Finance Act 2011

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Universal social charge.

3.— (1) The Principal Act is amended—

(a) by inserting the following Part after Part 18C:

“PART 18D

Universal Social Charge

Definitions (Part 18D).

531AL.— In this Part—

‘aggregate income for the tax year’, in relation to an individual and a tax year, means the aggregate of the individual’s—

(a) relevant emoluments in the tax year, including relevant emoluments that are paid in whole or in part for a tax year other than the tax year during which the payment is made, and

(b) relevant income for the tax year;

‘Collector-General’ means the Collector-General appointed under section 851;

‘employee’ and ‘employer’ have the same meanings as in section 983;

‘excluded emoluments’ means emoluments which have been gifted to the Minister for Finance under section 483;

‘income levy’ has the meaning assigned to it by section 531B;

‘income tax month’ means a calendar month;

‘inspector’ means an inspector of taxes or other officer of the Revenue Commissioners;

‘PAYE Regulations’ means the Income Tax (Employments) (Consolidated) Regulations 2001 ( S.I. No. 559 of 2001 );

‘relevant emoluments’ and ‘relevant income’ shall be construed in accordance with paragraphs (a) and (b), respectively, of the Table to section 531AM(1);

‘similar type payments’ means payments which are of a similar character to social welfare payments but which are made by—

(a) the Health Service Executive,

(b) the Department of Community, Equality and Gaeltacht Affairs,

(d) the Department of Education and Skills,

(e) the Department of Agriculture, Fisheries and Food,

(f) An Foras Áiseanna Saothair, in respect of schemes mentioned in clauses (I), (II) and (III) of section 472A(1)(b)(i), or

(g) any other state or territory;

‘social welfare payments’ means payments made under the Social Welfare Acts;

‘tax year’ means a year of assessment within the meaning of the Tax Acts;

‘universal social charge’ has the meaning assigned to it by section 531AM.

Charge to universal social charge.

531AM.— (1) With effect from 1 January 2011, there shall be charged, levied and paid, in accordance with the provisions of this Part, a tax to be known as ‘universal social charge’ in respect of the income specified in paragraphs (a) and (b) of the Table to this subsection.

TABLE

(a) The income described in this paragraph (in this Part referred to as ‘relevant emoluments’) is emoluments to which Chapter 4 of Part 42 applies or is applied, including—

(i) any allowable contributions referred to in Regulations 41 and 42 of the PAYE Regulations,

(ii) the initial market value (within the meaning of section 510(2)) of any shares, excluded from the charge to income tax by virtue of section 510(4), appropriated in accordance with Chapter 1 of Part 17,

(iii) the market value (determined in accordance with section 548) of the right referred to in section 519A(1) or 519D(1), and

(iv) any gain exempted from income tax by virtue of section 519A(3) or 519D(3),

but not including—

(I) social welfare payments and similar type payments,

(II) excluded emoluments,

(III) emoluments disregarded by an employer on the direction of an inspector in accordance with Regulation 10(3) of the PAYE Regulations,

(IV) any amount in respect of which relief is due under section 201(5)(a) and paragraphs 6 and 8 of Schedule 3, and

(V) emoluments of an individual who is resident in a territory with which arrangements have been made under subsection (1)(a)(i) or (1B)(a)(ii) of section 826 in relation to affording relief from double taxation, where those emoluments are the subject of a notification issued under section 984(1).

(b) The income described in this paragraph (in this Part referred to as ‘relevant income’) is income, without regard to any amount deductible from or deductible in computing total income, from all sources as estimated in accordance with the Tax Acts, other than—

(i) relevant emoluments,

(ii) any emoluments, payments, expenses or other amounts referred to in clauses (I) to (V) of paragraph (a)(iv) of this Table,

(iii) any gains, income or payments to which any of the following provisions apply—

(I) Chapter 4 of Part 8;

(II) Chapter 5 of Part 8;

(III) Chapter 7 of Part 8;

(IV) Chapter 5 of Part 26;

(V) Chapter 6 of Part 26;

(VI) Chapter 1A of Part 27;

(VII) Chapter 4 of Part 27,

(iv) where section 825A applies in respect of an individual for a tax year, an amount equal to the difference between—

