Written by Alan MooreAll articles

Did you know you can pay 20% tax on a payment for change in your working conditions ("disturbance money")?

Posted on: 15 September 2022

 

working conditionsIf you are a full-time employee, and you receive a lump sum payment from your employer in compensation for:

  • a reduction in future pay,
  • a change in working conditions,
  • a change of working location,

then you can recompute your income tax liability for the tax year in which the payment is charged, as:

  • the tax that you would have paid had you not received the payment, plus
  • the tax on the payment calculated using a special rate.

The special rate to be applied to the payment is computed by working out the additional tax that results from including only one-third of the payment in your total income. The additional tax is then divided by one-third of the payment to obtain the percentage rate to be used in calculating the tax on the payment.

Example

Mr X  is a single person entitled to the basic personal tax credit and PAYE tax credit only. His salary for 2022 is €34,000. He also receives a sum of €6,000 in 2022 in consequence of his employer reorganising his business. 

Step 1: Calculate tax on income including lump sum

€34,000 at 20% = €6,800 plus €6,000 at 40% = €2,400

Total €9,200, less €3,400 personal tax credits = €5,800

Step 2: Calculate tax on income without lump sum

€34,000 at 20% = €6,800 less €3,400 personal tax credits = €3,400.

Step 3: Calculate tax on income including only 1/3 of lump sum

€36,000 at 20% = €7,200, less €3,400 personal tax credits, is €3,800.

Step 3 minus Step 2:

The additional tax due by including 1/3rd of the lump sum is €400 (i.e. €3,800 – €3,400).

The special rate is (400/2000) x 100 = 20%.

Step 4:

Mr X’s tax for the year is recalculated as:

Tax on lump sum €6,000 at 20% = €1,200

Tax on income excluding lump sum = €3,400 [Step 2]

Total tax due = €4,600

Mr X is entitled to reclaim €1,200 (i.e. €5,800 – €4,600).

In practical terms, the tax on the lump sum is reduced from €2,400 to €1,200.

Further reading: TCA 1997 s 480

Written by Alan Moore

Founder and CEO of Tax World Ltd



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