Skip to main content

Tax Exemptions & Reliefs

By Noone Casey

 

Tax Exemptions

The following are exempt from Income Tax provided specific conditions are satisfied:

  • Artists resident in a Member State or EEA Jurisdiction (prior to 2015 the relief was restricted to Irish resident artists) who produce original work that has cultural and artistic merit subject to a €50,000  limit
  • Charities – investment and certain trade income
  • Awards made by the Hepatitis C Tribunal or a comparable overseas scheme, income arising on monies received from settlement of a civil action by a totally incapacitated individual, and income arising on monies received by permanently incapacitated individuals for damages following assessment by the Personal Injuries Assessment Board. In addition, the return arising from the investment of these monies is also exempt provided that return exceeds 50% of the individual’s total income and gains.
  • Income arising from compensation payments made under an employment law enacted in accordance with a decision of one of the relevant bodies listed below or made in accordance with
    a mediation process:
    – The Rights Commissioner
    – The Director of Equality Investigations
    – The Employment Appeals Tribunal
    – The Labour Court
    – The Circuit Court
    – The Workplace Relations Commission
    – The District Court
  • Sports organisations
  • Income from woodlands
  • Income received by Mna Tí in the Gaeltacht (Sceim na bhFoghlaimeoirí)
  • Income received by foster parents from the Health Service Executive or from another body where the payment is in accordance with similar law from another EU Member State(including educational fees, certain medical expenses, home sharing host allowance(from1 January 2020) and other
    exceptional payments where complex special needs arise). In addition payments for foster children 18 or over until the age of 21 or until they complete their full time education who suffer from disability are also exempted.
  • Certain social welfare payments including payments to systematic short term workers i.e. people who do 3 days on and 2 days off work, or who work one week on and one week off.
  • Lump sum payments to claimants who worked in the Magdalene Launderies
  • Annual allowance paid to Reserve Members of An Garda Siochana
  • Further education training allowance and grants payable by an awarding authority under Student Support Act

The exemption for Income Tax for the categories of income described below was extended to Capital Gains Tax. However, it is a requirement that the aggregate of the person’s income and gains must exceed 50% of their total income and gains in order to be exempted. The relevant categories of income and now gains are as follows:

  • Income and Gains derived from the investment of certain compensation payments received by permanently incapacitated individuals or a trust established for the benefit of one or more individuals.
  • Income and Gains derived from the investment of payments made to Hepatitis C and HIV victims
  • Income and Gains from compensation payments made to thalidomide children and the income derived from the investment of such payments
  • Compensation for certain living donors to cover compensation for expenses and loss of income relating to donations.
  • The water conservation grant and fuel grants are exempt from income tax and USC.
  • Payments commonly know as mobility allowance.

Maternity Benefit
Maternity benefit, adoptive benefit and health and safety benefit payments are treated as taxable income.

Childminding relief

Childminding relief is available where an individual minds up to three children (excluding their own children) in their own home. No tax will be payable on the childminding earnings received, provided the amount is not more than €15,000 per annum. If the childminding income exceeds this, the total amount will be taxable as normal under self-assessment. The annual minimum PRSI contribution for self-employed individuals of €500 per annum is payable.

 

Home Carer’s Credit

A credit of €1,700 is available for married couples jointly assessed, where only one spouse is working and the other cares for children (with an entitlement to social welfare child benefit), individuals over the age of 65, or incapacitated individuals in their home. Where the carer’s income exceeds €10,600 in a year, no credit will be available.

Where the carer’s credit exceeds €7,200 in a year, the tax credit is reduced by one half of the amount of the excess over €7,200 (subject to a maximum of €1,700).

The credit is neither available to married couples taxed as single persons nor to married couples with a combined income of €49,000 who claimed the increased standard rate tax band for dual income couples.

Carer Allowance

An individual can claim an allowance where he/she has to employ a person to take care of an incapacitated family member. The carer may be employed on an individual basis, or through an employment agency. The maximum allowance is €75,000 per annum for each incapacitated individual. The allowance is available at the marginal rate of tax. The allowance will be granted in the first year that the individual becomes incapacitated.

