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[Tax] Does gifting money create Australian income tax obligations?

  • Apr 27
  • 2 min read

Short answer: No — giving money to another person as a genuine gift does not trigger Australian income tax for the recipient. Cash gifts are not taxable income in Australia, and Australia has no gift tax.


Australia abolished gift tax in 1958, and cash gifts are not treated as income for the recipient. If you give someone money — whether $10 or $1,000,000 — the recipient does not include it in their tax return, provided it is a true gift (voluntary, no expectation of return, no material benefit to the giver). The donor/giver, however, cannot deduct that personal gift against their own taxable income unless the money goes to a Deductible Gift Recipient such as a registered charity, becasue the exception is for charitable donation and you can claim a tax deduction.


The ATO considers a transfer a genuine gift only when it is voluntary, carries no expectation of return and confers no material advantage on the giver. Whenever a gift falls outside those boundaries, it risks being treated as a disposal of an asset, as income, or as a fringe benefit.


The "No" applies to cash gifts alone. Rather than cash gifts, the moment you gift an asset such as a house, vacant land, shares, units in a managed fund, cryptocurrency or even a rare collectible, the ATO treats you as having disposed of it for its full market value. That triggers a Capital Gains Tax event.


In short, if you give someone an asset other than cash gifts, the ATO treats it as if you sold it at market value, which can trigger Capital Gains Tax (CGT) for the giver. It makes no difference that the giver received zero dollars in return. The recipient does not pay tax at the time of transfer, but they inherit the market value as their new cost base, so future CGT consequences shift to them whenever they eventually sell.



If money is given in exchange for something (e.g., an influencer promotion or business services), the ATO may treat it as assessable income rather than a gift.



Reference:


Disclaimer: This article is intended to provide general information only and does not constitute professional advice for specific circumstances.  It should not be relied upon as a substitute for tailored advice.

 
 
 

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