Revenue. Because of the number of queries already received from people not used to using online services, Payroll Matters in Ireland are complementing Revenue's and Citizens Information guidance by assisting people with issues they may encounter during this process. The Facebook group Payroll Matters in Ireland is voluntary and welcomes people living in Ireland to become members. Some people think because it is a group there may be a cost involved, which is not the case.

Because one of the options for paying this tax is through payroll, Payroll Matters in Ireland is advising people to use the interactive tool when they receive Revenue's notice, rather than waiting for the 1st November to value their property and determine the LPT. If there were to be 1.4 million people trying to access the interactive tool on 1st November, you can be guaranteed long delays. People can have their LPT calculated without having to make payment, as payment only becomes due from 1st January. They can also arrange for payment before 1st January if they wish. In order to calculate your LPT together with Revenue's Online Valuation Tool  there are two tables as outlined below that you need to refer to.
1. Valuation Bands and Basic Rates for Valuation Period from 2022 to 2025 and
2.
Local Adjustment Factor for Local Property Tax
.

Valuing Your Property

The tax is based on the chargeable value of a residential property. You can do this exercise now. You do not need to wait until the 1st Novemebr. The chargeable value is defined as the market value that the property could reasonably be expected to be sold for on the open market now. You can read about how to value your property for Local Property Tax. on Citizens Information. We shall only be outlining Revenue's Online Valuation Tool that will give you the average values for property in your area.

Logging in to MyAccount on Revenue

It would appear from feedback received on a post about the LPT on the Facebook group that Revenue are using hard copy mail via the post for some people and soft copy e-mail for others to explain the process to people. To login to your MyAccount on Revenue to see the notification you must be registered. Once you have logged in using your PPS No, DOB and Password and ticked the box to indicate that you are not a robot you will be brought to the Home screen.

View your Local Property Tax Notification

Look in My Documents

My Docunents on Revenue.ie

Look at unread documents or if you have viewed it already look at LPT 2022 Return.

Unread Documents in Revenue.ie

The Local Property Letter Sample. You will need the property ID and PIN number when accessing your LPT on Revenue for arranging Payment.

Local Property Tax Revenue Notification Letter

Local Property Tax Valuation Guide

The valuation of your property will determine the amount of LPT you pay for 2022 and for the three years from 2023 to 2025. Revenue has provided an interactive tool and information to help you determine the value of your property and meet your LPT obligations. If you have your Eircode just enter it in the box indicated and search. A black dot will appear and when you click on it the propert valuation will be shown in a pop up window.

Property Valuation Tool

Valuation bands and basic rates for valuation period from 2022 to 2025

Local Property Tax Valuation Bands

Local Adjustment Factor for Local Property Tax

Local authorities can vary the basic LPT rate on residential properties in their area. These rates can be increased or decreased by up to 15%. This is known as the local adjustment factor.Residential properties of the same value in different local authority areas may pay different amounts of LPT, depending on whether the local authority has applied a local adjustment factor or not.Many people have queried the accuracy of the interactive tool with Payroll Matters in Ireland and this is quite understandable. There is a second table for adjustments depending on where the property is located. You can refer to the LPT Local Adjustment Factor for each Local Authority in the table below to check if your LPT charge for 2022 is different from the basic rate.

Local Adjustment Factor for Local Property Tax

Now that we have gone through the steps of determinining your basic rate and adjusted it in accordance with the Local Adjustment Factor the next step is submit your valuation on or before 7th November and arrange to pay the tax. You can do this at any time from when you receive notice about LPT from Revenue.