(I) the individual’s total income for the tax year had that section not applied for that year, and

(II) the amount of total income which if charged to income tax for the year would have given an amount of income tax payable equal to that which would be payable by virtue of the operation of that section,

(v) where section 1025 applies in respect of an individual, the amount of any deduction for any payment to which that section applies, made by an individual pursuant to a maintenance arrangement (within the meaning of that section) relating to the marriage for the benefit of the other party to the marriage unless section 1026 applies in respect of such payment,

(vi) where section 382 applies in respect of an individual carrying on a trade or profession, an amount equal to the amount referred to in section 531AU(1), and

(vii) where section 272, 284, 658 or 659 applies in respect of an individual carrying on a trade or profession, an amount equal to the amount referred to in section 531AU(2),

and—

(I) as if sections 140, 141, 142, 143, 195, 232, 234 and 664 were never enacted, and

(II) without regard to any deduction—

(A) in respect of double rent allowance under section 324(2), 333(2), 345(3) or 354(3),

(B) under section 372AP, in computing the amount of a surplus or deficiency in respect of rent from any premises,

(D) under section 847A, in respect of a relevant donation (within the meaning of that section), or

(E) under section 848A, in respect of a relevant donation (within the meaning of that section).

(2) Universal social charge shall not be payable for a tax year by an individual who proves to the satisfaction of the Revenue Commissioners that his or her aggregate income for the tax year does not exceed €4,004.

Rate of charge.

531AN.— (1) For the tax year 2011 and for each subsequent tax year an individual shall be charged to universal social charge on his or her aggregate income for the tax year—

(a) at the rate specified in column (2) of the Table to this section corresponding to the part of aggregate income specified in column (1) of that Table where the individual is aged under 70 years, and

(b) at the rate specified in column (3) of the Table to this section corresponding to the part of aggregate income specified in column (1) of that Table where the individual is aged 70 years or over at any time during the tax year.

(2) Notwithstanding subsection (1) and the Table to this section and subject to subsection (3), for the tax year 2011 and for each subsequent tax year where an individual has relevant income that exceeds €100,000, the individual shall, instead of being charged to universal social charge on the amount of the excess at the rates provided for in that Table, be charged on the amount of that excess—

(a) at the rate of 10 per cent where the individual is aged under 70 years, or

(b) at the rate of 7 per cent where the individual is aged 70 years or over at any time during the tax year.

(3) Notwithstanding subsection (1) and the Table to this section, for the tax year 2011 and for each subsequent tax year where an individual is aged under 70 years and has full eligibility for services under Part IV of the Health Act 1970 , by virtue of sections 45 and 45A of that Act or Council Regulation (EEC) No. 1408/71 of 14 June 1971, the individual shall, instead of being charged to universal social charge on the part of aggregate income for the tax year concerned that exceeds €16,016 at the rate provided for in column (2) of that Table, be charged on the amount of the excess at the rate of 4 per cent.

(4) Subsections (2) and (3) shall cease to have effect for the tax year 2015 and subsequent tax years.

TABLE

Part of aggregate income	Rate of universal social charge (Individual aged under 70 years)	Rate of universal social charge (Individual aged 70 years or over)
(1)	(2)	(3)
The first €10,036	2%	2%
The next €5,980	4%	4%
The remainder	7%	4%

Deduction and payment of universal social charge on relevant emoluments.

531AO.— (1) An employer shall be liable in the first instance to pay universal social charge due in respect of any payment of relevant emoluments.

(2) As respects any payment of relevant emoluments made to or on behalf of an employee on or after 1 January 2011, universal social charge shall be deducted from such emoluments by the employer at any or all of the following rates:

(a) zero per cent where the amount of the relevant emoluments does not exceed €77, in the case where the period in respect of which the payment is being made is a week, or a corresponding amount where the period is greater or less than a week;

(b) 2 per cent on the full amount of the relevant emoluments where that amount exceeds €77 but does not exceed €193, in the case where the period in respect of which the payment is being made is a week, or a corresponding amount where the period is greater or less than a week;

(i) where the amount of the relevant emoluments exceeds €193, but does not exceed €308,

(ii) where, in the case of an employee who is aged 70 years or over at any time during the tax year, the amount of the relevant emoluments exceeds €193, or

