If you provide shares to employees through an employee share scheme (ESS), it’s important you understand your tax obligations.
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:
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
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.
Inland Revenue has more information about employee share schemes.
Employee share schemes(external link) — Inland Revenue