Written answers

Tuesday, 18 February 2025

Photo of Seán FlemingSeán Fleming (Laois, Fianna Fail)
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260. To ask the Minister for Finance to outline the situation regarding rent tax credit whereby hotel staff pay the hotel in respect of a property rented by the hotel from another source that provides accommodation for their staff at a reduced rate; and whether the hotel employees in this situation obtain the rent tax credit notwithstanding the staff names are not on the lease. [5919/25]

Photo of Paschal DonohoePaschal Donohoe (Dublin Central, Fine Gael)
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The Rent Tax Credit ("RTC"), as provided for in section 473B of the Taxes Consolidation Act (“TCA”) 1997, was introduced by the Finance Act 2022 and may be claimed in respect of qualifying rent paid in 2022 and subsequent years to end-2025.

I am advised by Revenue that section 473B of the TCA, which provides for the RTC, is subject to a number of conditions.

In relation to this particular query, due to the limited information provided in relation to the nature of the tenancy it is not possible to provide a definitive view on whether the hotel staff in question are eligible for the RTC.

Further details in respect of the RTC, can be found at the links below:

  • Tax and Duty Manual Part 15-01-11A - www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-15/ 15-01-11A.pdf
  • Revenue website - www.revenue.ie/en/personal-tax-credits-reliefs-and-exemptions/land-and-property/rent-credit/index.aspx
The Deputy refers to the provision of accommodation to staff at a reduced rate. In this regard, section 118 TCA 1997, the general charging provision for the taxation of benefits in kind, provides for a charge to income tax in respect of the provision by a body corporate of certain benefits in kind which are not otherwise chargeable to income tax. The provision includes living or other accommodation provided for a director or employee and so may be applicable in this case.

Further information in relation to the tax treatment of the provision of free or subsidised accommodation can be found at the links below:
  • Tax and Duty Manual Part 05-01-01c: www.revenue.ie/en/tax-professionals/tdm/income-tax-capital-gains-tax-corporation-tax/part-05/05-01-01c.pdf
  • Revenue website: www.revenue.ie/en/employing-people/benefit-in-kind-for-employers/free-or-subsidised-accommodation/index.aspx

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