13/09/2021

13/09/2021

Revenue Releases Share Schemes Reporting Return

Revenue eBrief 120/21 was issued on 20 June 2021. It deals with two aspects as follows:
  1. The new share schemes reporting return (Form ESA), and 
  2. Notification that two new chapters have been added to the Shares Schemes manual.

FORM ESA

Finance Act 2020 provides for the mandatory electronic reporting of certain share-based remuneration. This includes restricted stock units (RSUs), restricted shares, convertible shares, forfeitable shares, discounted shares, and any other award with cash-equivalent of shares. A new electronic form, known as form ESA is now available for download on the Revenue website. It has a format very similar to the existing KEEP1, RSS1 and ESS1 electronic returns. It consists of a pre formatted spreadsheet which can be uploaded through the Revenue Online Service (ROS).

What types of rewards must be returned?

The instructions and explanatory notes on the completion and filing of the electronic Form ESA are included in the form. The schemes to be reported include the following:
  • Restricted Stock Units.
  • Discounted, free or matching shares awarded under an Employee Share Purchase Plan (ESPP).
  • Restricted Shares.
  • Convertible Securities.
  • Forfeitable Shares.
  • Phantom Shares, Stock appreciation rights and other cash awards linked to a specified stock.
  • Growth, Hurdle or Flowering Shares.

Filing Dates

The electronic Form ESA will apply for the tax year 2020 onwards, with a filing deadline of 31 August 2021 for the 2020 return only. For subsequent years, the reporting date of 31 March following the relevant tax year will apply.

SHARES SCHEME MANUAL UPDATED

Two new chapters have been added to the Revenue’s Share Schemes manual as follows:
  • Growth Shares
  • Cash Settled Share Awards
See our separate commentaries on Growth Shares and Cash Settled Rewards. 

How can we help?

We are here to support you and your business in these unprecedented times. We would encourage you to reach out to us if you would like to discuss any of the matters referred to above. Equally feel free to call if you would like to discuss matters generally.  Please accept this communication as our interpretation of the subject matter. Always take tax advice specific to your fact pattern. You are encouraged to contact us if you are unclear or would like to discuss the content.