Aug 2013
31
With the recent introduction of the Local Property Tax, the helpline at Thesaurus Software HQ has been busy answering queries relating to it.
One of those queries has been to do with the filing of the monthly/quarterly P30.
If an employer, registered with ROS, has been creating the P30 on the Thesaurus Payroll Manager and then uploading it to ROS, there has not been any issue. However an employer trying to submit an online P30 on ROS itself is running into issues arising from where to enter the LPT.
The P30 had been showing fields for the PAYE & USC and then also for PRSI but nowhere was it showing a field for the LPT.
Revenue rectified this problem recently by changing the format of the online P30 and P35 so that the LPT and the USC fields are now separate from the PAYE.
Please see Revenue e-brief 35/13 for more information - http://www.revenue.ie/en/practitioner/ebrief/2013/no-352013.html
Aug 2013
30
This July the Government published the Protected Disclosures Bill 2013, commonly known as the “Whistleblowing Bill”. The aim of the bill is to combat corruption and promote a culture of public accountability and transparency. The Bill encourages workers to disclose information relating to wrongdoing in the workplace by offering protection against penalisation should they make a protected disclosure / blow the whistle.
When the Bill is enacted, likely to be later this Autumn, a whistleblower’s protection will include protection from dismissal or any form of penalisation by their employer. If an employee is found to have been dismissed unfairly for having made a protected disclosure, employers could be faced with compensation payments of up to 5 years remuneration. The usual service level of 1 year for cases of unfair dismissal will not apply to Whistleblowing cases.
In preparation of this new legislation, employers are advised to start reviewing their internal policies and procedures and to start considering establishing a robust whistleblowing policy to suit their business. Should you require assistance, Bright Contracts will be providing template policies and guidance on how deal with whistleblowing complaints.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
Aug 2013
28
EMPLOYERS, DID YOU KNOW THAT YOU CAN PROVIDE EMPLOYEES WITH EQUIPMENT SUCH AS COMPUTERS, PRINTERS, SCANNERS, FAX MACHINES, OFFICE FURNITURE ETC TO WORK FROM HOME WITHOUT A BENEFIT IN KIND CHARGE.
Where the provision of such equipment is for business use, a benefit in kind charge will not arise in respect of incidental private use.
eWorking:
eWorking is regarded as a method of working using information and communication technology in which work carried out is not bound to any particular location.
Ways of eWorking include:
Working at home on a full time or part time basis
Working some of the time at home and the remainder of the time in the office
Working while on the move, with infrequent or occasional visits to the office
eWorking involves:
Working for substantial periods outside the employer’s premises
Logging onto the employer’s computer remotely
Sending & receiving email, data or files remotely
Developing ideas, products and services remotely
eWorkers will incur additional costs in the performance of their duties in their home e.g. electricity & heating costs. In addition to providing the necessary equipment an employer can pay these employees up to €3.20 per day without deducting PAYE, PRSI or USC. If the actual expense incurred by eWorking employees is higher the employer can reimburse the employee provided they have the backup documentation, records should always be kept.
Details can be found on Revenue’s website http://www.revenue.ie/en/tax/it/leaflets/it69.html
If you have any queries please email: audrey@thesaurussoftware.com/audrey@brightpay.ie
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
Aug 2013
23
Below you will find a handy employer’s checklist for a NERA (National Employment Rights Authority) inspection:
1. Do you have your employer’s registration number with the Revenue Commissioners?
2. Have you a list of all your employees together with their PPS numbers and addresses?
3. Have you the dates of commencement of employment for all employees? (And dates of termination if applicable?)
4. Have you given all your employees a written statement of terms and conditions of employment?
5. Have you the employees’ job classification?
6. Have you a record of their annual leave and public holidays taken by each employee?
7. Have you a record of hours worked for all employees?
8. Have you a record of all payroll details?
9. Can you prove that you provide your employees with a written statement of pay?
10. Have you a record or register of all employees under the age of 18?
11. Have you employment permits where applicable?
12. Have you filled out the template letter details that you will receive from NERA advising you of the inspection?
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
Aug 2013
19
The National Minimum Wage Act, 2000 states that the NMW is €8.65 per hour, there are some exceptions to this.
Where employees are under the age of 18 or within the first 2 years after the date of their first employment over the age of 18, the rate is €6.06 per hour
In the first 2 years after the date of first employment over the age of 18, the rate is €6.92 per hour in the first year and €7.79 per hour in the second year
Or
Where a trainee is doing a course which complies with S.I. No. 99 of 2000 for the 1st one third of the period the rate is €6.49 per hour, the 2nd one third the rate is €6.92 per hour, and the 3rd one third the rate is €7.79 per hour.