(iii) where, in the case of an employee who is aged under 70 years and has full eligibility for services under Part IV of the Health Act 1970 , by virtue of sections 45 and 45A of that Act or Council Regulation (EEC) No. 1408/71 of 14 June 1971 ¹ , the amount of the relevant emoluments exceeds €193,

in the case where the period in respect of which the payment is being made is a week, or a corresponding amount where the period is greater or less than a week;

(d) 7 per cent on the amount of the excess—

(i) where, in the case of an employee who is not aged 70 years or over at any time during the tax year, the amount of the relevant emoluments exceeds €308, or

(ii) where, in the case of an employee who does not have full eligibility for services under Part IV of the Health Act 1970 , by virtue of sections 45 and 45A of that Act or Council Regulation (EEC) No. 1408/71 of 14 June 1971, the amount of the relevant emoluments exceeds €308,

in the case where the period in respect of which payment is being made is a week, or a corresponding amount where the period is greater or less than a week,

and notwithstanding that the relevant emoluments are in whole or in part for some tax year other than that during which the payment is made.

(3) The provisions of Part 4 of the PAYE Regulations, with any necessary modifications, shall apply to universal social charge in respect of relevant emoluments and universal social charge payable by an employee shall only be recoverable from him or her by his or her employer by deduction in accordance with those provisions.

(4) Within 14 days of the end of every income tax month the employer shall remit to the Collector-General the total of all amounts of universal social charge that the employer was liable to deduct from relevant emoluments paid by the employer during that income tax month.

(5) The Collector-General may, in writing, and unless the employer objects, authorise the employer to remit to the Collector-General, within 14 days from the end of such longer period (if any) than the period specified in subsection (4) but not exceeding one year, as may be so authorised, the total of all amounts of universal social charge which the employer was liable to deduct from relevant emoluments paid by the employer during that longer period.

(6) Where a remittance referred to in subsection (4) is made by such electronic means (within the meaning of section 917EA) as are approved by the Revenue Commissioners, that subsection shall apply and have effect as if ‘within 23 days of the end of every income tax month’ were substituted for ‘within 14 days of the end of every income tax month’ but, where that remittance is not made within that period of 23 days, subsection (4) shall apply and have effect without regard to the provisions of this subsection.

(7) On payment of universal social charge, the Collector-General may send, make available or cause to be made available to the employer concerned a receipt in respect of the payment which shall consist of whichever of the following the Collector-General considers appropriate, namely—

(a) a separate receipt in respect of each such payment, or

(b) a receipt for all such payments made within the period specified in the receipt.

(8) Within 46 days from the end of a tax year, or from the date the employer ceases permanently to be an employer to whom Regulation 7(1) of the PAYE Regulations applies, whichever is the earlier, the employer shall send to the Collector-General—

(a) a return, in a form provided or approved by the Revenue Commissioners, in respect of each individual to whom payment of relevant emoluments was made during the tax year showing—

(i) the total amount of universal social charge payable as respects the individual in the tax year,

(ii) the dates of commencement and cessation within the tax year of the employment of the individual, where applicable,

(iii) the rate of universal social charge payable as respects the individual, and

(iv) the total relevant emoluments paid to the individual in the tax year,

and

(b) a statement, declaration and certificate in such form as may be provided or approved by the Revenue Commissioners, showing the total amount of universal social charge which the employer was liable to remit in respect of every individual to whom payment of relevant emoluments was made in the tax year.

(9) Where the employer is a body corporate, the declaration and certificate referred to in subsection (8)(b) shall be signed either by the secretary or a director of the body corporate.

(10) (a) Within 46 days from the end of a tax year, the employer shall give to every employee who is in the employer’s employment on the last day of the tax year and from whose relevant emoluments any universal social charge has been deducted during that tax year, a certificate showing—

(i) the total amount of universal social charge deducted from the relevant emoluments of the employee during that tax year,

(ii) the date of commencement within that tax year of the employment of the employee, where applicable,

(iii) the rate of universal social charge payable as respects the employee, and

(iv) the total relevant emoluments paid to the employee in that tax year.

(b) The certificate specified in paragraph (a) shall be in such form as may be provided or approved by the Revenue Commissioners.

