Taxation Determination

TD 92/106W

Income tax: who should be assessed to interest earned on a joint bank account?

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Notice of Withdrawal

Taxation Determination TD 92/106 is withdrawn with effect from today.

1. TD 92/106 explains that for income tax purposes, interest income on a joint bank account is assessed to the persons who are beneficially entitled to the income. Joint account holders are presumed to have joint beneficial ownership in equal shares unless rebutted by evidence to the contrary.

2. TD 92/106 is replaced by Taxation Determination TD 2017/11 issued on 26 April 2017 which consolidates the ATO's views on who is assessed on interest on bank accounts. Further guidance on declaring interest on joint bank accounts is also available on www.ato.gov.au.

Commissioner of Taxation
26 April 2017

© AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA

You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products).

References

ATO references:
NO 1-A8PCUFB

ISSN: 2205-6211

Related Rulings/Determinations:

IT 2486

Subject References:
derivation of interest from joint bank account

Legislative References:
ITAA 25(1)

Case References:
MacFarlane v. FC of T
86 ATC 4477
(1986) 17 ATR 808


Case Z7
92 ATC 131

AAT Case 7675
(1991) 22 ATR 3591

TD 92/106W history
  Date: Version: Change:
  1 July 1992 Original ruling  
You are here 26 April 2017 Withdrawn