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Know your obligations for employee share schemes

Know your obligations for employee share schemes

If you provide shares to employees through an employee share scheme (ESS), it’s important you understand your tax obligations.

Filing employee share scheme information

When you are completing your payroll activity, you need to file employment information about any ESS benefits you provide to your employees, even if you choose not to deduct and pay tax on the benefits. 

Non-reporting of ESS benefits is a tax shortfall and this may lead to shortfall penalties. 

When you file, whether it’s in myIR, by paper, or through payroll software you’ll need to include: 

  • the employee's name and IRD number 
  • the taxable value of the ESS benefit (in the ESS field). Also include this amount in the Earnings not liable for ACC earners’ levy field 
  • the total tax, and any student loan or child support, deducted from the benefit. 

Reporting previous years ESS benefits 

If you have not told Inland Revenue about ESS benefits your company provided in previous years, you will need to let them know by making a voluntary disclosure. 

 Fixing mistakes in my return(external link) — Inland Revenue

Deducting and paying tax on ESS benefits

There are two options when it comes to deducting and paying tax on ESS benefits. 

Option 1: You deduct and pay the tax on ESS benefits when you're completing your payroll. You treat the ESS benefits as lump sum payments, also known as extra pay.  

Option 2: Your employees pay tax after the end of the tax year, once they’ve received their automatic income tax assessment or individual income tax return (IR3).

It is best practice to let your employees know about the tax obligations and remind them they will have to pay any tax owing on ESS benefits at the end of the tax year.  

More information about ESS

Inland Revenue has more information about employee share schemes.

Employee share schemes(external link) — Inland Revenue

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