How to Pay Local Property Tax (LPT)

You will need your Property ID and PIN to pay your LPT. You can choose to make one single payment, or you can phase your payments in equal instalments. You can read about how to pay your LPT on Citizen’s Information You can log in to the LPT On-line system to view your Local Property Tax record and to pay any arrears (using your PPSN, Property ID and PIN). You can also access LPT through Revenue's myAccount and ROS services. You can contact the LPT helpline for assistance. Queries can also be sent to Revenue through MyEnquiries.See the video on our Youtube Channel for step by step Guide Local Property Tax Explained with Step by Step Guide on How to Calculate Your Property Valuation

Citizens Information How to Pay LPT

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Parent’s Benefit

Parent's Benefit is a payment for people in employment to allow them to take time off work, up to five weeks, to care for their child. This leave may be taken any time in the first 24 months after they were born. Parent's Benefit leave must be taken in minimum blocks of at least one week. These weeks can be combined up to a maximum of five weeks depending on their circumstances.
Parent’s Benefit was extended from two weeks to five weeks in April 2021. Parents who originally availed of the two weeks can now apply for the additional three weeks benefit. The quickest and easiest way to apply is via MyWelfare.
Parent’s Benefit is paid at the same rate as Maternity, Paternity and Adoptive benefits. It is available for both parents to allow them to spend more time with their new-born children during these important and formative years or with their adopted children.

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Employment Status of Employee or Self-Employed Determination

The Minister for Social Protection, Heather Humphreys, TD,  published an updated Code of Practice on Determining Employment Status on Wednesday 21st July, 2021. The term ‘employment status’ for Payroll Matters in Ireland (which is a Face Book Group for people living in Ireland and welcomes new members), refers to whether a worker is classified as either an employee or as being self-employed. This classification has implications for the rate of Pay Related Social Insurance (PRSI) and tax that is owed. It also affects the level of social welfare and employment rights protections that are afforded a worker.
Employment status can be a complex area, so the purpose of the Code of Practice is to set out the key characteristics that are used to inform decisions on employment status, taking into account current labour market practices and developments in legislation and case law. These developments include, for example, new forms of work such as platform work and the gig economy. It is intended to be a ‘living document’, which will continue to be updated to reflect relevant changes into the future. Its publication will encourage workers and employers to ensure their working arrangements are properly categorised. The Social Protection Department’s Scope Section is on hand to support with advice or indeed provide a formal determination of employment status, if needed. They can be contacted at scope at DSP.

Employee on Pay as You Earn (PAYE) V Self Employed on Relevant Contracts Tax (RCT)

The following checklists give a general overview of how to determine employment status and determining if a person is an employee or a subcontractor.

A worker is normally an employee if they:

1.    are directed by someone on how, when, and where to work.
2.   
have set working hours.
3.    have no personal financial risk relating to the work.
4.    receive a fixed wage.
5.   
supply labour only.
6.   
cannot subcontract the work.
7.   
are covered under the employer’s insurance.
8.   
work for only one or two employers.

> Employers are responsible for the collection and payment of employees Income Tax (IT), PRSI and USC.
> Employees work under your contract of employment.
> Employees may be entitled to some DSP benefits.
> Employees receive the rights and entitlements associated with their employment.

A worker is normally self-employed if they:

1. control how, when and where the work is done.
2.
control their working hours.
3.
are exposed to financial risk.
4.
control costs and pricing.
5.
can hire other people to complete the job.
6.
provide their insurance cover.
7.
own their business.
8.
can provide the same services to more than one person or business at the same time.

What to do after determination of self-employed status?

> Subcontractors are regarded as self-employed.
> Self-employed persons are responsible for the payment of their own Tax, Pay Related Social Insurance (PRSI) and Universal Social Charge (USC).
Self-employed persons
must:

a. Register for all appropriate taxes.
b.
Pay preliminary tax.
c.
File Income Tax returns towards the end of the year, for which they must keep receipts for things that can reduce tax.
d.
Self-employed persons may be entitled to some Department of Social Protection (DSP) benefits but are not entitled to holiday pay or protection from unfair dismissal.
e.
Self-employed persons are engaged under a relevant contract.
f.
Self-employed people may have to employ an accountant to do tax and VAT returns.

Relevant Contracts Tax (RCT)

Self-employed persons in the construction industry may be a principal contractor or a subcontractor (or both). RCT applies when a subcontractor is hired by a principal contractor to carry out construction operations under a relevant contract. All RCT transactions are submitted through the Revenue Online System (ROS).
A subcontractor enters a relevant contract with a principal contractor in the construction, forestry, or meat processing industries. This contract is not a contract of employment and a subcontractor must give the principal contractor the details they need to register the relevant contract with Revenue.
The RCT tax rate will depend on A subcontractor compliance record with Revenue. The three tax rates in the RCT system for subcontractors apply as follows:

1. an up-to-date tax compliance record: 0%
2. a substantially up-to-date tax compliance record: 20%
3.
a poor tax compliance record, or for those who have not registered with Revenue: 35%.