(11) (a) An employer shall, in the case of an employee to whom he or she makes a payment of relevant emoluments, give to the employee, on the cessation of the period of employment to which the payment of universal social charge in respect of the employee relates, a certificate showing—

(i) the total universal social charge as respects the employee which the employer was liable to remit for the tax year in which the cessation occurs up to and including the date of cessation,

(ii) the dates of commencement (where applicable) and cessation within that tax year of the employment of the individual,

(iii) the rate of universal social charge payable as respects the employee, and

(iv) the total relevant emoluments paid to the employee in that tax year up to and including the date of cessation.

(b) The certificate specified in paragraph (a) shall be in such form as may be provided or approved by the Revenue Commissioners.

(12) This section shall cease to have effect upon the coming into operation of the regulations made under section 531AAB.

Record keeping.

531AP.— (1) An employer shall record the following particulars in respect of each employee to whom payment of relevant emoluments has been made in a tax year—

(a) the amount of each payment of relevant emoluments,

(b) the amount of universal social charge deducted from each such payment,

(c) the total amount of universal social charge which the employer is liable to remit in respect of each such payment, and

(d) the dates of commencement and cessation within the tax year of the employment of the individual, where applicable.

(2) The records specified in subsection (1) shall be in a form approved by the Revenue Commissioners and shall be retained by employers for not less than 6 years after the end of the tax year to which they relate.

(3) This section shall cease to have effect upon the coming into operation of the regulations made under section 531AAB.

Power of inspection.

531AQ.— (1) Regulation 32 of the PAYE Regulations, as it relates to inspection of records, shall apply, with any necessary modifications, to the particulars recorded pursuant to section 531AP as it applies to the records specified in the said Regulation 32.

(2) This section shall cease to have effect upon the coming into operation of the regulations made under section 531AAB.

Estimation of universal social charge due.

531AR.— Sections 989, 990 and 990A shall apply to universal social charge as they apply to income tax.

Universal social charge payable by chargeable persons (within the meaning of Part 41).

531AS.— (1) Universal social charge payable for a tax year in respect of an individual’s aggregate income for a tax year, being an individual who is a chargeable person (within the meaning of Part 41), shall be due and payable in all respects as if it were an amount of income tax due and payable by the chargeable person under the Income Tax Acts, but without regard to section 1017.

(2) An individual who, by virtue of section 140, 141, 142, 143, 195, 232, 234, or 664, would not be treated as a chargeable person (within the meaning of Part 41) in respect of the individual’s aggregate income for a tax year, shall be treated as such a chargeable person for the purposes of this Part.

(3) Universal social charge may be stated in one sum (in this section referred to as the ‘aggregated sum’) with the amount of income tax contained in any computation of, or any assessment or assessments to, income tax made by or on such an individual as is referred to in subsection (1).

(4) For the purposes of subsection (2) universal social charge may be so stated as referred to in subsection (3) notwithstanding that there is no amount of income tax contained in the computation, assessment or assessments, and all the provisions of the Tax Acts, other than any such provisions in so far as they relate to the granting of any allowance, deduction or relief, shall apply as if the aggregated sum were a single sum of income tax.

(5) Where universal social charge is payable for the tax year 2011 in respect of an individual’s aggregate income for a tax year, being an individual who is a chargeable person (within the meaning of Part 41), section 958 shall apply and have effect as if, in accordance with this Part, universal social charge had been payable for the tax year 2010 and as if income levy had not been payable for that tax year.

Universal social charge payable by persons other than chargeable persons (within the meaning of Part 41).

531AT.— (1) Universal social charge payable for a tax year in respect of an individual’s aggregate income for a tax year, being an individual who is not a chargeable person (within the meaning of Part 41), shall be assessed, charged and paid in all respects as if it were an amount of income tax due and payable under the Income Tax Acts, but without regard to section 1017.

(2) Subsections (2) and (3) of section 531AS, as they relate to the aggregation of universal social charge and income tax, shall apply, with any necessary modifications, as they apply to universal social charge due and payable by a chargeable person.

Capital allowances and losses.

