Form 11 Return

I have used the Form 11 many times as I have a rental property.
1 Questions

Where on Form 11 do I declare the of these below
This will be first time declaring ESPP that allows me to buy company shares at a 10% discount eg Stock $300 staff discount 10% purchase shares for $270. Where do I declare the $30 benefit on the Form 11? (I see section for share options but not for ESPP)

Also if you declare a loss on shares on Form 11, is it deducted in current tax year 2023 or tax year 2024?

Share options are included as PAYE by payroll in your company so you shouldn't have to declare anything there. The second bit confuses me. You are filing a Form 11 for 2022 this year.

elcato said:

Share options are included as PAYE by payroll in your company so you shouldn't have to declare anything there. The second bit confuses me. You are filing a Form 11 for 2022 this year.

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Some companies deduct ESPP taxes as PAYE from payroll. Others including mine do not and the employee must make an online payment and submit a RTSO form, and declare on form 11 as RTSO.

elcato said:

Share options are included as PAYE by payroll in your company so you shouldn't have to declare anything there. The second bit confuses me. You are filing a Form 11 for 2022 this year.

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It is not Share Options, it is Company Employee Share Purchase Plan, so we get to buy company shares at a 10% discount and normal income Tax, PRSI,USC are due on the 10% benefit. Bought in 2022 I declare in 2023.

ClubMan said:

Yes, that's a capital loss and the link that I posted explains when and how you need to pay and file.

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The OP is a chargeable person, so CGT forms part of their Form 11 filing.

dodo said:

Also if you declare a loss on shares on Form 11, is it deducted in current tax year 2023 or tax year 2024?

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A capital loss cannot be used to reduce other tax heads, so it doesn't deduct against your income tax due. You declare the loss, and carry forward into future years until you have a gain.
Just watch out, you must use the loss before personal exemptions when you do have a gain.

Standard US ESPP's usually have an option element - that's why Revenue group them under RTSO. If you've something called an ESPP without an option element - then I'd proably expect Revenue to still lump it into RTSO.

An ESPP typically would allow an employee to buy shares with their own money at the cheaper of the start price or 6 month end price. That's a type of share option. This option aspect is why I sign up for every ESPP, I'd do it even if the discount was 0%.

However if all you have is a 10% discount - with no option to buy at a cheaper price, the scheme isn't as attractive as it could be especially for Irish workers. Here the discount is taxed at ~52% and payable after 30 days, and you need to do an RTSO and Form 11 - you pay any fees involved in selling the shares yourself and Revenue ignore those costs.

If you were just buying 300 dollars a 10% discount wouldn't be worth it, even 1000 dollars with 100 dollars in profit - 48 dollars after tax and before fees?

Next year Revenue are going to insist all ESPP have the tax paid by the employer btw.