After a principal contractor notifies Revenue of a payment, Revenue will issue a deduction authorisation. Revenue credits the subcontractor tax record with any RCT that the principal has deducted.

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Band 1 Credit Reduction

A person’s standard rate cut-off point, and credits can be reduced by Revenue, and depending on the amount of the reductions, they may also have a band 1 credit reduction. This arose in 2021 for thousands of recipients of the Pandemic Unemployment Payment PUP. A message shows on their Tax Credit as follows: “Tax Credits Reduced by DSP PUP Payment”. When the tax credit reduction is greater than the tax credits a person has, this will end up as a negative tax credit and a further reduction of the tax band is made to offset this. The Band 1 Credit Reduction is derived at by multiplying the the negative credit by 5.

Tax Credits Reduced by DSP Payment

In 2021 with the process of taxing DSP benefits in real time the Department of Social Protection notifies Revenue of benefit amounts paid to recipients. Revenue reduces the person’s tax credits and 20% standard rate cut-off point SRCOP, by the weekly amount of DSP benefit multiplied by 52. So, for example someone paid €350 per week unemployment benefit will have their Tax credit reduced by €3,640 and SRCOP is reduced by €18,200 (350*52). €18,200 * 20% = €3,640. The adjusted tax credits and the 20% SRCOP are applied on a Week 1 / Month 1 basis. For those seeing a:
Total Tax Credits (A-B)
of - €340 means that Revenue is attempting to reduce their Tax Credits by €3,640 when they only gave them €3,300. It is like Revenue gave them 3 apples and are trying to take 5 back from them.
As an aside a person who contacted BPPM thought they were getting a tax refund of €340. For the average person with basic tax credits and tax bands their tax cert would show:

Gross Tax Credits (A) 3,300
Tax Credits Reduced by DSP PUP Payment 3,640
Gross Tax Credits Reduction (B)  3,640
Total Tax Credits (A-B) -340
Adjustment 340

Rate Band 1 36,300
This rate band is decreased by:
DSP PUP Payment 18
,200
Band 1 Credit Reduction 1,700
The amount of your income taxable at 20% 15,400

The Band 1 Credit Reduction of 1700 is arrived at by multiplying 340 by 5. (20% of 1,700 = 340)

If you see the line “Band 1 Credit Reduction” on your Tax Credit and Universal Social Charge, then you will need to ensure that your credits are amended when you take up employment. Otherwise, your tax credits will be left at 00 and your tax band will remain significantly reduced. The bottom line will be that you will be taxed on all your earnings because employers are not receiving updated Revenue Payroll Notification (RPN) for employees in this category.

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Public Holidays Ireland

Public holidays may commemorate a special national day or other event, for example, Saint Patrick's Day (17th March) or Christmas Day (25th December). There are currently 10 public holidays in Ireland in the year. On a public holiday many businesses and schools close. Most businesses in the hospitality sector will remain open on public holidays. Other services, for example, public transport still operate but often with restricted schedules.
See the video on our Youtube Channel for Pay Entitlements Calculator Public Holiday Statutory Entitlement Calculator - Step by Step Guide on How to Complete it.
New Year's Day (1st January)
First Monday in February, or 1st February if the date falls on a Friday
Saint Patrick's Day (17th March)
Easter Monday
First Monday in May
First Monday in June
First Monday in August
Last Monday in October
Christmas Day (25th December)
Saint Stephen's Day (26th December)

Qualifying Rules for Pay Entitlement

A person’s entitlement to public holidays is set out in the Organisation of Working Time Act 1997.together with the appropriate rate of daily pay. Most employees are entitled to paid leave on public holidays. One exception is part-time employees who have not worked for their employer at least 40 hours in total in the 5 weeks before the public holiday. If an employee qualifies for public holiday benefit, they are entitled to one of the following:

A paid day off on the public holiday.
An additional day of annual leave
.
An additional day's pay
.
A paid day off within a month of the public holiday.

