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Sole Trader - Gifts to Family Members

  • 05-12-2013 5:30pm
    #1
    Registered Users, Registered Users 2 Posts: 179 ✭✭


    Hi,

    Quick question:

    Can a sole trader give a gift of money to a family member or another person and get a reduction in tax from that gift?

    Sorry if I haven't explained that correctly?

    Regards,


Comments

  • Registered Users, Registered Users 2 Posts: 735 ✭✭✭Alan Shore


    A gift as outlined would not qualify as a deduction for tax it is a distribution classed as drawings.


  • Registered Users, Registered Users 2 Posts: 38 Beal Tuille


    Nope.

    Alan Shore has outlined it correctly.

    It may not be taxed in the hands of the recipient but it would not be a valid business expense for the sole trader.


  • Registered Users, Registered Users 2 Posts: 3,588 ✭✭✭2ndcoming


    In fairness if this was the case why would any sole trader pay any tax?

    "I give it all to herself sure!"


  • Registered Users, Registered Users 2 Posts: 179 ✭✭sally365


    I thought you could give 3k max, although maybe that's if you are a Ltd.


  • Registered Users, Registered Users 2 Posts: 3,395 ✭✭✭phormium


    You can give someone a gift of 3k and they are not liable for gift tax, no advantage to you though, it will come out of your after tax income.


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  • Registered Users, Registered Users 2 Posts: 7,157 ✭✭✭srsly78


    sally365 wrote: »
    I thought you could give 3k max, although maybe that's if you are a Ltd.

    A limited company can give each of it's employees e250 of non-cash benefit without incurring tax (usually means voucher) per year.

    http://www.revenue.ie/en/business/paye/guide/employers-guide-paye-definition.html (see small benefit section).


  • Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    If you are a sole trader you are unincorporated so there is no issue re company law.

    You can provide a gift of up to €3,000 per year free from CAT to the person whom you are giving it to.

    You can never use gifts from a sole trader as a tax shelter. You can give valid employment payments and take a deduction for them under employment law guidelines.

    Thread closed as this is bordering on tax avoidance schemes and I am uncomfortable with this line of enquiry.


This discussion has been closed.
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