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Part 6: Ireland Individual Business Employment Issues

6.1 Ireland Individual Business Employer Responsibilities

The duties and responsibilities of individuals in business as regards employing people

Employers who pay EUR8 per week (equivalent to EUR36 per month) to an employee with only one employer; or EUR2 per week (equivalent to EUR9 per month) to an employee with more than one employer are obliged to administer PAYE and PRSI for their employees. (NB: businesses are generally required to register as an employer and pay PAYE/PRSI on the pay of their directors, even if there are no other employees.)

PAYE, or Pay As You Earn requires the employer to calculate and deduct the income tax due each time a wage or salary payment is made to an employee. Employers are also obliged to calculate and deduct any liability to Pay Related Social Insurance (PRSI) – the obligation for which kicks in at the same level as for PAYE -- and income levies. Employers pay PRSI for each employee at a rate of 10.75% (reduced to 8.5% if the employee's income is less than EUR356 per week). A variable rate (depending on earnings) health contribution has traditionally been payable (within the PRSI payment) by employers, employees, and the self-employed, although the austerity budget delivered in December 2010 introduced sweeping changes in this area; see below.

The PRSI contribution is calculated according to the contribution class that the employee belongs to (usually determined by the type of employment, and designated by letters: A, B, C, D, E, H, J, K, M, P, and S), and by the subclass that applies within the primary contribution class (designated by the codes: 0, X, L, 1, and 2, so for example, the full designation could be A1, or DX).

A full explanation of the contribution classes can be found here: http://www.welfare.ie/EN/Publications/SW3/Pages/26HowtodecidetheSocialInsurancecontributionclass.aspx#26

A link to the contribution rates system can be found here: http://www.welfare.ie/EN/Publications/sw14_apr09/Pages/EarningBandsandSubclasses.aspx , with 2010 updates available here: http://www.welfare.ie/EN/Publications/SW14/SW14_10/Pages/MainPRSIChangesfor2010.aspx .

Updated in December 2010 In the 2010/11 budget, it emerged that employed and self-employed workers would both pay a 4% PRSI rate from 2011; previously, the self-employed paid 3% and employees 4%. In addition, the budget unveiled a new ‘universal social contribution’, in place from January 2011, which replaces the health levy and the income levy.

Under the universal system, contributions are necessary on various new sources of income, including rental income, investments and share options (unearned income).

The budget also removed the EUR75,036 threshold at which employees pay no further PRSI contributions, made employee pension contributions subject to PRSI and the Universal Social Charge, and reduced employer PRSI relief on pension contributions made by their employees by 50%.

 

With regard to pension provision, an employer is not obliged to provide an occupational pension scheme for their employees, although since 2003, they must allow employees to contribute to a Standard Personal Retirement Savings Account (PRSA) via the payroll, if required. This entails entering into a contract with at least one PRSA provider, informing employees of the availability of the scheme, making deductions, and advising the employee of their total contribution. Records of these contributions must be maintained by the small business and provided to the Pensions Board on request.

Beyond the compulsory withholding of PRSI contributions, businesses in Ireland have no obligation to provide healthcare schemes for their employees. Unemployment benefits are also provided based on PRSI contributions.

In November 2009, the Revenue Commission announced that it was extending the rules granting small businesses permission to file returns and make payments regarding Employers PAYE/PRSI and VAT less frequently than their larger counterparts, to newly eligible small entities, from January 2010.

The reduction in the frequency of tax returns and payments for smaller businesses was introduced during 2006 and 2007, and meant that:

  • Businesses making total annual PAYE/PRSI payments of up to EUR28,800 became eligible to make their payments on a quarterly rather than monthly basis;
  • Businesses making total annual VAT payments of less than EUR3,000 became eligible to file VAT returns and make their payments on a six-monthly basis; and
  • Businesses making total annual VAT payments of between EUR3,000 and EUR14,400 became eligible to file VAT returns and make their payments on a four-monthly basis.


The new regime was designed to boost cashflow to SMEs, and to reduce their administration costs. These simplified arrangements were further extended to include newly eligible businesses from January 1, 2010.

 

Introductory Guides

Brief, clearly written summaries with links to relevant sections of the Fact-File. The Fact-File itself is linked in full below.

 

Fact-File

Part 1: Business Formation for Individuals

  1. Ireland Individual Business Structures
  2. Ireland Individual Business Registration
  3. Ireland Individual Business Registration Cost
  4. Ireland Individual Business Licensing
  5. Ireland Foreigners in Business
  6. Ireland Business Organisations
  7. Ireland Business Accounting
  8. Ireland Family Business Ownership
  9. Ireland Venture Capital
  10. Ireland Individual Business Franchises

Part 2: Ireland Individual Business Domestic Taxation

  1. Ireland Individual Business Tax Residence Rules
  2. Ireland Permanent Establishment
  3. Ireland Individual Income Tax Rates and Bands
  4. Ireland Personal Allowances and Business Deductions
  5. Ireland Husband and Wife Partnerships
  6. Ireland Partnership Income Taxation
  7. Ireland Limited Companies Income Taxation
  8. Ireland Business Profit Retention
  9. Ireland Business Losses
  10. Ireland Value Added Tax (VAT)
  11. Ireland Individual Business Capital Gains Tax (CGT)
  12. Ireland Individual Business Other Taxes
  13. Ireland Individual Artists Royalties
  14. Ireland Individual Business Tax-Efficient Profit Distribution

Part 3: Ireland Individual Business International Taxation

  1. Ireland Individual Business International Tax Liability
  2. Ireland Individual Business Withholding Taxes
  3. Ireland Double Tax Treaties

Part 4: Ireland Individual Business Tax-Efficient Structures

  1. Ireland Individual Business Trusts and Foundations
  2. Ireland Individual Business for Non-Residents
  3. Ireland Individual Business use of Offshore
  4. Ireland Controlled Foreign Corporation (CFC) Rules
  5. Ireland Personal Estate and Inheritance Planning

Part 5: Ireland Small Business Incentive Programs

  1. Ireland Small Business Support Schemes
  2. Ireland Training Incentive Schemes
  3. Ireland R&D Tax Credits
  4. Ireland Individual Business Tax Holidays

Part 6: Ireland Individual Business Employment Issues

  1. Ireland Individual Business Employer Responsibilities
  2. Ireland Employment vs Self-Employment Tax Issues
  3. Ireland Apprenticeship and Work Experience Schemes
  4. Ireland Employee Dismissal Rules
  5. Ireland Business Owner Employment and Invoicing Rules

Part 7: Ireland Business Owner Welfare and Lifestyle

  1. Ireland Business Social Security
  2. Ireland Business Domestic Pensions
  3. Ireland Offshore and International Pensions
  4. Ireland Individual Business Healthcare
  5. Ireland Individual Business Banking Services
  6. Ireland Education
  7. Ireland Individual or Business Leaving Ireland
  8. Ireland Domestic Real Estate
  9. Ireland International Real Estate