Revenue Tax Briefing Issue 5, -
This Tax Briefing outlines that -
Note: The obligation on an employer to keep and maintain, for PAYE purposes, a Register of Employees is separate and distinct from an employer’s obligation to register with Revenue for the purposes of the PAYE system.
Revenue officers carry out pre-arranged and unannounced visits to businesses to ensure that such businesses comply with their tax and duty obligations (including obligations on employers to register with Revenue for the purposes of the PAYE system and to keep and maintain, for PAYE purposes, a Register of Employees). Such visits may be random, may be part of a "sectoral review" of specific types of businesses or may stem from complaints to Revenue as regards an employer’s failure to operate the PAYE system (or to operate the PAYE system correctly). Some such visits are carried out jointly with other State agencies (for example, with the Department of Social Protection and the National Employment Rights Authority).
In addition, as part of a Revenue investigation, audit or other compliance check relating to the tax year 2012 and subsequent tax years, an employer may be requested to produce that employer’s Register of Employees.
Regulation 8 of the Income Tax (Employment) (Consolidated) Regulations 2001 (more commonly known as the PAYE Regulations) – as inserted by the Income Tax (Employment) (Consolidated) Regulations 2012 - obliges an employer to keep and maintain, in paper or electronic format, a register of all employees and such register is to be known as the Register of Employees.
A Register of Employees must include the following relevant details -
In some instances, an employer may, for the purposes of payroll, human resources or fulfilling a non-tax related statutory obligation, hold a record or register of all employees (and former employees). Such a record or register will suffice as a Register of Employees for PAYE purposes provided that it includes the relevant details outlined above.
An employer must keep and maintain the Register of Employees (or a copy of it) either at the normal place of employment of each employee or at the main place of business of the employer.
For employers who have a place of business in more than one location (or, indeed, several locations) and the payroll records, staff records, etc. are held in just one location (for example, a head office), that one location where the records are held may be accepted as that employer’s main place of business for the purposes of being the place of retention of that employer’s Register of Employees. However, it is to be noted that PAYE Regulation 8 provides that a Revenue officer may require an employer to produce, within the period specified by that officer, an extract from that employer’s Register of Employees. In this regard, such an extract may, for example, relate to the employees of a branch of a business that a Revenue officer may visit.
Although an employee may be employed on a temporary, part-time or casual basis, the relevant details (see Paragraph 4 above) of such employee must be entered in the employer’s Register of Employees.
An employer who keeps and maintains a register that does not include the relevant details (see Paragraph 4 above) of all employees shall be liable to the relevant penalty for not keeping and maintaining a Register of Employees.
On being required to do so by a Revenue officer, an employer has a statutory obligation to produce, within the period specified by that officer, that employer’s Register of Employees [or, as appropriate, a certified copy (including electronic copy) of it] or an extract from it to any Revenue officer.
Although an employer may -
the onus is on that employer to keep and maintain the Register of Employees (or a copy of it) at the normal place of employment of each employee or at that employer’s main place of business.
Where an employer is obliged, but fails, to keep and maintain a Register of Employees at the normal place of employment of each employee or at that employer’s main place of business, Section 987 Taxes Consolidation Act 1997 provides that that employer shall be liable to a penalty of €4,000. In addition to the penalty of €4,000, where that employer is a company, the secretary of that company is liable to a penalty of €3,000.
Section 903 Taxes Consolidation Act 1997 (Powers of inspection for PAYE purposes) provides that an authorised Revenue officer may enter any premises where he or she has reason to believe that an employer is or has been carrying on any activity as an employer. That officer may require an employer to produce any records which that officer may reasonably require for the purposes of his or her enquiry. Where, in the exercise of an authorised Revenue officer’s powers or duties under Section 903, an employer does not comply with a requirement of that officer, then that employer shall be liable to a penalty of €4,000.
Full details are set out in the Tax and Duty Manual "PAYE (Employers) Compliance" which can be found on the Revenue website at: About Us – Freedom of Information – Tax and Duty Manuals Section 16 – Compliance – Audit and Other Compliance Interventions – Code of Practice – PAYE (Employers) Compliance.