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Gift or income

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wildlyons View Drop Down
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Joined: 06/June/2012
Location: Australia
Posts: 1
  Quote wildlyons Quote  Post ReplyReply Direct Link To This Post Topic: Gift or income
    Posted: 06/June/2012 at 12:38
Please forgive me if this is the wrong section.

I need help regarding gifted money and whether it will be considered income by the ATO. My situation is this: over the years I have done freelance work for my fathers company billing towards $8k perhaps 4-5 months out of the year. For six months this year I also worked for him as an employee.

On the side he's gifted me $170k basically to earn high interest on his money in my name. The money was paid over a few months early this year in sums of $10-20k at a time. I got uncomfortable with this when he asked for $70k back in cash. Now I feel it looks like embezzling. Any advice on how the ATO might see it. I searched and searched their website but to no avail. From my understanding the nexus could easily be established but maybe it's complicated because he's also related? Then on top of that the money was paid in sums consistent with past invoices and overa period of time. It was ore employment but during subcontract. From his side the money was received as winnings.

Any advice or have I dug myself into a great big hole?
Thanks in advance.

 

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MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 06/June/2012 at 16:24
If the money is invested in your name you will be liable for tax on the interest, however the tax department will only discover the transfer to you if they audit his books or yours, is this likely to happen?

To get around this a simple exchange of letters between the two of you firstly stating that the deposit has been made and advising that it is only a temporary loan and that it is require back when requested, and another letter acknowledging these arrangements.

Be aware that banks are required to report large transfers and withdraws or deposits in cash if they are for amounts over $10,000. If the bank is suspicious about smaller amounts they may also report these.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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Consent Orders - financial separation and parenting orders - $725 - full paralegal service

 

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