Private ruling: Ordinary income - gifting
Published: January 2015
Ruling period: Year ended 30 June 2015
Date scheme commenced: 1 July 2014

Ruling: Question and answer: | Will the lump sum amount you receive from your parent be included in your assessable income? | No.

Relevant facts and circumstances: Your parent who resides overseas is planning to voluntarily give you and your family a monetary gift. The gift is not related to any income-earning activity as an employee or contractor etc., but simply a gift from your parent while they are still alive.

Relevant legislative provisions: Income Tax Assessment Act 1997 Section 6-5

Reasons for decision: Summary: Subsection 6-5(2) of the Income Tax Assessment Act 1997 (ITAA 1997) provides that the assessable income of an Australian resident includes ordinary income derived directly or indirectly from all sources. Ordinary income is defined in the ITAA 1997 as income according to ordinary concepts. The courts have not applied a strict definition of income, but have traditionally identified a number of characteristics that provide the basis in determining whether a receipt is income. The main characteristics that have been identified may include the receipt being: • received periodically and regularly • relied upon or expected • earned, and • for the replacement of income. Generally, a gift is regarded as a personal windfall gain or as the result of a domestic or personal arrangement and not as ordinary income unless you have received the money because of, in respect of, or in relation to any income-producing activity of yours. A voluntary payment or gift which is properly characterised in the hands of the recipient, as a product or incident of employment or a reward for services (including for past services) is assessable income. Taxation Ruling TR 2005/13 provides principles relevant to the determination of whether a transfer of money or property constitutes a gift. The term 'gift' is not defined in the ITAA 1997. Therefore, the word 'gift' takes its ordinary meaning. Rather than attempting to define a 'gift', the courts have described a gift as having the following characteristics and features: • there is a transfer of the beneficial interest in property • the transfer is made voluntarily • the transfer arises by way of benefaction, and • no material benefit or advantage is received by the giver by way of return. In your case, the payment from your parent will be given to you and your family voluntarily for personal reasons only and not as a result of any services performed. As such, the money you will receive from your parent is considered to be a private or domestic arrangement. Therefore, the amount that you and your family receive from your parent as a gift will not be included in your assessable income.