The nature of employment mainly determines the PRSI contribution class that applies to the employee.
PRSI Class A applies to the majority of employees in the private sector and to employees recruited in the public sector since 6 April 1995.
Note
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Since April 1991 the level of earnings, not the number of hours worked, determines insurability.
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You can get full details of the main contribution classes and examples of both the employees covered by each class and the rate of contribution appropriate to each class from the
SW 14 booklet.
Contribution Class A applies to people in industrial, commercial and service-type employment under a contract of service and civil and public servants recruited since 6 April 1995, whose combined reckonable earnings from all employments bring them into Class A.
The appropriate subclass within Class A is based on the earnings in each separate employment (see codes within PRSI classes in
paragraph 27).
Contribution Class J applies to the following groups of people:
- employees in industrial, commercial and service-type employment under a contract of service, whose combined weekly reckonable earnings from
all employments are below the threshold for Class A (less than €38 per week in the 2005 tax year. Please check
SW 14 for the current amount),
- employees over 66 years of age,
- employees who are also full-time civil and public sector employees and paying PRSI Class B, C, D or H in their full-time job.
Contribution Classes B, C and D apply to pensionable employees in the civil and public service, including civil servants, teachers, gardaí, the army and local authority employees who were recruited before 6 April 1995.
Contribution Class H applies to NCOs and enlisted personnel of the defence forces.
Contribution Class K applies to people under 70 years of age who are not insurably employed under the Social Welfare Acts. The following are examples:
- people getting a pension from a former occupation,
- people normally paying Class S who have reached 66 years of age,
- people receiving income from positions of certain office holders, e.g. Judiciary, State Solicitors,
- prescribed relatives.
However, if the
weekly income is below the threshold for Class K (€400 in 2005 tax year)
contribution Class M applies. Please see
SW 14 booklet for current thresholds.
You should also use
contribution Class M for people who:
- are under 16 years of age;
- are normally insurable at Class K who:
- hold a medical card or
- get a Social Welfare Widow's/Widower's Pension
- get a One-Parent Family Payment
- get Deserted Wife's Benefit/Allowance
- are aged 70 years or over
- get a widow's or widower's pension under the social security legislation of another country covered by E.C. Regulations.
Contribution Class S applies to self-employed contributors who pay tax and PRSI under the self-assessment system (Schedule D). For enquiries contact the Self-Employment Section (see address in
paragraph 70).
Directors whose income is assessable under Schedule E tax may also be liable to pay Class S.
Directors
Depending on the circumstances, Directors can either be employees paying PRSI at Class A insurance or self-employed under a contract for services and therefore paying PRSI at Class S. The Department's website has a comprehensive checklist to determine Employment or Self-employment status of individuals. The links to these booklets are
Hard copies of these booklets are also available from Scope Section. If you are still unsure and require clarification on the Class of PRSI for specific directors you should contact Scope Section (address in
paragraph 70).
If you are a company director and you are correctly paying Class S PRSI you should contact
Directors Unit, Waterford for queries regarding your PRSI rates and entitlements. See
paragraph 70 for contact address and phone numbers.
Agency Workers
Persons employed by Employment Agencies under a contract of service are insurable at PRSI Class A. The person or company who is liable to pay the wages or salary of the individual concerned in respect of work or service is deemed to be the individual's employer.
If a person, recruited by an Employment Agency and acting as a sole-trader, performs any work or service for a third party then that person is insured at PRSI Class S provided the annual income exceeds €3,174 for year 2005 (see
SW 14 for current rate).
Excepted Employments
There are employments that are specifically excluded from cover under Social Welfare regulations. These employments are listed in Part II of the first Schedule of the Social Welfare Acts. A common excepted employment would be that of a spouse working for a sole-trading spouse, no PRSI is payable and Class M should be returned where the income is less than the Health Levy threshold and Class K when the Health Levy is payable.
For full information on insurability matters please consult our link on the social welfare website under
http://www.welfare.ie/foi/scope_insofemp.html
If you are not sure what contribution class should apply to any particular employee, consult Information Services (see address in
paragraph 70).
