he deadline for share scheme reporting is fast-approaching, and this update provides an overview of the share reporting requirements in Ireland.
Irish tax law requires that certain details be filed in relation to share options in respect of the grant, exercise, release and / or cancellation of share / stock options granted by both Irish and non-Irish companies during a particular year to Irish tax resident directors / employees or directors / employees who exercise their duties in Ireland ("Share Option Events").
Irish legislation also provides for the mandatory electronic reporting of certain other forms of share-based remuneration. This includes restricted stock units (RSUs), restricted shares, convertible shares, forfeitable shares, discounted shares, phantom shares, stock appreciation rights, growth / flowering / hurdle shares and any other award which is a cash-equivalent of shares (the "Other Awards").
A return in relation to both Share Option Events and Other Awards must be filed with Irish Revenue by 31 March of the year following the relevant event. Thus, in respect of 2022, the returns to be filed with Irish Revenue are due to be filed by 31 March 2023.
Share Option Events
The details which are required to be reported on a Form RSS1 include information in relation to:
- share options and other rights granted;
- shares allotted following share options exercised;
- assets transferred - rights (other than share options) exercised; and
- consideration given for share options and other rights assigned / released.
Other Awards
The details which are required to be reported on a Form ESA depend on the form of Other Award in question but, broadly, relate to the grant / settlement / disposal of Other Awards.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.