The Irish Government enacted the Finance (No. 2) Act 2023 on 18 December 2023, and the new tax withholding and reporting requirements for the exercise of unapproved share options by employees in Ireland will become effective on 1 January 2024.
Despite concerns raised by various industry groups and tax practitioners, the final legislation did not include any amendments, and further guidance and instructions are expected to be issued by Irish Revenue shortly.
In the interim, companies should prepare to comply with these new requirements for any unapproved options exercised by employees in Ireland on or after 1 January 2024.