MT
DEDUCTION FOR TRANSPORTATION COST OF EMPLOYEES RULES
Table of Provisions (6)
Statutory Text (6 Articles)
DEDUCTION FOR TRANSPORTATION
COST OF EMPLOYEES
SUBSIDIARY LEGISLATION 123.179
DEDUCTION FOR TRANSPORTATION
COST OF EMPLOYEES RULES
27th February, 2018
LEGAL NOTICE 67 of 2018.
(1)
The title of these rules is the Deduction for
Transportation Cost of Employees Rules.
(2)
These rules shall apply in respect of transportation
costs incurred for the transport of employees as from the year of
assessment 2018.
In these rules, unless the context otherwise requires -
"the Act" means the Income Tax Act;
"Commissioner" means the Commissioner for Revenue;
"employee" means any person who has entered into or
works under a contract of service, or any person who has
undertaken personally to execute any work or service for, and
under the immediate direction and control of another person,
including an outworker, but excluding work or service
performed in a professional capacity or as a contractor for
another person when such work or service is not regulated by a
specific contract of service as set out in the Employment and
Industrial Relations Act;
"employee transportation costs" mean costs incurred by
an undertaking for transportation of employees to and from the
place of work using means of transport capable of carrying
more than eight (8) persons, whether organized by the
undertaking or any other entity;
"undertaking" means a person carrying on a trade,
business, profession or vocation as set out in paragraph (a) of
sub-article (1) of article 4 of the Act.
(1)
Subject to the other provisions of this rule, an
undertaking may claim a deduction against its income equivalent to
150% of the employee transportation costs incurred in the relative
year.
(2)
In respect of any year of assessment, the deduction
referred to in sub article one may only be claimed on the lower of
(i)
€25,000 of the employee transportation costs
incurred by the undertaking in the year preceding the year of
assessment; or
DEDUCTION FOR TRANSPORTATION
COST OF EMPLOYEES
(ii)
€300 per employee whose transportation costs
have been incurred by the undertaking in the year preceding the
year of assessment.
(3)
The employee transportation costs in respect of which a
deduction is claimed under these rules may not benefit from any other
deduction provided under the Act.
The deduction available under these rules may only be
availed of if the undertaking benefiting thereunder
(a)
maintains proper records of the employee
transportation costs in respect of which the deduction is
claimed;
(b)
claims the deduction in its income tax return
relative to the basis year in which the employee transportation
costs were incurred;
(c)
submits with its income tax return a declaration
by a Certified Public Accountant confirming that the
undertaking has correctly computed the said costs, in such
manner as the Commissioner may require.
These rules shall remain in effect up to the year of
assessment 2020.