Employees may ask employers at least 21 days before a public holiday, which of the alternatives will apply. If the employer does not respond at least 14 days before the public holiday, employees are entitled to take the actual public holiday as a paid day off.

Public Holidays Falling on a Weekend:

If a public holiday falls on a weekend, workers do not have any automatic legal entitlement to have the next working day off work. If a public holiday falls on a day that is not a normal working day for a business (for example, on Saturday or Sunday), employees are still entitled to the benefit for that public holiday by one of the following.

A paid day off within a month of the public holiday
An additional day of annual leave
An additional day’s pay

Public Holidays on an Employee Normal Working Day

Where the public holiday falls on a day on which the employee normally works, the employee is entitled to a full day’s pay for the public holiday, if they do not work on the day i.e., as if they had done their normal hours on that day. If they work on the holiday, they should also get their usual pay on top of the public holiday entitlement.

Public Holidays on an Employee Non-Working Day:

Where the public holiday falls on a day on which the employee does not normally work, the employee is entitled to one-fifth of his/her normal weekly wage for the public holiday.If weekly pay varies, then the employer uses an average of the weekly pay over the last 13 weeks prior to the public holiday and divides it by five.

Part-time Employees

When an employee has worked for an employer at least 40 hours in the 5 weeks before the public holiday and the public holiday falls on a day the employee normally works, the employee is entitled to a day's pay for the public holiday. If they are required to work that day, they are entitled to an additional day's pay.

Qualifying part time employees who do not normally work on the public holiday should receive one-fifth of their weekly pay. Even if they are never rostered to work on a public holiday, they are entitled to one-fifth of their weekly pay as compensation for the public holiday.

Bank Holiday

Bank holidays are sometimes referred to as public holidays and vice versa which causes endless debate and confusion about pay, especially at Easter and Christmas time. There is already enough confusion about entitlement to bank holiday pay in Ireland and what days are bank holidays. For example,  many people are unsure if Christmas Eve and New Year’s Eve are bank holidays. Christmas Eve and New Year’s Eve are not bank holidays or public holidays.

All public holidays are bank holidays, but all bank holidays are not public holidays. Good Friday
. is a bank holiday but not a public holiday. While schools and businesses may close on this day, there is no automatic entitlement to paid time off work on this day unless it is included as a paid holiday in your contract of employment, e.g., companies in the Construction Industry Federation.

See the video on our Youtube Channel for references to Public Holidays as Bank Holidays From Bank to Public Holidays. The origins of Bank Holiday and why it is not now appropriate in Ireland

Public Holidays Should only be Referred to as Public Holidays

Public Holidays are Legislated for by Government by means of the ORGANISATION OF WORKING TIME ACT, 1997.
There is no mention in any part whatsoever of this Act of referring to Public Holidays as anything other than Public Holidays. For payroll purposes any reference to a Public Holiday other than its official name only confuses employees and makes it more difficult for PAYE workers to understand Payroll Matters in Ireland.

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See the video on our Youtube Channel for Days on which Statutory Public Holiday Entitlements Apply Days on which Statutory Public Holiday Entitlements Apply and Days like Good Friday that they don't.

Taxation of Maternity Benefit

Maternity Benefit, Adoptive Benefit, and Health and Safety Benefit (including any increases for dependents) are liable to Income Tax. These payments are not liable to Universal Social Charge (USC) or Pay Related Social Insurance (PRSI). On this post, all further references to Maternity Benefit can be assumed to also mean Adoptive Benefit, and Health and Safety Benefit. The tax treatment for these benefits is similar.

How Maternity Benefit is taxed.See the video on our Youtube Channel for updated version relating to 2024 year Taxation of Maternity Benefit. Why so many women are over taxed when they return to work.

