Sunday Independent (Ireland)

IS YOUR NIXER NON-COMPLIANT?

You could be entering unchartere­d territory when sorting tax on online income, writes Maura Ginty

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Staying on the right side of the taxman for online earnings,

THE recent lockdown may well have encouraged people to try their hand at making some money online. For many of us, the lockdown meant long stints at home, long spells out of work and an increase in online interactio­n. Should you be one of those who took advantage of lockdown to generate some income online — or if lockdown simply helped you discover ways to make money online which you now wish to pursue — it is very important you understand where you stand on tax and online earnings as it can often be tricky and unchartere­d territory.

Nowadays, cash can be generated online via sites sich as adverts.ie, Etsy or eBay. All of these sites allow you to sell items online — Etsy for example is an online marketplac­e which allows people to come together to make, buy and sell unique items.

Money can also be made online from blogging, podcasts or as an influencer with paid partnershi­ps or ads — if you have enough online followers.

Unfortunat­ely, given the relative ‘newness’ of the online world, there is little general guidance on Irish taxes and online income. Tax can be very complex and each person’s circumstan­ces are different. Ideally, if you have additional income, you should seek specific advice. You may even be able to do your own taxes online or you may have no tax obligation at all.

Even where the amount of money earned online is very small, there may still be a tax obligation — so it is very important that you understand any such obligation and do what needs to be done to avoid getting on the wrong side of the Revenue Commission­ers.

You should assume that Revenue will have access to online transactio­ns and, indeed, they are currently analysing the tax compliance of Airbnb hosts.

Airbnb is required to share informatio­n with Revenue and the level of informatio­n shared is broad — for example it extends to foreign rental income earned by Irish residents.

CASUAL SALES

A casual sale can include a sale of clothes on Depop (an online app which allows you to buy and sell clothes) after a closet clear-out, or the sale of old smartphone­s, tablets or furniture. Generally, small value casual sales of this nature do not give rise to Irish tax. In most cases, there will be a loss as the money made on the sale of that dress or iPad for example will nearly always be less than the original cost. For tax purposes, this loss is ignored.

So if you’ve earned a small bit of money from casual sales, you should not have to do anything here in relation to tax — and there is no need to disclose anything on a tax return in relation to these sales.

The tax position will be different, however, if the sale is not casual but instead is part of your trade or business. If you repeatedly buy things to resell, make things with a view to selling them, or frequently sell items with a view to making a profit, then you are most probably trading for tax purposes. Classic examples here in the online context would include an eBay powerselle­r — an individual who achieves a high level of sales on eBay — or a trader availing of Shopify, the e-commerce platform which facilitate­s the setup of a unique online store.

These examples are generally equivalent to having a permanent stall in a town market. So people who fall into this category need to prepare accounts and are subject to tax on profits in the normal way.

A word of caution: if you are selling particular­ly valuable items (that is, items worth more than €2,540 each — or as part of a set), you could be liable to Capital Gains Tax (CGT) on any gain. Items such as jewellery, artwork, antiques and so on may be affected by this.

BRAND COLLABS & ADS

The receipt of income from the provision of any service is liable to Irish income tax. Online services can include activities such as a brand collaborat­ion on Instagram, the provision of ad space on a blog or YouTube channel, or the supply of content via Patreon, a platform which allows artists, musicians and other creative people to get paid.

The formal tax treatment will depend on whether you are carrying out a trade or not: in other words, are you in business or is this your hobby? The tax rate will be the same regardless of whether it is a business or hobby. However, the classifica­tion can give rise to other tax difference­s, such as allowable expenses and entitlemen­t to the earned income tax credit (which can reduce your tax bill by up to €1,500).

GIFTS FROM BRANDS

The receipt of a genuine gift is generally not subject to income taxes. Such a gift will include the receipt of an item where you are under no obligation to provide anything in return.

However, if the brand requires you to post, say, an unboxing video (where you unpack a product and demonstrat­e how to use the item) or a review of a product online, then this would not typically be a gift. In strictness, the item would need to be valued and treated in the same way as if you had received cash for services provided. The market value in many cases can be easily identifiab­le as such products would typically be available for customers to purchase. This amount will be subject to income taxes in the normal way.

There is a separate gift tax in Ireland, called Capital Acquisitio­ns Tax. This tax only applies where the value of the gift received from an individual, company or brand is more than €3,000 a year. Such gifts from brands would be rare and you should obtain your own tax advice if you are in this territory.

The tax situation may be more complex if you have other paid collaborat­ions or projects with the brand — or you are in business. The ‘gift’ may be part of your business activities and could be taxable. Say your contract with a brand is due to expire and is up for renegotiat­ion and in the midst of discussion­s, you receive a holiday from that brand. For tax purposes, this could be regarded as some form of taxable inducement payment. Ideally seek tax advice here.

AIRBNB

Airbnb, the online accommodat­ion service which allows people to make extra money by renting out their properties, has become a handy earner for many Irish people in recent years. Money earned as an Airbnb host is taxable income.

The tax rules around Airbnb had a reputation for being confusing but they have become less so in recent years. The rules around rent-a-room tax relief — the scheme which typically allows you to earn up to €14,000 a year tax-free by renting out a room in your home — were tightened up recently to ensure short-term Airbnb lettings would not qualify for this tax break.

Nowadays, the main issue is whether the Airbnb host’s activity is regarded for tax purposes as an occasional letting or a trade. There is more flexibilit­y around tax deductions if the host’s activity is regarded as a trade. Costs such as insurance, interest and maintenanc­e would not be tax deductible for the occasional letting of a room in your home. However, in all cases, a tax deduction should be available for Airbnb commission­s, cleaning fees, and food provided to guests. A reasonable apportionm­ent of electricit­y, gas, heating and so on which is utilised by guests may also be allowable.

PAPERWORK

You will need to prepare accounts if your online activities amount to a business — and you may have a tax liability on income earned online. As an Irish resident, if you have no other income, you can usually have at least €8,000 of taxable profits a year before any tax liability kicks in. You will still need to notify Irish Revenue and file a tax return.

For those not in business, the tax around online income can be a lot simpler. As a rule of thumb, if you receive money for a service such as a brand collaborat­ion or Airbnb letting, then you need to declare it and pay the tax. However, the casual sale of items will not generally trigger any tax obligation —so you will have to find another excuse for delaying that closet clearout!

Maura Ginty is principal of Gintax (gintax. ie). Prior to setting up her own firm, she worked in KPMG for 16 years. She is a member of the Irish Tax Institute.

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