Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your written advice
Authorisation Number: 1051471450055
Date of advice: 11 January 2019
Ruling
Subject: Assessable income
Question
Is a cash gift from your parents considered assessable income?
Answer
No.
Money received (gifted) from friends and family (resident or non-resident) is not considered income for the purposes of subsection 6-5(2) of the Income Tax Assessment Act 1997 (ITAA 1997). This is because you are being given (gifted) the money and not being paid for services provided. The gift of money is considered a personal agreement between yourself and the person who gives you the money.
It is also advised that you contact the Australian Transaction Reports and Analysis Centre (AUSTRAC) to declare the money received. For further information on Amounts Not Included as Income, please visit ato.gov.au and search for QC 31936.
This ruling applies for the following period:
Year ended 30 June 20XX
The scheme commences on:
1 July 20XX
Relevant facts and circumstances
You are both Australian residents for taxation purposes.
Your parents live abroad and wish to gift you $XXX Australian Dollars.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 6-5(2)