Taxes Consolidation Act, 1997 (Number 39 of 1997)
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897A Returns by employers in relation to pension products.
(1) In this section—
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“Consolidated Regulations” means the Income Tax (Employments) (Consolidated) Regulations 2001 (S.I. No. 559 of 2001);
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“emoluments” means emoluments to which Chapter 4 of Part 42 applies;
“employee”—
(a) in relation to an employee pension contribution, has the same meaning as it has for the purposes of Chapter 1 of Part 30, and
(b) in relation to a PRSA contribution, has the same meaning as in subsection (1) of section 787A;
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“employee pension contribution”, in relation to a year of assessment and a scheme referred to in either section 774 or 776, means an allowable contribution within the meaning of paragraph (b) of Regulation 41 (inserted by the Income Tax (Employments) Regulations 2002 (S.I. No. 511 of 2002)) of the Consolidated Regulations;
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“employee pension contribution” in relation to a year of assessment and a scheme referred to in either section 774 or 776, means a contribution referred to in paragraph (1)(b) of Regulation 31 of the Income Tax Regulations;
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“Income Tax Regulations” means the Income Tax (Employments) Regulations 2018 (S.I. No. 345 of 2018);
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“employer”—
(a) in relation to an employee pension contribution and an employer pension contribution, shall be construed for the purposes of this section in the same way as it is construed for the purposes of Chapter 1 of Part 30, and
(b) in relation to a PRSA employee contribution and a PRSA employer contribution, has the same meaning as in section 787A(1);
“employer pension contribution”, in relation to a year of assessment and an exempt approved scheme (within the meaning of section 774), means any sum paid by an employer in the year of assessment by means of a contribution under the scheme in respect of employees in a trade or undertaking in respect of the profits of which the employer is assessable to tax;
“PRSA” shall be construed in accordance with section 787A(1);
“PRSA contribution” has the meaning assigned to it by section 787A(1);
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“PRSA employee contribution”, in relation to a year of assessment, means any PRSA contribution made by an employee in the year of assessment which is an allowable contribution within the meaning of paragraph (c) of Regulation 41 (inserted by the Income Tax (Employments) Regulations 2002) of the Consolidated Regulations;
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“PRSA employee contribution”, in relation to a year of assessment, means any PRSA contribution made by the employee in the year of assessment which is a contribution referred to in paragraph (1)(c) of Regulation 31 of the Income Tax Regulations;
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“PRSA employer contribution”, in relation to a year of assessment, means any PRSA contribution referred to in section 787E(2) made by an employer to a PRSA in the year of assessment;
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“RAC premium”, in relation to a year of assessment, means any qualifying premium (within the meaning of section 784) paid by an individual in the year of assessment which is an allowable contribution within the meaning of paragraph (d) (inserted by the Income Tax (Employments) Regulations 2003 (S.I. No. 613 of 2003 )) of Regulation 41 of the Consolidated Regulations.
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“RAC premium”, in relation to a year of assessment, means any qualifying premium (within the meaning of section 784) paid by an individual in a year of assessment which is a contribution referred to in paragraph (1)(d) of Regulation 31 of the Income Tax Regulations.
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(2) Any person who, in relation to a year of assessment, is required by Regulation 31 of the Consolidated Regulations to send prescribed or approved forms to the Collector-General shall include, in one of those forms, details of the following matters in the manner specified in that form—
(a) the respective numbers of employees in respect of whom that person deducted—
(i) an employee pension contribution,
(ii) a PRSA contribution,
(iii) a RAC premium,
from emoluments due to the employee in the year of assessment in relation to which the return is being made,
(b) the respective numbers of employees in respect of whom that person made—
(i) an employer pension contribution,
(ii) a PRSA employer contribution,
in that year,
(c) the respective total amounts of—
(i) employee pension contributions,
(ii) PRSA contributions,
(iii) RAC premiums,
deducted by the person from emoluments due to the employees of that person in that year,
(d) the respective total amounts of—
(i) employer pension contributions,
(ii) PRSA employer contributions,
made by that person in respect of the employees of that person in that year.
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(2) Any person who is required to notify the Revenue Commissioners under section 985G(2) shall include the following particulars relating to employees in that notification—
(a) where a pension contribution deduction is made from the emoluments paid to an employee, the amount of the pension contribution,
(b) where a PRSA contribution deduction is made from the emoluments paid to an employee, the amount of the PRSA contribution,
(c) where an RAC premium deduction is made from the emoluments paid to an employee, the amount of the RAC premium,
(d) where an additional superannuation contribution deduction is made from the emoluments paid to an employee, the amount of the additional superannuation contribution,
(e) the amount of an employer pension contribution, and
(f) the amount of a PRSA employer contribution.
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(3) Sections 1052 and 1054 shall apply to a failure by a person to make the return required by subsection (2) as they apply to a failure to deliver a return referred to in section 1052.
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(3) Sections 1052 and 1054 shall apply to a failure by a person to provide the particulars required by subsection (2) as they apply to a failure to deliver a return referred to in section 1052.
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Inserted by FA04 s86(1). Applies as respects the year of assessment 2005 and subsequent years of assessment.
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Deleted by FA18 s58(1)(m)(i)(I). Applies for the year of assessment 2019 and each subsequent year of assessment in respect of emoluments paid on or after 1 January 2019.
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Substituted by FA18 s58(1)(m)(i)(II). Applies for the year of assessment 2019 and each subsequent year of assessment in respect of emoluments paid on or after 1 January 2019.
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Inserted by FA18 s58(1)(m)(i)(III). Applies for the year of assessment 2019 and each subsequent year of assessment in respect of emoluments paid on or after 1 January 2019.
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Substituted by FA18 s58(1)(m)(i)(IV). Applies for the year of assessment 2019 and each subsequent year of assessment in respect of emoluments paid on or after 1 January 2019.
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Substituted by FA18 s58(1)(m)(i)(V). Applies for the year of assessment 2019 and each subsequent year of assessment in respect of emoluments paid on or after 1 January 2019.
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Substituted by FA18 s58(1)(m)(ii). Applies for the year of assessment 2019 and each subsequent year of assessment in respect of emoluments paid on or after 1 January 2019.