Share Options: New PAYE Withholding Requirements from 1 January 2024 – How does this Impact Employees?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.