Tax exemption in respect of certain expense payments for Non-resident Non-Executive Directors

The recent Finance Act 2015 has introduced an exemption which permits a company to make tax free payments to a director of the company in respect of certain vouched (receipted) expenses of travel and subsistence incurred solely for the purpose of attending a meeting of the company.
The exemption extends to income tax, USC and PRSI in respect of payments made by a company to a qualifying director which may otherwise be chargeable and potentially subject to PAYE deductions.
A qualifying director for the purposes of the exemption is defined as a non-executive director of a company who is not tax resident in the State.
The definition of a qualifying meeting is satisfied when: 
(1)    a qualifying director attends a meeting in his or her capacity as a director,
 and
(2) the attendance at the meeting is for the purposes of the conduct of the affairs of the company.

Therefore, qualifying meetings would appear to include not only board level meetings but other meetings attended by non-executive directors where they act in their capacity as a director. 

Travel is defined for the purpose of the exemption as travel by car, motorcycle, taxi, bus, rail, boat or aircraft.
Revenue guidance leaflets IT51 and IT54 provide clarification for employers regarding the operation of reimbursed expenses to directors. 
Records and receipts must be maintained for a period of 6 years after the end of the tax year to which the records and receipts relate. 
Revenue have stated the exemption applies to expenses incurred on or after 1 January 2016.
Moore Stephens Nathans, as a leading tax and advisory firm, routinely advise employers and businesses on the operation of travel and subsistence schemes to employees and office holders.   We welcome the opportunity to assist your business in undertaking a review or alternatively, we can provide training and backup support to your administrative staff to ensure your business avails of cost saving tax reliefs available. 
For further details or to arrange a consultation please contact:
eoghan.bracken@moorestephens.ie