531AU.— (1) Where an individual who has sustained a loss in a trade or profession for which relief from income tax has not been wholly given in an earlier tax year carries forward any unrelieved portion of that loss to a later tax year in accordance with section 382, the amount referred to in section 531AM(1)(b)(vi) is an amount equal to the amount of the carried forward loss that is deducted from or set off against the amount of profits or gains on which the individual is assessed to income tax under Schedule D in respect of that trade or profession for that later tax year.

(2) The amount referred to in section 531AM(1)(b)(vii) is—

(a) in the case of an individual who is entitled to an allowance for a tax year under section 284(1),

(b) in the case of an individual who is entitled to an allowance for a tax year under subsection (3) of section 272 of an amount determined in accordance with paragraph (a), (b), (c)(iii), (da), (db), (e) or (g) of that subsection,

(c) in the case of an individual who is entitled to an allowance for a tax year under subsection (2) of section 658 of an amount determined in accordance with paragraph (b) of that subsection, or

(d) in the case of an individual who is entitled to an allowance for a tax year under section 659(2)(a) determined in accordance with subsection (3A), (3AA), (3B) or (3BA) of that section,

an amount equal to the aggregate of—

(i) the amount of the allowance made in the tax year to which effect is given in taxing the individual’s trade or profession for that tax year, other than where effect is given by making a claim under section 381 by virtue of section 392, and

(ii) any unrelieved allowance, or part of an allowance, carried forward from a previous tax year in accordance with section 304(4) to which effect is given in the tax year,

other than where such an allowance is made on a lessor or where such an allowance is made on an individual who is not an active partner (within the meaning of section 409A).

Married couples.

531AV.— Where an election has been made or is deemed to have been made under section 1018 and has effect for a tax year, universal social charge payable by one spouse shall be charged, collected and recovered as if it were universal social charge payable by the spouse assessable under section 1017.

Repayments.

531AW.— (1) In any case of underpayment or overpayment of universal social charge to the Collector-General, payment of the amount not paid or repayment of the amount overpaid, as the case may be, shall be made to or by the Collector-General, as appropriate.

(2) In the case of an individual to whom section 531AM(2) applies, any universal social charge deducted from his or her income shall be repaid to the individual by the Revenue Commissioners on receipt of a valid claim made in such manner as may be approved by the Revenue Commissioners, and for the purposes of such repayment universal social charge shall be deemed to be income tax.

Restriction on deduction.

531AX.— (1) Universal social charge paid in respect of a tax year is in addition to, and does not reduce, any liability which an individual may have in respect of income tax or other taxes under the Tax Acts.

(2) Excess tax credits or reliefs which are available to an individual may not be set against any charge to universal social charge which is due and payable for a tax year.

Recovery of unpaid universal social charge.

531AY.— (1) Where any universal social charge in relation to an employee, remains unpaid for a tax year and is not otherwise recovered (in this section referred to as the ‘underpayment’), the employer shall be treated, on receipt of a notice from an inspector to the effect that this section applies, as making a payment of relevant emoluments to the employee in the subsequent tax year of an amount equal to the amount determined by subsection (2) (in this section referred to as ‘notional emoluments’).

(2) The amount of the notional emoluments shall be an amount that would produce an amount of universal social charge equal to the amount of the underpayment and which amount shall be set out in the notice issued under subsection (1).

(3) Where an employer is treated as making a payment of notional emoluments in accordance with subsections (1) and (2), the amount of the notional emoluments for the subsequent tax year shall be apportioned over that tax year to each week, in a case where relevant emoluments are paid weekly, or such corresponding period where relevant emoluments are paid for a period either greater or less than a week, and the employer shall deduct universal social charge by reference to the part of the notional emoluments for the tax year apportioned to each such week or a corresponding amount where the period is greater or less than a week.

(4) Where any universal social charge remains unpaid after the end of a tax year, the amount of tax credits (within the meaning of the PAYE Regulations) and the standard rate cut-off point (within that meaning) appropriate to an employee for any subsequent tax year may be adjusted as necessary by an inspector to collect unpaid universal social charge which is not otherwise recovered.