Covenants

Covenants to permanently incapacitated adults are fully tax deductible. Covenants to a permanently incapacitated minor child are fully tax deductible if paid by a person other than a parent. Covenants to individuals aged 65 or over who are not incapacitated are deductible subject to a 5% limit of the covenantor’s total income.  If the covenantor is liable to tax at the higher rate he or she will receive tax relief at the difference between the standard rate and higher rate, there is no tax benefit to a covenator who pays tax at the standard rate. A coventee whose total income (including the income from the covenant) is less than the exemption limit qualifies for a refund of tax at the standard rate of tax deducted by the covenantor.

Medical Insurance

Tax relief on medical insurance premiums is granted at source and is given as a direct reduction in premiums. Relief is based on a standard rate (20%) deduction, and is granted on a current year basis.
The amount of relief is restricted to €1,000 for an individual and €500 for a child (under 18 or under 23 in full time education).

Dental Insurance

Tax relief at the standard rate (20%) is available in respect of dental insurance premiums taken out for non-routine dental treatment.

Medical Expenses

Tax relief for un-reimbursed medical expenses incurred on behalf of a taxpayer and his family including “dependants”, may be claimed against the taxpayer’s income tax liability. Medical expenses include:

  • Doctor/hospital care and prescription medicines
  • Payments to Revenue approved nursing homes for dependants
  • Physiotherapy
  • Non-routine dental and opthalmic expenses
  • Routine maternity care including Caesarean sections
  • Qualifying medical expenses incurred on behalf of a dependent relative (which includes any individual over the age of 65 or permanently incapacitated individuals whether they are relatives or not).

Relief is granted by way of a tax credit at the standard rate of tax, except in the case of nursing home expenses which will be granted by way of an allowance at the taxpayers’ marginal rate of tax. A form MED2 should be completed in respect of non-routine dental expenses (this can be obtained from the dentist).

Certain “non-essential” cosmetic surgery does not qualify for relief. Cosmetic surgery qualifies for relief only where it is provided for a physical deformity arising as a result of a congenital abnormality, a personal injury, or a disfiguring disease.

Relief for hospital stays are restricted to expenses necessarily incurred in connection with the services of a medical practitioner, or to diagnostic procedures carried out on advice of a medical practitioner.

Relief for Nursing Home fees qualify for relief provided the nursing home concerned provides qualifying nursing care on site on a 24 hour per day basis. Private contributions towards the Fair Deal scheme for nursing homes qualify for relief.

Permanent Health Insurance

Premiums paid under approved permanent health insurance (PHI) schemes are tax deductible. The deduction cannot exceed 10% of the individual’s total income. Relief is granted as a deduction against total income and is effectively relieved at the marginal rate of tax. Any benefits received are taxable and therefore subject to PAYE.

Third Level College Fees

Tax relief is available at the standard rate for the cost of fees paid for approved courses in approved colleges. In addition to full time courses it includes fees paid for part-time courses on behalf of students who do not have a third level qualification. The relief also applies to post graduate fees paid for third level education in private and public funded third level colleges in non-EU Member States. Tax relief for undergraduate fees is also allowable for accredited private third level colleges in EU Member States.

Tax relief is available for repeat years, on individuals taking more than one course and for individuals already holding a third level qualification.

Tax relief is available for tuition fees and student contributions (post 2011), but does not apply to administration fees, exam fees or registration fees.

An amount of fees is disregarded for relief as follows:

The first €3,000 is disregarded for of a full-time student or €1,500 for of a part-time student. If you have paid fees for more than one student, this disregard amount will only be deducted from your claim once.


top
Where families have two or more children in third level education on a full-time basis and where both are liable to the student contribution charge, tax relief at 20% will be available on the aggregate paid above the disregarded amount. The current student contribution charge is €2,000. The maximum relief available is €7,000. Any repayment of fees must be adjusted for.

Training Course Fees

Relief is available for fees between €317 and €1,270 paid in respect of Information Technology and Foreign Language courses, which are approved by FÁS. These courses must be at least two years in duration and must not be a postgraduate course. This relief no longer applies to payments made on behalf of dependents.

