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If my mom sends me 20,000 dollars every year and I put them

 
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Customer Question

If my mom sends me 20,000 dollars every year and I put them in my bank and pay interst tax, can I say the 20,000 dollars my annual income? If not, what is taxable income include?

 

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State/Territory: VIC

Submitted: 278 days and 5 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED

Accepted Answer

Expert:  Havenlawyer replied 278 days and 5 hours ago.

Hello and thanks for your question.

 

Taxable income generally means income derived through labour or from a profitable enterprise or investment. The tax laws include somewhat more complex and specific definitions of what constitutes income, but the above description should give a sense of what income is.

 

However, gifts are generally not regarded as income and are not taxable under current Australian Law.

 

However, if an amount is paid regularly the ATO will sometimes treat it as income in which case it may become taxable. To avoid this it may be better if your mother varies the amount she gives you from year to year.

 

Also be aware that money which you may regard as a gift, can still be held to be income at law if it is traceable or arises out of work, benefits or items of value supplied to the payer. So if you regularly do work for your mother which might justify the payments, then it is possible the ATO could form the view that such payments were income.

 

I trust the above assists your understanding.

 

If you have a follow up question, please ask and I will attempt to assist you further, otherwise please rate my answer so that I can be paid for my time and effort.

 

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Thank you.

Havenlawyer41095.5178164699

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Category: Australia Law
Pos. Feedback: 95.0 %
Accepts: 3239
Answered: 7/5/2012

Experience: Dip Law LPAB - Sydney based lawyer

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