(5) Where, but for this subsection, no assessment to universal social charge would be made on an individual for a tax year, then an inspector may make an assessment to universal social charge on the individual to the best of the inspector’s judgement of the amounts chargeable to universal social charge, and the provisions of the Tax Acts, including in particular those provisions relating to the assessment, collection and recovery of tax and the payment of interest on unpaid tax, shall apply as respects any assessment to universal social charge made on the individual by virtue of this subsection, other than any such provisions in so far as they relate to the granting of any allowance, deduction or relief.

Repayments of, and recovery of unpaid, income levy.

531AZ.— (1) Where any income levy in relation to an employee, remains unpaid for the tax year 2009 or 2010 and is not otherwise recovered, the provisions of section 531AY in relation to—

(a) the making of notional emoluments and the apportionment of those emoluments, and

(b) the adjustment of tax credits and the standard rate cut-off point,

shall apply to the recovery of any underpayment of income levy as they apply to the recovery of any underpayment of universal social charge.

(2) Repayments of income levy paid for the tax years 2009 and 2010 shall, to the extent that insufficient income levy has been paid in 2011 or a later year, be made out of universal social charge.

Application of provisions relating to income tax.

531AAA.— The provisions of—

(a) Chapter 1 and 4 of Part 38, in relation to the making of returns of income,

(b) Chapter 1 and 2 of Part 39, in relation to the making of assessments of income tax,

(d) Chapter 1 of Part 42, in relation to the collection and recovery of unpaid income tax, and

(e) Part 47, in relation to penalties, offences, interest and other sanctions,

shall apply, with any necessary modifications, to universal social charge as those provisions apply to income tax.

Regulations.

531AAB.— (1) The Revenue Commissioners may make regulations for the purposes of the proper implementation and administration of this Part, and those regulations may, in particular and without prejudice to the generality of the foregoing, include provision—

(a) for requiring any employer who pays relevant emoluments exceeding the limit specified in section 531AM(2) to notify the Revenue Commissioners within the period specified in the regulations that that employer is such an employer;

(b) for requiring any employer making any payment of relevant emoluments, when that employer makes the payment, to make a deduction or repayment of universal social charge calculated by reference to such rate or rates of charge for the tax year as may be specified;

(c) for the deduction of universal social charge at whatever rate or rates are specified for a tax year in such cases or classes of cases as may be provided for by the regulations;

(d) for specifying the manner in which deductions or repayments of universal social charge are to be made from any payment of relevant emoluments made by an employer;

(e) for rendering persons who are required to make any deduction or repayment of universal social charge accountable, in the case of a deduction (whether or not made), for the amount of universal social charge deductible and liable to pay that amount to the Revenue Commissioners and entitled, in the case of a repayment, (if a repayment has been made) to be paid it, or given credit for it, by the Revenue Commissioners;

(f) for treating persons who are not employers as employers in such cases or classes of cases as may be provided for by the regulations;

(g) for the manner in which employers are to remit payments of universal social charge to the Revenue Commissioners, including remittance by electronic means, and the manner in which the Revenue Commissioners are to acknowledge such payments;

(h) for the period within which payment of universal social charge is to be remitted to the Revenue Commissioners;

(i) for requiring any employer making any payment of relevant emoluments to provide the Revenue Commissioners, within a period specified in the regulations, and in such form as the Revenue Commissioners may approve or provide, with information in relation to payments of relevant emoluments and universal social charge deducted from such relevant emoluments, and such other information as the Revenue Commissioners consider appropriate, and in whatever form they consider appropriate;

(j) for requiring any employer making any payment of relevant emoluments to provide his or her employees, within a period specified in the regulations or on the occurrence of a particular event such as the cessation of an employee’s employment, and in such form as the Revenue Commissioners may approve or provide, with information in relation to payments of relevant emoluments and universal social charge deducted from such relevant emoluments;

(k) for requiring every employer who pays relevant emoluments exceeding the limits specified in section 531AM(2) to keep and maintain a register of that employer’s employees in such manner as may be specified in the regulations and, on being required to do so on receipt of a notice from the Revenue Commissioners, to deliver the register to the Revenue Commissioners within the period specified in the notice;

(l) for the production to, and inspection by, persons authorised by the Revenue Commissioners of payroll records and other documents and records for the purpose of satisfying themselves that universal social charge in respect of relevant emoluments has been and is being duly deducted, repaid and accounted for;

