Employer Share Scheme Reporting - 31 March 2023 Filing Deadline
31 March 2023 is the mandatory annual filing deadline for employer returns of information in relation to employee share incentive schemes operated in 2022. Employers may be subject to financial penalties if they do not comply with their reporting obligations.
Form RSS1 - Employers must report the grant of unapproved share options to directors and employees in 2022, as well as the exercise, assignment and/or release of unapproved share options by directors and employees in 2022.
Form KEEP1 - Employers must report the grant of options under the Key Employee Engagement Programme (‘KEEP’) to directors and employees in 2022, as well as the exercise, assignment and/or release of KEEP options by directors and employees in 2022.
Form ESA - Employers must report the award in 2022 of certain share-based remuneration such as restricted stock units, restricted shares, convertible shares, forfeitable shares, discounted shares, phantom shares, stock appreciation rights, growth shares and other cash awards whose value is based on share value. The reporting of the grant of restricted stock units is currently optional. The requirement to file a Form ESA is in addition to employers’ PAYE reporting obligations.
The 31 March 2023 filing deadline for returns of information also applies to Revenue-approved share incentive schemes; Approved Profit Sharing Schemes (Form ESS1), Save As You Earn Schemes (Form SRSO1) and Employee Share Ownership Trusts (Form ESOT1).
Compliance Reviews
Based on information provided by employers in the annual returns, Revenue undertake compliance reviews to ensure that employees are adhering to their own tax compliance obligations, and in particular, in relation to taxes arising on exercise of options.
Next Steps
Employers must now review their share award activity during 2022 and prepare the relevant reporting return. Employers must also ensure that they are registered for Share Scheme Reporting prior to submitting any returns to Revenue. In light of Revenue’s compliance reviews, employers may consider engaging with their employees to remind them of their personal tax obligations regarding share options and share awards.
How we can help
McCann FitzGerald LLP provides expert advice on the establishment and implementation of share incentive schemes. If you would like to discuss your return filing obligation in relation to existing schemes, please contact the team below or your usual McCann FitzGerald LLP contact for further information.
This document has been prepared by McCann FitzGerald LLP for general guidance only and should not be regarded as a substitute for professional advice. Such advice should always be taken before acting on any of the matters discussed.
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