To ensure that you are complying with the law, check if you are doing the following:
- deducting PRSI under the correct contribution class for each employee,
- deducting PRSI on
all relevant payments to all employees, for example wages and salaries, bonuses, fees, overtime payments, part-time pay, benefit-in-kind (notional pay) and Christmas bonuses,
- deducting the Health Levy from all relevant payments to all employees,
- keeping accurate and up to date records for each employee,
- making PRSI payments to the Collector-General,
- keeping records for up to six years,
- properly recording all your employees' PPS Nos. on P35L, and
- returning your P35 by the 15 February each year.
If you have any queries or need advice on any of the above, you should contact your local Social Welfare Inspector
Remember - If you are an employer PRSI is your responsibility.
Failure to fulfil your legal responsibilities as an employer in relation to PRSI may result in penalties, prosecution or both.
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Contents
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Paragraph
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(A detailed appendix in alphabetical order is at the back of this book)
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Introduction
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1
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Purpose of this Guide
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2
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Section one - PRSI contributions
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Personal Public Service Number (PPS No.)
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3
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What is a PRSI contribution?
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4
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Which employees are covered?
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5
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Who is responsible for deducting/paying PRSI?
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6
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Special Collection System
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7
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How are PRSI rates determined?
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8
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PRSI-Free Allowance for employees
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9
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Health Levy
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10
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National Training Fund Levy
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11
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Definition of reckonable earnings for PRSI purposes
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12
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Benefit-in-Kind
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13
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Superannuation contributions
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14
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Permanent Health Insurance
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15
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Lump sum payments when employment ends
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16
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Registration of employers
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17
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Registration of employees
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18
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Employees' annual PRSI ceiling
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19
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Employees in two or more employments at the same time
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20
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Employed and self-employed in same contribution year
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21
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Termination of employment
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22
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Employees with two or more consecutive employments
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23
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Voluntary insurance
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24
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Where a husband and wife are both employed
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25
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How to decide the Social Insurance contribution class
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26
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Codes and subclasses within the PRSI classes
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27
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Part-time employment
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28
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Systematic short-time employment
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29
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Subsidiary employment regulations
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30
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Domestic Employer scheme
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31
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Employees abroad
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32
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Paying the correct PRSI class
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33
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Calculating PRSI contributions
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34
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Manually calculating PRSI
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35
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Using the Ready Reckoner
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36
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Retrospective payments
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37
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Change of contribution class on reaching age 66
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38
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Contribution class in the case of more than one employment
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39
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Paying PRSI contributions during illness
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40
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Permanent health benefit schemes (Income Continuance)
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41
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Weeks of insurable employment
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42
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Contribution week
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43
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Worksharing - effect on PRSI contributions
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44
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Worksharing - effect on amount of PRSI due
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45
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Week 52
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46
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Recording the correct number of weeks of insurable employment
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47
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Counting weeks of insurable employment where a change of PRSI class occurs
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48
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What weeks are not weeks of insurable employment?
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49
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Section two - paying PRSI contributions to the Collector-General
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Monthly remittance to the Collector-General
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50
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Submitting "Nil" returns where no PAYE tax or PRSI is due
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51
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Interest on overdue payments
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52
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Separation of PRSI contributions from PAYE income tax
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53
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Small monthly remittance
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54
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Section three - recording PRSI details and end-of-year procedure
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Recording PRSI details
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55
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Details to record during the year on the Tax Deduction Card
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56
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Change of contribution class
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57
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Completing end-of-year returns
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58
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How to complete the form P35L
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59
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Two or more changes of contribution class in an income tax year
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60
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Lodging end-of-year returns
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61
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Importance of end-of-year returns
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62
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Certificate to employees (form P60)
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63
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Casual employees
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64
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Section four - end-of-year returns on P35L, checklist, general
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Underpayments
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65
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Overpayments and refunds
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66
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Keeping records
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67
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Allowing employees to inspect their records
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68
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Penalties for failing to remit PRSI contributions
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69
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Where to get further information
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70
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◊
Index
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