(m) for the collection and recovery, whether by deduction from relevant emoluments paid in any tax year or otherwise, of universal social charge in respect of relevant emoluments which has not been deducted or otherwise recovered during the tax year;

(n) for the collection and recovery, to the extent that the Revenue Commissioners consider appropriate, and the employee does not object, of universal social charge in respect of income other than relevant emoluments, which has not otherwise been recovered during the tax year;

(o) for the collection and recovery, from the employee rather than from the employer, of any amount of universal social charge that the Revenue Commissioners consider should have been deducted by the employer from the relevant emoluments of the employee;

(p) for the collection and recovery from an employee of any amount of interest and penalties due from the employee that has not otherwise been recovered;

(q) for the repayment to an employer of a payment or remittance (including part of such a payment or remittance) that is in excess of the amount of liability due and payable under this Part against which it is credited provided that a claim for such repayment is made by the employer within 4 years after the end of the tax year to which the claim applies, and

(r) for appeals with respect to matters arising under the regulations that would not otherwise be the subject of an appeal.

(2) Any reference in regulations under this section to a payment of relevant emoluments shall include a reference to an amount referred to in section 531AY as ‘notional emoluments’.

(3) Regulations under this section shall apply notwithstanding anything in this Part, but shall not affect any right of appeal that a person would have apart from the regulations.

(4) Notwithstanding any other provision of this section, where the Revenue Commissioners are satisfied that it is unnecessary or is not appropriate for an employer to comply with any of the regulations made under subsection (1) they may notify the employer accordingly.

(5) Every regulation made under this section shall be laid before Dáil Éireann as soon as may be after it is made and, if a resolution annulling the regulation is passed by Dáil Éireann within the next 21 days on which Dáil Éireann has sat after the regulation is laid before it, the regulation shall be annulled accordingly, but without prejudice to the validity of anything previously done thereunder.

Care and management.

531AAC.— Universal social charge is under the care and management of the Revenue Commissioners and Part 37 shall apply to universal social charge as it applies to income tax.

Excess bank remuneration charge.

531AAD.— (1) In this section—

‘excess bank remuneration charge’ shall be construed in accordance with subsection (7);

‘relevant employee’, in relation to a specified institution, means an employee of the specified institution—

(a) who is resident in the State (within the meaning of Part 34) in a tax year for the purposes of the Acts, or

(b) the duties of whose employment in that specified institution are at any time in the tax year concerned performed wholly or partly in the State;

‘relevant remuneration’, in relation to a relevant employee, means, subject to subsection (2), relevant emoluments that are not regular salary or wages or a regular benefit or perquisite;

‘regular’, in relation to any salary, wages, fees, benefit or perquisite of a relevant employee, means so much of the amount of such salary, wages, fees, benefit or perquisite that does not vary according to—

(a) the performance of, or any part of—

(i) any business of the specified institution, or

(ii) any business of a person connected with the specified institution,

(b) the contribution made by the relevant employee to the performance of, or of any part of, any business referred to in subparagraph (i) or (ii) of paragraph (a), or

or any similar consideration;

‘specified institution’ means an institution, specified by order of the Minister for Finance made under section 6 (1) of the Credit Institutions (Financial Support) Act 2008 , that has received financial support under either or both that Act and the National Pensions Reserve Fund Act 2000 .

(2) This section does not apply in respect of a relevant employee to whom or in respect of whom relevant remuneration of not more than €20,000 is awarded during a tax year.

(3) For the purposes of this section, relevant remuneration is awarded during a tax year if—

(a) a contractual obligation to pay or provide it arises during the tax year, or

(b) the relevant remuneration is paid or provided during the tax year without any such obligation having arisen during the tax year.

(4) The amount of any relevant remuneration is—

(a) if it is money, its amount when awarded, or

(b) if it is money’s worth, the amount of the money’s worth when awarded.

(5) Where the market value (within the meaning of section 548) of any relevant remuneration at the time it is awarded exceeds, or would exceed, what would otherwise be its amount, its amount is that market value.

(6) (a) Where anything constituting relevant remuneration is or would be when awarded subject to any restriction the restriction is to be ignored in arriving at its amount.

(b) For the purpose of paragraph (a) ‘restriction’ means any condition, restriction or other similar provision that causes the market value of the relevant remuneration to be less than it would otherwise be.

