Finance Act 2025
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Amendment of section 825C of Principal Act (special assignee relief programme) | ||
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23. Section 825C of the Principal Act is amended— | ||
(a) by the insertion of the following subsection after subsection (2AA): | ||
“(2AB) In this section, in the case of an individual who arrives in the State in any of the tax years 2026 to 2030, ‘relevant employee’ means an individual— | ||
(a) who, for the whole of the 6 months immediately before his or her arrival in the State, was a full time employee of a relevant employer and exercised the duties of his or her employment for that relevant employer outside the State, | ||
(b) who arrives in the State at the request of his or her relevant employer— | ||
(i) to perform in the State duties of his or her employment for that employer, or | ||
(ii) to take up employment in the State with an associated company and to perform duties in the State for that company, | ||
(c) who performs the duties referred to in paragraph (b) for a minimum period of 12 consecutive months from the date he or she first performs those duties in the State, | ||
(d) who, for the year of arrival in the State, is entitled to receive income, profits or gains from an employment with a relevant employer or an associated company, which, after excluding the amounts referred to at paragraphs (a) to (h) of the definition, in subsection (1), of ‘relevant income’, is not less than the annualised equivalent of €125,000, | ||
(e) to whom a PPS number has been issued, | ||
(f) who was not resident in the State for the 5 tax years immediately preceding the tax year in which he or she first arrives in the State for the purposes of performing the duties referred to in paragraph (b), and | ||
(g) in respect of whom the relevant employer or associated company certifies, in such form as the Revenue Commissioners may require, within 90 days from the employee’s arrival in the State to perform the duties referred to in paragraph (b), that— | ||
(i) the individual complies with the conditions set out in paragraphs (a) to (e), and | ||
(ii) the relevant employer or associated company has complied with Regulation 17(2) of the Income Tax (Employments) Regulations 2018 ( S.I. No. 345 of 2018 ), | ||
but where such certification is made after 90 days but within 180 days from the date of the employee’s arrival in the State, the individual shall be deemed to be a relevant employee for the purposes of this section.”, | ||
(b) in subsection (2B)(b)— | ||
(i) in subparagraph (i)— | ||
(I) by the substitution of “referred to in subsection (2)(a)(ii), (2A)(b), (2AA)(b) or (2AB)(b)” for “referred to in subsection (2)(a)(ii), (2A)(b) or (2AA)(b)”, and | ||
(II) in subclause (B), by the substitution of “set out in subsection (2A)(b), (2AA)(b) or (2AB)(b)” for “set out in subsection (2A)(b) or (2AA)(b)”, | ||
and | ||
(ii) by the substitution of the following subparagraph for subparagraph (ii)— | ||
“(ii) ‘B’ is €75,000 or, in the case of a relevant employee who arrives in the State— | ||
(I) in any of the tax years 2023 to 2025, €100,000, or | ||
(II) in any of the tax years 2026 to 2030, €125,000.”, | ||
(c) in subsection (3)— | ||
(i) in paragraph (a)— | ||
(I) by the substitution of the following subparagraph for subparagraph (ii): | ||
“(ii) performs the duties referred to in subsection (2)(a)(ii), (2A)(b), (2AA)(b) or (2AB)(b), and”, | ||
and | ||
(II) by the substitution of the following subparagraph for subparagraph (iii): | ||
“(iii) has relevant income from his or her relevant employer or from the associated company, the annualised equivalent of which is— | ||
(I) subject to clauses (II) and (III), not less than €75,000, | ||
(II) in the case of a relevant employee who arrives in the State in any of the tax years 2023 to 2025, not less than €100,000, or | ||
(III) in the case of a relevant employee who arrives in the State in any of the tax years 2026 to 2030, not less than €125,000,”, | ||
and | ||
(ii) by the substitution of the following subparagraph for subparagraph (c): | ||
“(c) (i) A relevant employee, other than a relevant employee referred to in subsection (2AB), shall only be entitled to relief under this section for 5 consecutive tax years, commencing with the tax year for which the relevant employee is first entitled to relief under this section. | ||
(ii) A relevant employee referred to in subsection (2AB) shall only be entitled to relief under this section for— | ||
(I) 5 consecutive tax years, commencing with the tax year for which the relevant employee is first entitled to relief under this section, where the certification referred to in paragraph (g) of subsection (2AB) is made within 90 days from the employee’s arrival in the State, or | ||
(II) 4 consecutive tax years, commencing with the tax year after which the relevant employee is first entitled to relief under this section, where the certification referred to in paragraph (g) of subsection (2AB) is made after 90 days but within 180 days from the employee’s arrival in the State.”, | ||
(d) in subsection (4)(b)— | ||
(i) by the substitution of “2030” for “2025”, and | ||
(ii) in subparagraph (i), by the substitution of “set out in subsection (2A)(b), (2AA)(b) or (2AB)(b)” for “set out in subsection (2A)(b) or (2AA)(b)”, | ||
and | ||
(e) in subsection (10), by the substitution of “30 June” for “23 February”. |