531AM Charge to universal social charge.

(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 ^[28]>Regulations 41 and 42 of the PAYE Regulations^<[28][28]>Regulation 31 of the Income Tax Regulations^<[28],

(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, ^[3]>except where such shares were held by an employee share ownership trust, approved in accordance with Schedule 12, before 1 January 2011,^<[3]

(iii) the market value (determined in accordance with section 548) of the right referred to in section 519A(1) or 519D(1), ^[4]>and^<[4]

^[5]>

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

^<[5]

^[5]>

(iv) any gain exempted from income tax by virtue of section 519A(3) or 519D(3) after such a gain is reduced by the market value of the right referred to in subparagraph (iii), and

^<[5]

^[6]>

(v) the “specified amount” as defined in section 825C,

^<[6]

but not including—

(I) social welfare payments and similar type payments,

(II) excluded emoluments,

(III) emoluments disregarded by an employer ^[29]>on the direction of an inspector in accordance with Regulation 10(3) of the ^[7]>PAYE Regulations^<[7][7]>PAYE Regulations, ^[16]>and^{<[16]<[7]<[29][29]>}following receipt of a notification issued by an inspector under section 984(1)^<[29],

(IV) any amount in respect of which relief is due under section 201(5)(a) and paragraphs 6 and 8 of ^[8]>Schedule 3, and^{<[8][17]>[8]>}Schedule 3.^{<[8]<[17][24]>[17]>}Schedule 3, and^{<[17]<[24][24]>}Schedule 3,^<[24]

^[9]>

(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).

^<[9]

^[18]>

(V) any amount transferred by an administrator under section ^[25]>782A(3).^<[25][25]>782A(3), and^<[25]

^<[18]

^[26]>

(VI) emoluments in the nature of a contribution by an employer to a PRSA (within the meaning of Chapter 2A of Part 30).

^<[26]

(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 ^[19]>clauses (I) to ^[10]>(V)^<[10][10]>(IV)^{<[10]<[19][19]>}subparagraphs (I) to (V)^<[19] of paragraph (a)^[11]>(iv)^<[11] 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,

^[2]>

(va) where section 1031J 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) for the benefit of his or her civil partner or former civil partner unless section 1031K applies in respect of such payment,

(vb) where section 1031Q applies in respect of an individual, the amount of any deduction for any payment to which that section applies, made by a qualified cohabitant pursuant to a maintenance arrangement (within the meaning of that section) for the benefit of the other qualified cohabitant,

^<[2]

(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 ^[12]>section 531AU(1), and^<[12][12]>section 531AU(1),^<[12]

(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 ^[13]>section 531AU(2),^<[13][13]>section 531AU(2), and^<[13]

^[14]>

(viii) where section 372AP applies in respect of an individual, the amount that the individual is deemed to have received as rent in accordance with subsection (7) of that section where the individual received, or was entitled to receive, the deduction referred to in subsection (2) of that section on or after 1 January 2012,

^<[14]

and—

(I) as if sections 140, 141, 142, 143, 195, 232, 234 and 664 were never ^[20]>enacted, and^<[20][20]>enacted,^<[20]

(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,

(C) under section 372AU, 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 ^[21]>(within the meaning of that section).^<[21][21]>(within the meaning of that section), and^<[21]

^[22]>

(III) including a balancing charge in respect of any amount that would have been deducted by virtue of subparagraph (vii).

^<[22]

(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 ^[15]>€4,004^{<[15][23]>[15]>}€10,036^{<[15]<[23][27]>[23]>}€12,012^{<[23]<[27][27]>}€13,000^<[27].