Rent-a-Room Scheme

Where a room in a persons’ principle private residence (“PPR”) is let as residential accommodation and the gross annual rental income is less than €14,000 per annum, this rental income is exempt from tax. Where it exceeds €14,000 the rent is taxable in full.. The income is also disregarded for PRSI and USC purposes.Following a change in Finance Act 2018, Revenue has confirmed their view that income from short-term lettings sourced through online accommodation websites such as Airbnb does not fall
within the rent-a-room rules. In fact, they confirm such income is not rental income but trading or miscellaneous income. The room must be used by the occupant for more than 28 consecutive
days unless used for respite care, exchange students or occupants in full/part time education. 

Qualifying room rentals will not affect entitlements to claim mortgage interest relief. It will also not effect CGT relief on Principle Private Residence on the disposal of the dwelling, and will not lead to a stamp duty claw-back. The relief will not apply where the letting is between connected parties and rent relief is being claimed.

The relief will not be available where the person in receipt of the income is an employee of the person making the payment.

 

High Earner Restriction

Certain tax breaks available to high income earners are restricted with a tapering restriction applying to individuals with income in excess of €125,000 to ensure a minimum effective tax rate of 30%.

Taxable income is calculated by restricting qualifying deductions to 20% of the taxable amount.

If the individuals’ income is less than €125,000 or if the reliefs claimed are less than €80,000 the restriction will not apply.

There is a full restriction on income in excess of €400,000. Where there is a claim for specified relief in excess of €80,000, the amount that may be claimed is limited to the greater of €80,000 or 20% of the adjusted income.

A tapering relief applies to income between €125,000 and €400,000.

The following items specifically need to be considered:

  • Calculation of double taxation relief and top slicing relief is applied before the relief to be claimed.
  • Credits for any relief’s or deductions are given before the application of the restriction (but after the carry forward of excess relief’s from prior periods).
  • The effect of the restriction is to disapply the age limit for income tax.

There was a temporary removal of the high earners restriction from the Employment and Investment Incentive (EII) for share subscriptions made between 16 October 2013 and 31 December 2016.  This was made permanent on 1 January 2017.

From 1 January 2016 the income tax for profits derived from the management of woodlands in the State is not treated as a specified relief for the purposes of the high earners restriction.

Remote Working Expenses

Remote working or E-working is where you work from home for substantial periods on a full- or part-time basis.
To qualify:
• Have a formal agreement with your employer that you are required to work from home.
• Be required to perform essential duties of employment at home.
• working involves working for substantial periods at home, logging onto a work computer remotely, sending and receiving email, data or files remotely and developing ideas, products and services remotely. You are not entitled to claim tax relief if you bring work home from the office outside of normal working
hours.

Employer tax relief

Employers can pay staff up to €3.20 per day, or €768 per annum, tax free. If the employer pays more than this, the excess will be liable to tax in the normal way. However, employers are under no legal obligation to pay this.
If your employer doesn’t pay you anything you can claim tax relief on your expenses at the end of the year.
Subject to a ministerial order, a small benefit such as a remote working daily allowance or travel and subsistence payment may be reportable to Revenue on a monthly basis by employers.

Employee tax relief

The expenses against which you can claim tax relief are:
• Electricity
• Heating
• Broadband
• Other vouched expenses where they are “wholly, exclusively and necessarily” part of your work, as outlined by the Minister for Finance in Budget 2021.
Previously only electricity and heating costs could be claimed, Budget 2021 expanded the costs against which you can claim relief.
Items such as laptops, computers, office equipment and office furniture that you may have purchased are not vouched expenses and are not allowable costs.
You can claim tax relief on up to 30% of your heating and electricity costs and up to 30% on your broadband costs based on the number of work days in the year as a percentage of 365 days. Calculated as follows:
• multiply your utility bills by the number of days you worked from home, divide by 365
• multiply by 30% (0.3) for heating and lighting and 30% (0.3) for broadband
You can then claim tax relief at either 20% or 40% on this amount.