TWSS payments repayable by employers who fail to complete compliance checks

Employers who to date have failed to complete their Temporary Wage Subsidy Scheme (TWSS) compliance checks and supply sample payslips have until 17 May 2021 to provide the information requested. Following this date, TWSS payments will become repayable by the employer in accordance with section 28 of the Emergency Measures in the Public Interest (Covid-19) Act 2020. Revenue recently issued letters to approximately 892 employers, giving them a final opportunity to avoid the recoupment of TWSS payments.

The Revenue letter requires employers to submit outstanding TWSS information requested by Monday, 17 May 2021 in order to avoid recoupments of the TWSS payments received.

Section 28 (9) of the Emergency Measures in the Public Interest (Covid-19) Act 2020 provides that the employer must refund amounts not paid to the employee or where it transpires that the employer was not entitled to receive the TWSS for an employee to Revenue. Subsection 10 details that amounts repayable in accordance with subsection 9 will be treated as income tax due and payable from the date payment was original made to the employer. Interest at a rate of 0.0219 percent will apply for each day or part of a date from the date TWSS payments become repayable in accordance with subsection 13.