Fergus O'Dowd (Louth, Fine Gael)
Link to this: Individually | In context | Oireachtas source

52. To ask the Minister for Finance if matters raised by a person (details supplied) in correspondence in respect of benefit-in-kind concerns will be addressed; and if he will make a statement on the matter. [1946/21]

Éamon Ó Cuív (Galway West, Fianna Fail)
Link to this: Individually | In context | Oireachtas source

55. To ask the Minister for Finance if he plans to amend the law on benefit-in-kind for having a company car for the duration of the Covid-19 pandemic in view of the Government's requests and restrictions limiting travel which, unless the law is amended, will put a large financial burden on those who have the use of a company car; and if he will make a statement on the matter. [2041/21]

Denise Mitchell (Dublin Bay North, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

61. To ask the Minister for Finance his plans in changing tax rules regarding benefit-in-kind for those who have a company car given the current circumstances; and if he will make a statement on the matter. [2134/21]

Gerald Nash (Louth, Labour)
Link to this: Individually | In context | Oireachtas source

65. To ask the Minister for Finance if he will re-introduce the Covid-19 BIK concession for employer-provided vehicles wherein an employer allows private use of a vehicle (details supplied) which lapsed on 31 December 2020 in view of the current restrictions; and if he will make a statement on the matter. [2145/21]

Paschal Donohoe (Dublin Central, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 52, 55, 61 and 65 together.

In March 2020 Revenue introduced a short-term concessionary measure in relation to the operation of benefit-in-kind (BIK) on employer-provided vehicles having regard to the unprecedented situation arising as a result of the COVID-19 pandemic.  

The concessionary treatment applicable to BIK on employer-provided vehicles, along with all other COVID-19 related measures, is kept under regular review by Revenue. In early December 2020, and as the public health restriction at the time began to ease and businesses reopen, Revenue confirmed that the concessionary measure related to employer-provided vehicles would cease to apply on 31 December 2020 and, with effect from 1 January 2021, BIK on same should be calculated in the usual manner.  

However, since then, Level 5 public health restrictions have been subsequently introduced. On 24 December 2020, all restaurants, cafés and gastro pubs as well as personal services, such as hairdressers, beauticians and barbers closed, while hotels, guesthouses and B&Bs remain open but are restricted to essential non-social and non-tourist services only. Additionally, on 31 December all non-essential retail as well as gyms, leisure centres and swimming pools closed. For employees, the public health advice is to work from home in all instances unless work is an essential health, social care or other essential service that cannot be done from home. 

Having regard to the current public health restrictions, the short-term concessionary measures announced back in March will remain in place. This means that, for the time being:  

- Where an employer takes back possessionof the vehicle and an employee has no access to the vehicle, no BIK shall apply for the period. 

- Where an employee retains possession of a vehicle, but the employer prohibits the use of the vehicle , no BIK shall apply if the vehicle is not used for private use.

- Records should be maintained to show that the employer has prohibited its use and no such use has occurred, for example communication from employer, photographic evidence of odometer, etc. 

Where an employee has a car providedby his or her employer and 

1. the circumstances in the previous example don’t apply,

2. limited or reduced business mileage (if any) is undertaken due to the COVID-19 crisis,and

3. personal use is limited

the amount of business mileage travelled in January 2020 may be used as a base month for the purposes of calculating the amount of BIK due. Thus, the percentage applied in the calculation of the cash equivalent, which is based on annualised business mileage, may have regard to the actual business mileage for January 2020, for the current period of the COVID-19 restrictions. Appropriate records should be kept, for example business mileage travelled in January, amount of private use, photographic evidence of odometer etc. 

Revenue’s website will shortly be updated accordingly. 

Due to the nature of the Covid-19 pandemic it is not known how long any COVID-19 restrictions will ultimately remain in place. Revenue will however continue to regularly review all COVID-19 related matters (including the provisions relating to BIK on employer-provided vehicles) and if any further measures are considered necessary in the future, updated guidance will be made available by Revenue in relation to same as soon as possible.