Can the tax office claim tax on Christmas gifts? Maybe, if Santa was very generous, then when? [27.12.2022 r.]
It all depends on who gave the gift to whom and how it was financed. In the simplest way, gifts can be divided into business and private. In the case of private gifts, the second criterion is also the degree of kinship with the person who gives the gift.
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Gifts received from the employer are so-called. benefits in kind (pursuant to the PIT Act). Their taxation depends on the funds from which the employer finances them.
These may be current funds or funds from the Company Social Benefits Fund.
– If the gift is financed from the company’s current assets, the employer will be obliged to add the value of the gift to taxation. There will be no exemption in this case. Therefore, even for a missed gift, the employee should pay tax – says Piotr Juszczyk, Chief Tax Advisor at inFakt.
The situation is different when financing gifts from the Social Fund. The PIT Act allows them to be exempt from tax, but the value of the gift received is also important. Currently, up to 2,000 persons are exempt from benefits in kind. PLN on an annual basis. If the gift has a higher value, the excess over this amount should be taxed.
We are gifted not only by employers, but above all by relatives and friends. Most of us, when we receive a gift, do not consider whether it should be taxed. “Meanwhile, if Santa is exceptionally generous, it may turn out that the gift is taxable. Neglecting this issue may result in negative consequences – this is regulated by the Act on inheritance and donations.
According to it, donations from one person up to the set limits are exempt from taxation, indicates the inFaktu expert.
From October 13, 2022, the limits are as follows:
- PLN 10,434 – 1st tax group, e.g. parents, grandparents or children;
- PLN 7,878 – tax group II, e.g. aunts or uncles;
- PLN 5,308 – III tax group: completely unrelated persons, e.g. friends.
However, the limits do not mean that a lower value gift will always be tax-free. As Piotr Juszczyk explains, not only the last gift is included in the limits. – The recipient must add up the value of all donations received from a given person in the 5 years preceding the year in which he received the last gift. This means that one person can give us gifts with a total value equal to the statutory limit within 5 years, so that we do not pay tax.
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For example: the taxpayer received a gift from his uncle worth 6 thousand. PLN (i.e. lower than the limit of PLN 7,878) and at the same time of the same value from his aunt – uncle’s wife. In total, it is 12 thousand. PLN, but from each person below the limit. However, if the taxpayer received a gift only from his uncle in the amount of PLN 12,000, then the amount above the limit, i.e. PLN 4,122, is subject to taxation.
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