October News

Accounting SLO

TAX TREATMENT OF GIFTS

1. Gifts for the Recipient

1.1. Individuals (ZDoh-2):

  • Non-taxable gifts:
      • if received by an individual from another individual (who is not the employer or a related party),
      • if not related to business activity.
  • Taxable gifts:
      • gifts from employer or in connection with employment → treated as fringe benefit (employment income),
      • gifts related to business activity → treated as business income,
      • gifts that are not employment/business income may qualify as other income (if they exceed €42 individually or €84 annually from the same donor).

Exceptions:

  • December gift to employee’s child up to 15 years old → non-taxable up to €42,
  • fringe benefits up to €15 monthly → not included in tax base.

1.2. International Aspect

If a gift is received by a Slovenian resident from abroad, it is generally taxable only in Slovenia, in accordance with double taxation treaties. Non-residents may claim exemptions under these treaties.

1.3. Inheritance and Gift Tax (ZDDD)

  • Subject to tax: real estate, movable property (including cash, securities), property rights, if the gift is not considered income under ZDoh-2.
  • Rules for individuals:
      • gift of movable property is not taxable if the total value does not exceed €5,000,
      • for real estate or higher-value gifts, a tax return must be filed within 15 days,
      • gifts within 12 months from the same donor are aggregated,
      • gifts between spouses, children, stepchildren, sons-in-law/daughters-in-law, and registered partners are exempt.
  • Rules for private legal entities:
      • same as for individuals,
      • institutions operating in the public interest (religious, charitable, cultural, educational, etc.) are exempt if the gift is intended for their activities.

2. Gifts for the Donor

2.1. Individuals

  • Generally have no tax obligations.
  • Exception: if capital is gifted (real estate, shares, securities), income tax on capital gains may be assessed, unless the gift is to a spouse or child (deferral possible).

2.2. Legal Entities and Entrepreneurs

  • Donations: tax non-deductible expense, but tax relief may be claimed.
  • Gifts to business partners: treated as representation expense, 50% deductible.
  • Gifts to employees: treated as fringe benefits → taxed as employment income, expense deductible only if taxed under ZDoh-2.
    • exception: December gift to employees’ children up to €42 → fully deductible expense.
  • Gifts to owners: treated as profit distribution.
  • Transfer to household for sole proprietors: treated as taxable disposal.

2.3. VAT on Gifts

  • Supply of goods includes free disposal of goods if VAT deduction was claimed upon acquisition.
  • Exceptions (no VAT):
      • business samples in reasonable quantities,
      • gifts of minor value (up to €20, occasional, not to the same persons, without consideration).
  • For proper accounting, it is recommended to maintain a gift register.

Key thresholds:

  • €15 (monthly non-taxable fringe benefit),
  • €20 (gifts of minor value – VAT),
  • €42 (gift to employee’s child),
  • €42 / €84 (other income – threshold for individuals),
  • €5,000 (gift of movable property under ZDDD).

Source: I Received a Gift | FINANCIAL ADMINISTRATION OF THE REPUBLIC OF SLOVENIA

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