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Home / Simons-Taxes /Business tax /Part B2 How are trade profits and losses calculated? /Division B2.4 Trading expenses—specific items /Which expenses may be deductible? / B2.441 Gifts—benevolent gifts, cash payments and gifts of medical supplies
Commentary

B2.441 Gifts—benevolent gifts, cash payments and gifts of medical supplies

Business tax

Benevolent gifts by traders

In general, the cost of business entertainment and gifts is not an admissible deduction for tax purposes1 (see B2.432). However, this restriction is removed2 in the case of business donations to registered charities, provided the deduction would otherwise be allowable. Other expenditure on gifts does not fall within the restriction provided that:

  1. Ìý

    •ÌýÌýÌýÌý it is wholly and exclusively incurred for the purposes of the trade

  2. Ìý

    •ÌýÌýÌýÌý the gift is made for the benefit of a body or association of persons established for educational, cultural, religious, recreational or benevolent purposes, and the body or association is:

    1. Ìý

      –ÌýÌýÌýÌý local in relation to the donor's business activities, and

    2. Ìý

      –ÌýÌýÌýÌý not restricted to persons connected with the donor

  3. Ìý

    •ÌýÌýÌýÌý the expenditure is reasonably small in relation to the scale of the donor's business

The payment of an ordinary annual subscription to a local trade association by a non-member is similarly not regarded as a gift provided it is incurred

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