Re:Ask HN: Is it legal to barter or volunteer help in Wester...
by tgflynn on Monday November 08, 2021 @10:20AM
(#29150137)
It sounds like you're talking about exchanges, which was only part of the OP's question, which also included the much more sweeping: "it is illegal to voluntarily help someone who is not family".
Re:Ask HN: Is it legal to barter or volunteer help in Wester...
by raxxorrax on Monday November 08, 2021 @10:29AM
(#29150249)
It is restricted to that. If there is no exchange, the law wouldn't apply. No legal expert though and it could be different in other European countries. Of course it could also enable tax evasion when parties hide payments.
If you give your friend money for some help he provided you would need to pay taxes (otherwise people could always pretend to be friends and exchange money behind their back while not paying any tax because it wasn't a business exchange)
There is a low amount of such work that is free (pretty low, around 300$ per year).
In practice people often ignore it. If you give away your gaming console to your friend helping to renovate the house, you might theoretically need to pay taxes. But I think you only get into real trouble if you conduct real business or there simply isn't any enforcement possible anyway.
There are similar rules for gifting since it would equally enable you to evade paying tax by declaring mutual gifts instead of service and payment.
edit: I think the legal term is "Gefälligkeit", it would you net sources in German of course. The law is also defines claims for both parties. What if your friend painted your house blue, but you wanted it red? Who is responsible for the damage, etc. pp.