T McGibney
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That about sums up the position - thank you!Unlike @T McGibney and @Greenbook I have no professional experience in this area. However, as a mere taxpayer, I have always understood that anti-avoidance provisions are engaged when a transaction has no underlying purpose apart from tax avoidance. Secondly, it is a piece of heavy artillery that is aimed at large value (multi-million) transactions, often between artificial corporate or partnership structures that, objectively, make no sense, and are often aggressively marketed by (some) financial advisers.
In no way does a transaction between spouses come under this heading. It can be more than adequately justified as being "in consideration of natural love and affection" or an equitable sharing of family resources that recognizes the value of a spouses work in the home - bonus marks here for invoking a constitutional argument!
Secondly it's small beer. Sure, an aggressive tax inspector or official might threaten it's use - handy to scare people into supine submission - but I don't think they'd put it to judicial test (risking it's utility in much higher value cases) for a relative pittance.
And finally, if an interspousal transaction like this could be caught up in anti-avoidance provisions, then virtually any transaction could be. Very generous pension provisions for proprietary directors to name just one.
Tax individualisation. Joint assessment only goes part of the way in terms of allowances and standard rate band. Transferring income producing asset allows use of spouse's self-employed tax credit, full standard rate band AND lower rate USC bands. Well worth doing. €thousands saved.What is the advantage if both husband and wife are jointly assessed for tax purposes?
Transferring income producing asset allows use of spouse's self-employed tax credit
Yes, whatever it's called! You have to have the income to avail of it.The Earned Income Credit?
You have to have the income to avail of it
My apologies. I'd always thought that it applied to all forms of income when the old PAYE credit was gradually extended to self-employed. Wrong end of the stick - mea culpa.You have to have earned income to avail of it.
It won't apply in the scenario being discussed in this thread.
This tax credit is not available against tax payable on passive (rental) income.
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