The Department of Social Protection (DSP) gives Revenue details of Maternity Benefit payments. If you receive Maternity Benefit and you are a Pay As You Earn (PAYE) taxpayer, Revenue collect the tax due.
Revenue will reduce your annual tax credits and rate band to collect any tax due on a weekly basis. To do this, we ‘annualise’ the weekly amount of Maternity Benefit. A notional annualised amount is calculated by multiplying the weekly amount by 52. Your annual tax credits and rate band are reduced by this amount.

Maternity Benefit received is on a 'Week 1 basis'.

This means the adjusted tax credits and rate band are applied on a week-by-week basis. You can see this on your Tax Credit Certificate (TCC). Revenue will make a revised Revenue Payroll Notification (RPN) available to your employer.
The weekly adjusted tax credit and rate band apply for the duration of the Maternity Benefit payments only. They are readjusted after the last payment is received from the DSP.

Full wage received and Maternity Benefit paid to employer.

The difference between the wage paid to you by your employer and the Maternity Benefit paid to your employer is subject to Income Tax, USC and PRSI.

'Top-up' wage and Maternity Benefit received.

Only the wages actually paid by your employer are subject to Income Tax, USC and PRSI.

Only Maternity Benefit received (no wage paid)

A revised Revenue Payroll Notification (RPN) will be available, on request, from your employer on a Week 1 basis.

A tax refund may be due to you. As the RPN is on a Week 1 basis, your employer cannot make this refund. You should contact your Revenue office to see if we can remove the Week 1 basis.

You might still be on the Week 1 basis at the end of the tax year. If so, you should submit an Income Tax Return available in 'PAYE services' in myAccount and we will review your tax position.

Maternity Benefit claims that span two tax years

You may be on maternity leave that spans two tax years (for example, November to April). Maternity Benefit payable in Year 2 is taxed by reducing the tax credits and rate band. Revenue do this on a ‘cumulative basis', from the beginning of Year 2. This means that Revenue spread the tax due on the Maternity Benefit for Year 2 over the full tax year.

Couples taxed under joint assessment.

You may not have enough tax credits and rate band to allow collection of the full amount of tax due. Revenue will collect the balance by reducing your spouse’s, or civil partner's, tax credits and rate band.

Example 1 Maternity Leave with no pay or top up from employer.

Mary has a full time job with the same company for the past few years and earns €700 per week. The RPN sent to her employer shows the following tax credits and rate band. This will apply from 1st January.

Annual Tax credits: €3,550

Weekly Tax credits: €68.27

Annual rate Band €40,000 taxed at 20% Balance taxed at 40%

Weekly Rate Band
€768.23 taxed at 20% Balance taxed at 40%

Mary went on maternity leave from 1st May. She qualified for Maternity Benefit and receives €250 per week, which she keeps. Mary's employer does not pay her wages while she is on maternity leave. Revenue receives Mary’s Maternity Benefit details from the DSP. Then Revenue reduces her annual tax credits and rate band to take account of the Maternity Benefit was receiving, effective from 11th January, as follows:

Maternity Benefit
€250 p.w. * 52 =  €13,000
Annual Tax Rate Band Reduction =  €13,000

Revised 20% Rate Band = €40,000 - €13,000 = €27,000

Annual Tax Credit Deduction 13,000 * 20% = €2,600
Revised Tax Credits €3,550 - €2,600 = €950

Revenue issue an updated Revenue Payroll Notification (RPN) to Mary's employer, reducing Mary's Tax Credits and rate band as if she was going to remain receiving Maternity benefit for 1 full year, effective from 1st May.

Mary's tax credits and rate band from 1st May on a Week 1 basis

Weekly Tax Credit =
  € 950 / 52 = €  18.27
Weekly Rate Band   = €27,000 / 52 = €519.23 taxed @ 20% 

Mary's Income Tax payable while on maternity leave

Taxed at 20%    €250.00 =  €50.00
Taxed at 40%   €  00.00  = € 00.00

Gross tax                           € 50.00
Deduct tax credits         €  18.27

Tax payable                    €   31.73

Her Maternity Pay is not subject to USC or PRSI

Returning to Work After Maternity Leave

Mary returns to work in September. Following her last payment DSP tells Revenue that Mary's Maternity Benefit payments have stopped. Revenue adjust Mary's tax credits and rate band by removing the Maternity Benefit annualised reductions and make a revised RPN (on a week 1 basis) available to Mary's employer.

