Date posted: 03/10/2023

Submission on Income Tax: Income – when gifts are assessable income

CAANZ’s feedback on the draft interpretation statement

When finalised, the draft statement will replace the Commissioner’s views published in the December 1992 and September 1994 Tax Information Bulletins. 

Briefly, the draft statement considers four scenarios where a gift could be taxable to the recipient, being income: 

  • from employment activities
  • from carrying on a business or a profit-making undertaking or scheme (a profit-making activity)
  • from a voluntary activity, or 
  • under ordinary concepts.

CA ANZ suggests some aspects of the item be reviewed, amended and clarified with additional references.