Taxes Consolidation Act 1997 section 120

Unincorporated bodies, partnerships and individuals

Section 120 extends the benefit in kind (BIK) rules beyond companies to cover unincorporated societies, partnerships, sole traders, and public bodies.

• The BIK rules apply to unincorporated societies, public bodies, and other non-corporate bodies in the same way as they apply to companies, with necessary modifications.
• Partnerships and sole traders carrying on a trade or profession are also subject to the BIK rules, though references to directors and management are disregarded; "control" of a partnership means having rights to more than 50% of its assets or income.
• Where a partnership controls a company, any director employed by the partnership is within the BIK rules, and a person employed by both the partnership and the company is treated as employed by the company for BIK purposes.
• Benefits provided by a public body (the Civil Service, the Garda Síochána, or the Permanent Defence Force) to an office holder or employee are subject to BIK as if the public body were a company.