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Revenue approved salary sacrifice agreements.
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21.— The Principal Act is amended in Chapter 3 of Part 5 by inserting the following section after section 118A—
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“118B.— (1) In this section—
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‘ approved transport provider ’ has the same meaning as in section 118(5A);
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‘ exempt employee benefit ’ means a benefit specifically approved by the Revenue Commissioners which is referred to in subsection (2)(a)(i) and (ii);
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‘ salary sacrifice agreement ’ means any arrangement under which an employee forgoes the right to receive any part of his or her remuneration due under his or her terms or contract of employment, and in return his or her employer agrees to provide him or her with a benefit;
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‘ approved profit sharing scheme ’ shall be construed in accordance with section 510.
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(2) (a) The amount of the remuneration forgone under any salary sacrifice arrangement specifically approved by the Revenue Commissioners in relation to—
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(i) travel passes issued by an approved transport provider under section 118(5A), and
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(ii) shares appropriated to employees and directors under an approved profit sharing scheme within the meaning of Chapter 1 of Part 17, which are exempt from a charge to tax by virtue of section 510(4),
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shall be exempt from tax.
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(b) Any amount of remuneration forgone by an individual under any salary sacrifice arrangement and not exempt from tax by virtue of paragraph (a) shall be deemed to be an emolument of the individual and income tax shall be chargeable accordingly.
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(3) Where an exempt employee benefit is provided to the spouse or dependant of, or a person connected with, the individual, being an individual who has entered into a salary sacrifice arrangement, then any such benefit shall be deemed to be an emolument of the individual and income tax shall be chargeable accordingly.
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(4) Where—
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(a) but for this subsection, subsection (2)(a) would apply, and
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(b) there is an arrangement or scheme in place whereby the employee is recompensed, wholly or partly, by the provision of an exempt employee benefit together with a compensating payment,
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then the provisions of subsection (2)(a) shall not apply and the remuneration foregone shall be treated as an emolument of the individual and income tax shall be chargeable accordingly.
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(5) Where a salary sacrifice agreement is entered into in respect of any right, bonus, commission or any other emolument which arises to an individual after the end of the year of assessment, then subsection (2)(a) shall not apply and the remuneration foregone shall be treated as an emolument of the individual for that year and income tax shall be chargeable accordingly.
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(6) This section has effect as on and from 31 January 2008.”.
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