23KEmployment income information requirements relating to employee share schemes

1. For the purposes of sections 23E to 23H and a benefit under an employee share scheme, the employer may—

2. treat the ESS deferral date as the payday; or
3. provide their employment income information twice-monthly as described in section 23C(4), treating the ESS deferral date as the relevant day.

4. For reporting purposes,—

5. employment income information does not include information on—
   1. a benefit under an employee share scheme received by a former employee if the employer has not chosen to withhold an amount of tax in relation to the benefit:
   2. a benefit arising under an exempt ESS:
6. for a benefit that an employee receives under an employee share scheme, employment income information includes the value of the benefit, and if the employer has chosen under section RD 7B of the Income Tax Act 2007 to withhold an amount of tax for the benefit, the amount of tax withheld.