Mary's tax credits and rate band from 1st May on a Week 1 basis

Weekly Tax Credit =  € 3,550 / 52 = €  68.27
Weekly Rate Band = €40,000 / 52 = €769.23 taxed @ 20%
                                                         Balance taxed @40%

A week 1 basis means that Mary's employer is to apply the tax credits and rate band on a week by week basis. That is not backdated to 1st January.

Mary returns from maternity leave on 1st September. On her first full weeks pay day after returning her gross pay is €700, and her employer calculates her weekly IT as follows on the basis that the above Tax Credit Certificate was received by Mary's employer prior to the running of their payroll:

Mary's IT payable from 1st September.

Taxed at 20%    €700 =  €140.00
Taxed at 40%   €  00  = €    0.00

Gross tax                     € 140.00
Deduct tax credits        €   68.27

Tax payable                 €   71.73

Mary’s gross pay of €700 is also subject to USC and PRSI as normal. Mary was not paid by her employer during her maternity leave and her tax credits exceed the tax due on her Maternity Benefit. A tax refund may be due to Mary and she should submit an online income tax return at the end of the year through myAccount.

Example 2 Maternity Leave with pay or top up from employer.

Anne has a full time job with the same company for the past few years and earns €700 per week. The RPN sent to her employer shows the following tax credits and rate band. This will apply from 1st January.

Annual Tax credits: €3,550

Weekly Tax credits: €68.27

Annual rate Band €40,000 taxed at 20% Balance taxed at 40%

Weekly Rate Band
€768.23 taxed at 20% Balance taxed at 40%

Anne went on maternity leave from 1st February. She qualified for Maternity Benefit and receives €250 per week, which she has mandated to her employer. Anne's employer continues to pay her her normal wages while she is on maternity leave. This consists of the Maternity Benefit plus a top up wage. Revenue receives Anne’s Maternity Benefit details from the DSP. Then Revenue reduces her annual tax credits and rate band to take account of the Maternity Benefit was receiving, effective from 1st February, as follows:

Maternity Benefit €250 p.w. * 52 =  €13,000
Annual Tax Rate Band Reduction =  €13,000

Revised 20% Rate Band = €40,000 - €13,000 = €27,000

Annual Tax Credit Deduction 13,000 * 20% = €2,600
Revised Tax Credits
€3,550 - €2,600 = €950

Revenue issue an updated Revenue Payroll Notification (RPN) to Anne's employer, reducing Anne's Tax Credits and rate band as if she was going to remain receiving Maternity benefit for 1 full year, effective from 1st February.

Anne's tax credits and rate band from 1st May on a Week 1 basis

Weekly Tax Credit =    € 950 / 52 = €  18.27
Weekly Rate Band   = €27,000 / 52 = €519.23 taxed @ 20% 

Anne's Income Tax payable while on maternity leave from her 1st pay date while on maternity leave with reduced credits and rate band on a week 1 basis.

The €700 is made up of  €250.00 from Maternity Benefit from DSP and €450.00 from top up company wages. All of the €700.00 is subject to Tax but only the €450.00 is also subject to PRSI and USC. The maternity benefit portion is taxed by the reduction in the tax credits and rate band. The top up is taxed in the normal way by her employer as follows.

Taxed at 20%    €450.00 =  €90.00
Taxed at 40%   €  00.00  = € 00.00

Gross tax                           € 90.00
Deduct tax credits          €   18.27

Tax payable                    €   71.73

Her Maternity Pay is not subject to USC or PRSI

Returning to Work After Maternity Leave

Anne returns to work in August. Following her last payment DSP tells Revenue that Anne's Maternity Benefit payments have stopped. Revenue adjust Anne's tax credits and rate band by removing the Maternity Benefit annualised reductions and make a revised RPN (on a week 1 basis) available to Anne's employer.

Anne's tax credits and rate band from 1st May on a Week 1 basis

Weekly Tax Credit =
 € 3,550 / 52 = €  68.27
Weekly Rate Band = €40,000 / 52 = €769.23 taxed @ 20%
                                                         Balance taxed @40%

A week 1 basis means that Anne's employer is to apply the tax credits and rate band on a week by week basis. That is not backdated to 1st January.

