PAYE and Foreign Employments

Background

Arising from a Financial Resolution passed on Budget day, with effect from 1 January 2006, so much of employment income (salaries, fees, wages, perquisites, profits and taxable benefits from employments) as is attributable to the performance in the State of the duties of a foreign employment of an individual will be chargeable to income tax under Schedule E.

With effect from 1 January 2006, as regards the income of a foreign employment, it will be necessary to distinguish:

• that part of the income attributable to the performance in the State of duties of such employment; and
• that part of the income attributable to the performance outside the State of duties of such employment.

As regards the income at (i), irrespective of the residence or domicile position of the individual, such income is now chargeable to tax under Schedule E and within the scope of PAYE. In addition, the remittance basis of taxation may no longer be claimed in respect of such income as it is now chargeable to tax under Schedule E.

As regards the income at (ii), for Irish resident individuals, such income remains chargeable to tax under Case III of Schedule D and, where appropriate, the remittance basis of taxation continues to apply in respect of this income.

Further Time to Put Arrangements in Place

The Revenue Commissioners have announced that, to allow further time to put arrangements for the operation of PAYE in place, the commencement of the operation of PAYE on the income at (i) above may be postponed until no later than the 1 March 2006 provided that:

• all PAYE deductions, relevant to the period 1 January 2006 to 28 February 2006 or shorter period of postponement, are submitted by 31 December 2006 (i.e. such deductions may be made and submitted during the period 1 March to 31 December); and
• all PAYE deductions for the period 1 March 2006 to 31 December 2006 inclusive are made and submitted in the normal manner.

Of course, employers, who are in a position to do so, may begin operation of PAYE as respects the relevant employment income earned from 1 January without any postponement.