Lump sum on Termination of Employment

Would welcome opinion on this.

My husband was self employed for the last 12 years. Earlier this year, he had an accident which has caused serious damage to his spinal chord. He was in hospital for 4 months and even though at home now, is quite limited in what he can do for himself. It is unlikely he will make a full recovery.

As a result of the accident he decided to sell his business. While the business could run without his "hands on" input for some time, he believes it is best to sell now, and eliminate as much stress from his life as possible. He will get a decent price for the business.

I know there is a provision in Income Tax whereby an employer can make a tax free lump sum payment to an employee, where the employee has to terminate employment becasue of an injury.

Does anyone know if this also applies to a self employed business person - where in effect he is making a payment to himself. The business was set up as a company.
And if this has been tested with the Revenue, is there a limit on the sum that can be paid tax free? Would it be a multiple of annual salary?

We are obviosuly looking at reducing our CGT liability here, but don't want to run the risk of saving on CGT, and then to be hit at a later date with a more expensive Income tax bill.

Would appreciate if anyone has experience or advice on this.

Not sure if it is relevant, but compensation will not be paid as a result of the accident. Happened as a result of an epileptic seizure that ended with a very bad fall.


Many thanks

Valc

Sorry to hear about your difficult situation. Not trying to side step the questions but have you consulted with the business's accountant/tax advisor on this? Whatever feedback you get here it certainly looks like a big enough decision to make to merit getting independent, professional advice.

Thanks clubman.

yes, we have spoken to the compnay accountant- but he admitted he was not familiar with Revenue take on it and has asked one of the bigger firms for independent advice. Should have this next week. Was just wondering if anyone here has had experience of the Revenue take on this. The Act itself is very vague and could be open for "discussion"!!!

If the company is your husband's employer, then the fact that he also owns the company should not (in my opinion) be any impediment to the Company paying him a lum sum termination payment. However, there are numerous tax planning issues which arise on the sale of a company, and I really think you need to get advice from a solicitor or accountant who is familiar with these issues.

Tnx MOB.

We have had the company's accounting firm dealing with all the tax and final account issues. Much too complicated not to involve them!

I know numerous employee directors who have wound up a business, and received a redundancy payment. As per the link below, injury is a valid reason for receiving a lump sum. Directors have the same entitlements as normal employees when it comes to taxation in this matter.

[broken link removed]


Calculated as follows:
Basic Exemption: 10,160
plus 765 for each full year of service :9,180.
Increased Exemption: depending on pension type: 10,000

Total: 30K approx.

Hope this helps,

Mac

Hi again,

Having read leaflet it21, it seems that all of a lump sum paid for injury/illness is exempt from tax, so maybe he could in fact receive more than 30K

Mac

Thanks Mac.

He is defintely entitled to the "30k" tax free - it was an additional lump sum as a result of an injury / disability that I was enquiring about.

My understanding from reading the Revenue website is that where the injury causes one to terminate employment, then a tax free lump sum may be paid. I am curious to see if it has happened in practice.
Rgds.,

valc