Revenue eBrief No. 120/21
20 June 2021
Updated Share Schemes Manual and New Share Schemes Reporting Return (Form ESA)
Section 8 of the 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.
Further to eBrief No. 103/21, the electronic Employer’s Share Awards return (Form ESA) 2020 will be available on the Revenue website from 21 June 2021.
The new return will have a format very similar to the existing KEEP1, RSS1 and ESS1 electronic returns – a pre-formatted spreadsheet which can be uploaded through the Revenue Online Service (ROS).
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.
The instructions and explanatory notes for customers and agents on the completion and filing of the electronic Form ESA are included in the form and the relevant TDMs. Chapter 15 (previously Chapter 13) of the Share Schemes manual, ‘Share Scheme Reporting’, is being updated to include guidance on filing of the return.
The following chapters of the Share Schemes manual have also been updated to include references to the reporting obligations on the Form ESA:
- Chapter 02 – Restricted Stock Units (RSU)
- Chapter 04 – Employee Share Purchase Plans (ESPP)
- Chapter 05 – Convertible Shares
- Chapter 06 – Forfeitable Shares
- Chapter 07 – Shares acquired at less than Market Value
- Chapter 08 – Restricted Shares. (This chapter has also been updated to include clarification in relation to the individual’s responsibility to adjust income tax on a self-assessment basis if there is any variation in the restriction.)
Additionally, two new chapters have been added to the Share Schemes manual:
References to these two new chapters have been included in Chapter 01 – Introduction and Overview.
Note that further updates to the Share Schemes manual may follow in the next few weeks as Revenue will consider any feedback received on the above updates.