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This edited version has been archived due to the length of time since original publication.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.

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Edited version of private advice

Authorisation Number: 1051651152790

Date of advice: 25 March 2020

Ruling

Subject: Assessable income - gift of money

Question

Is the money given to you by family members included in your assessable income?

Answer

No. The gift of money does not have the characteristics of income. The money is not earned, nor does it have any element of regularity or periodicity. The money is being given to you because of the familial relationship between you and the family members and not in respect of, or in relation to, any income-producing activity of yours. It is being given to you voluntarily by way of benefaction and no material benefit or advantage will be received by the family members in return. The money is a gift and is not included in your assessable income.

This ruling applies for the following period

Year ending 30 June 20XX

The scheme commenced on

1 July 20XX

Relevant facts and circumstances

Family members are giving you money.

The money is being given to you voluntarily.

The family members do not expect anything in return for the money.

The family members will not materially benefit from the gift.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 6-5