You can provide benefits to your employee's in the form of employee share schemes (ESS).
Taxing employee share scheme benefits
You need to choose how the ESS will be taxed. Whichever option you choose needs to apply to all your employee's.
Option 1: Your employee pays the tax
- the ESS benefits are treated as income, which may affect an employee’s student loan deductions, child support payments or Working for Families payments.
- each employee will need to file an Individual tax return (IR3) at the end of the tax year.
Option 2: You pay the tax, you:
- tax the ESS benefits as lump sum payments – also known as extra pay.
- do not need to deduct KiwiSaver or pay ACC.
If your employee agrees you can sell some of the shares to pay any tax owing.
Filing employment information about employee share scheme benefits
What you need to tell us
You need to file employment information about the taxable value of the ESS benefit to your employee, even if you chose not to deduct tax from the benefit.
You need to show an employee’s ESS benefits separately from any other earnings the employee receives. Add a separate entry in your employment information showing the:
- employee’s name and IRD number
- payment code “ESS”
- taxable value of the ESS benefit – also include this as “Earning not liable for ACC earners’ levy”
- total tax, and any student loan or child support, deducted from the benefit.
You do not file employment information about the ESS benefits when the:
- employee or associate sells share rights to a non associated third party
- share benefit arises from an exempt ESS, as this is exempt income.
When you need to tell us
You need to identify a ‘ESS deferral date’. This is 20 calendar days after the share scheme taxing date.
The share scheme taxing date is the earlier of the date when the:
- benefits are cancelled
- benefits are transferred to a non associated person
- employee’s ownership of shares is no longer affected by the terms of their employment.
You can either file the information on a payday basis or twice a month.
Exempt employee share schemes
If you operate an exempt employee share scheme you need to:
- tell us you are operating the scheme
- report at the end of the tax year on the total value of the shares granted to your employee's.
Do not include exempt schemes in your regular employment information filing.