Anne returns from maternity leave on 1st August. On her first full weeks pay day after returning her gross pay is €700, and her employer calculates her weekly IT as follows on the basis that the above Tax Credit Certificate was received by Anne's employer prior to the running of their payroll:

Annes IT payable from 1st August.

Taxed at 20%    €700 =  €140.00
Taxed at 40%   €  00  = €    0.00

Gross tax                     € 140.00
Deduct tax credits        €   68.27

Tax payable                 €   71.73

Anne’s gross pay of €700 is also subject to USC and PRSI as normal. Anne was paid by her employer during her maternity leave and her tax credits did not exceed the tax due on her Maternity Benefit. If the DSP informed Revenue in real time and there were no delays in processing the revised RPN's the Anne's tax would be balanced. However in the real world payroll time periods and DSP periods are not always in synch and there may be delays in the information passing from the DSP to Revenue or from Revenue to Anne's employer in which case a tax underpayment or overpayment may occur in which case Anne should submit an online income tax return at the end of the year through myAccount.

Difficulties with PROCESS FOR TAXATION OF SOCIAL WELFARE BENEFITS

Because we live in the real world unfortunately in many cases there can be a significant delay with DSP notifications to Revenue and Revenue notifications to employers. When there is any delay in issuing the correct Tax Credit Cert after Maryor Anne returns to work would result in Mary and Anne paying an overpayment of €50 over and above what she should have paid for every week of delay in notification of the correct certificate.

Tips and the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022.

From 1st December 2022, the Payment of Wages (Amendment) (Tips and Gratuities) Act 2022 introduces new rules as to how employers will have to share tips, gratuities, and service charges amongst employees. It will also make it illegal for employers to use these to form part of the basic wages.

Some key features:

1. Employers cannot use tips and gratuities to ‘make up’ contractual rates of pay and cannot make a deduction from a person’s wage in relation to tips and gratuities.

2. Workers are legally entitled to receive electronic tips and gratuities and they must be distributed in a fair manner. The employer must provide a statement to workers showing the amount of tips obtained in a period and the portion paid to the individual employee for that particular period.

3. An employer cannot retain any share of electronic tips. However, there may be circumstances e.g., to pay tax, or bank charges arising from providing electronic modes of tipping, or only where the employer regularly performs to a substantial degree the same work performed by some or all the employees, where such an amount may be deducted that is fair in the circumstances.

4. Businesses must clearly display their policy on how tips, gratuities and service charges are distributed.

5. “Platform workers”, who are not direct employees, are included.

6. Any charge called a “service charge” or anything that would lead a customer to believe it is a charge for service, whether received electronically or by any other means, will have to be distributed to staff as if it were a tip or gratuity received by electronic means.

7. While employers will be required to include detail on how cash tips are dealt with when displaying their policy towards tips and gratuities, there will be no other regulation of ‘cash tips’. 

What is a “tip or gratuity”?

A ‘tip or gratuity’ is a voluntary payment made by a customer to, or left for, an employee or group of employees which they intended or assumed that the payment would be kept by the employee or shared with other employees.

The new rules apply to employers in the following service areas:

1. The sale of beverages (including intoxicating liquor) or food for consumption on the premises at which such beverage or food is sold.

2. The sale of beverages (including intoxicating liquor) or food by means of casual trading.

3. The accommodation of overnight guests on a commercial basis in a hotel, guesthouse, hostel, bed and breakfast, self-catering accommodation facility or any similar accommodation facility.

4. Providing guided tours.

5. Carrying out non-surgical cosmetic procedures including the following: cosmetic nail care; nail styling; skin care; hair care; hair styling; tattoo services; and piercing services.

6. Gaming.

7. The provision of services as a licensed bookmaker.

8. Providing transport services by means of a public service vehicle.

If an employee is not satisfied with the distribution policy the employee may take a case to the Workplace Relations Commission (WRC) for adjudication as to whether the distribution is fair in the circumstances.

 

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