S.I. No 99 of 2000 is the Statutory Instrument which forms part of the National Minimum Wage Act, 2000
For the protection of both employees and employers a Contract of Employment, which is now a legal requirement, should be given to each employee as this will state clearly what is expected of both sides and will minimise or hopefully prevent issues arising that lead to ill feeling or disputes in the workplace.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
Aug 2013
14
EMTS Credit Transfers V SEPA Credit Transfers
EMTS Credit Transfer Files require Bank Sort Codes and Bank Account Numbers.
SEPA Credit Transfer Files require Bank Identifier Codes (BIC’s) and International Bank Account Numbers (IBAN’s). Thesaurus Payroll Manager converts existing Bank Sort Codes and Bank Account Numbers to BIC’s and IBAN’s, users only need to obtain BIC and IBAN details for employees who require payment into Non Irish Bank Accounts.
With an EMTS Credit Transfer file the value date is the payment date, e.g. employees getting paid on the 16th of August the value date is the 16th of August. The file is uploaded with the value date of the 16th of August and the bank ensures employees are paid on that date.
With a SEPA Credit Transfer file users are required to enter a “Debit Date”, this is one business banking day prior to the day the funds are received. When paying employees on the 16th of August the Debit Date on the file needs to be the 15th of August and the file must be uploaded on or before the 15th of August.
Another big change, with SEPA Credit Transfer Files funds are required to be in your account one day earlier i.e. on the “Debit Date”. The bank will secure funds on the “Debit Date” so there must be cleared funds in the account. If there aren’t cleared funds in the account on the “Debit Date” you will be required to lodge funds to the account and resubmit the file.
Aug 2013
12
The introduction of Local Property Tax (LPT) in last year’s budget provoked much outrage and opposition. Marches, public meetings and demonstrations were staged in many parts of the country to protest against the new tax. One of the more popular suggestions was to boycott LPT but all of this noise and bluster was in vain as the measures introduced by the tacticians in Revenue were decisive in ensuring almost total compliance.
When planning the implementation of LPT, Revenue paid particular attention to the payment option “deduction at source”. Although only 5% of compliant taxpayers would eventually opt for this particular payment method, the crucial issue was that nearly all non-compliant taxpayers would be caught in this net. “Deduction at source” in the main refers to deduction from salaries or pensions.
The consultation process between Revenue, the payroll software companies and their representative body PSDA (Payroll Software Developers Association) was detailed and ensured that the mechanics of the LPT deduction in payroll was clear and simple. One of the main reasons that the start date was deferred until 1st July was to ensure the readiness of both Revenue and the payroll software companies for the new deduction.
Just this week, Revenue is preparing to issue P2Cs to employers containing updated LPT amounts. Many of the amounts will be enforcement estimates. Employers will not be able to tell the difference between normal LPT and enforcement LPT. The employers receiving these P2Cs have no choice but to comply, otherwise they will become liable themselves in much the same way as if they failed to deduct PAYE or PRSI.
No matter how militant an employer might be against LPT, it is unlikely that they will risk becoming liable for it on behalf of their employees.
All of the anti LPT campaigners advocating non-compliance really had no chance from the outset when pitted against the Revenue strategists.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
Aug 2013
12
The Government has developed a Microfinance Fund to assist start-up and growing enterprises across all sectors with 10 or less employees. Loans of €25,000 are available to companies considered to be commercially viable even though they may not meet the conventional risk criteria applied by commercial banks. Applicants will have to demonstrate that they have been refused credit by a commercial lending institution before their application is considered.
The new fund will generate €90 million in new lending to 5,500 micro enterprises which will support 7,700 new jobs. Borrowers will pay a commercial interest rate. For more information see www.microfinanceireland.ie.
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
Aug 2013
2
A last ditch effort is being made by revenue to allow people to volunteer to pay their Local Property Tax and their outstanding Household charge before contacting employers and Pension providers to take the deductions at source!
The Office of the Revenue Commissioners has told more than 50,000 property owners that they will begin telling employers and pension providers to deduct the Local Property Tax from non-payers at source unless it is paid within seven days. In a statement, Revenue said the returns had to be filed online within one week.
It looks like there is no hiding place as Self-employed homeowners who fail to register have been warned they will be blocked from receiving a tax compliance certificate until they comply and pay. This in effect would mean some self employed people may not be able to work, take for example a taxi driver who is required to have a tax compliance Cert before A PSV licence will be issued .
Where the Household Charge for 2012 has not been paid or has been part paid by 1 July 2013 the arrears amount (including late payment penalties) will be increased to €200 and will be included as part of the LPT liability in respect of the property. In effect, the arrears of the Household Charge becomes an LPT charge and will be collected by Revenue. Unfortunately for people who did not pay their household charge a flat fee of €200 is now due along with the Property Tax Charge which will be deducted in the coming weeks at a time that people are already finding it difficult with extra costs as children return to school, college and the extra cost of the summer holidays in general . It's a hard one to call but looks like we will have no choice in the matter !
Bright Contracts – Employment contracts and handbooks
BrightPay – Payroll Software