(7) A relevant employee, instead of being charged to universal social charge at the rates provided for in section 531AN on that part of his or her aggregate income for a tax year that constitutes relevant remuneration awarded during the tax year to or in respect of the relevant employee by reason of his or her employment as an employee of the specified institution, shall be charged to universal social charge (to be known, for the purposes of this section, as ‘excess bank remuneration charge’) on the amount of that relevant remuneration at the rate of 45 per cent for that tax year.

(8) Notwithstanding section 531AO(2), as respects any award of relevant remuneration made to or in respect of a relevant employee in the period beginning on the date of the passing of the Finance Act 2011 and ending on 31 December 2011 and in each subsequent tax year, excess bank remuneration charge shall be deducted from relevant remuneration by the employer at the rate of 45 per cent.

(9) An employer shall for each award of relevant remuneration from which excess bank remuneration charge has not been deducted in the period beginning on 1 January 2011 and ending on the date of the passing of the Finance Act 2011 make and deliver to the Revenue Commissioners on or before 30 June 2011 a return, in such form as may be provided or approved by the Revenue Commissioners, including the following information in respect of each such payment—

(a) the name, address and Personal Public Service Number (within the meaning of section 262 of the Social Welfare Consolidation Act 2005 ) of the relevant employee to whom the relevant remuneration was awarded,

(b) the amount of the relevant remuneration awarded,

(c) the amount, if any, of universal social charge deducted and remitted to the Collector-General in respect of that relevant remuneration, and

(d) such other details or information as may be specified by the Revenue Commissioners in the return.

(10) Within 46 days from the end of a tax year an employer shall for each award of relevant remuneration made to or in respect of a relevant employee in the period beginning on the date of the passing of the Finance Act 2011 and ending on 31 December 2011 and in each subsequent tax year make and deliver to the Revenue Commissioners a return, in such form as may be provided or approved by the Revenue Commissioners, including the following information in respect of each such payment—

(b) the amount of the relevant remuneration awarded,

(c) the amount, if any, of excess bank remuneration charge deducted and remitted to the Collector-General in respect of that relevant remuneration, and

(d) such other details or information as may be specified by the Revenue Commissioners in the return.”.

(b) in section 960A in the definition of “Acts” by substituting the following for paragraph (g):

“(g) Parts 18A, 18B, 18C and 18D,”,

(d) in section 1002(1) in the definition of “the Acts” by substituting the following for paragraph (iiia):

“(iiia) Parts 18A, 18B, 18C and 18D,”,

(e) in section 1006(1) in the definition of “the Acts” by deleting paragraph (f),

(f) in section 1006(1) in the definition of “the Acts” by substituting the following for paragraph (aa):

“(aa) Parts 18A, 18B, 18C and 18D,”,

(g) in section 1077A in the definition of “the Acts” by substituting the following for paragraph (c):

“(c) Parts 18A, 18B, 18C and 18D,”,

(h) in section 1078(1) in the definition of “the Acts” by deleting paragraph (i),

(i) in section 1078(1) in the definition of “the Acts” by substituting the following for paragraph (ca):

“(ca) Parts 18A, 18B, 18C and 18D,”,

(j) in section 1079(1) in the definition of “the Acts” by substituting the following for paragraph (ca):

“(ca) Parts 18A, 18B, 18C and 18D,”,

(k) in section 1086(1) in the definition of “the Acts” by inserting the following after paragraph (a):

“(aa) Parts 18A, 18B, 18C and 18D,”,

(l) in section 1094(1) in the definition of “the Acts” by inserting the following after paragraph (c):

“(ca) Parts 18A, 18B, 18C and 18D,”,

(m) in section 1095(1) in the definition of “the Acts” by inserting the following after paragraph (c):

“(ca) Parts 18A, 18B, 18C and 18D,”,

and

(n) in paragraph 1(1) of Part 1 of Schedule 24 by substituting the following for the definition of “the Irish taxes”:

“ ‘the Irish taxes’ means income tax, income levy, universal social charge and corporation tax;”.

(2) This section applies for the year of assessment 2011 and each subsequent year of assessment.

¹ OJ No. L149, 5.7.1971, p.2

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