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UK Family Gift Taxable?

UK Family Gift Taxable?

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Old Jul 17th 2011, 10:06 am
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Default UK Family Gift Taxable?

Hi all,

Any tax gurus on here...? I'm about to get 35,000 GBP from my brother in the UK. The cash will stay in a UK savings account. Does anyone know what my tax liabilities in Australia will be? I.e. will I pay tax on that amount as a whole, or just the interest?

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Old Jul 17th 2011, 10:09 am
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Default Re: UK Family Gift Taxable?

Interest only. Receiving a gift is not classified as income, generally gifts can have inheritance tax or CGT implications (in some circumstances) but never income tax implications.
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Old Jul 17th 2011, 10:16 am
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Default Re: UK Family Gift Taxable?

Originally Posted by Bermudashorts
Interest only. Receiving a gift is not classified as income, generally gifts can have inheritance tax or CGT implications (in some circumstances) but never income tax implications.
Thanks - it is part of an inheritance, being passed over to me. We have both inherited 35k and he wants me to hold his half, so I will get a cheque for 75k from our solicitor. How would I prove to the ATO that half was an inheritance and half was gifted from my brother?
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Old Jul 17th 2011, 10:21 am
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Default Re: UK Family Gift Taxable?

Originally Posted by Smudger82
Thanks - it is part of an inheritance, being passed over to me. We have both inherited 35k and he wants me to hold his half, so I will get a cheque for 75k from our solicitor. How would I prove to the ATO that half was an inheritance and half was gifted from my brother?
I am sure it would be quite easy to prove where the money came from and what it represents, a letter from the executor, statement of inheritance accounts? But I am not sure that it matters as it is the UK estate that is subject to inheritance tax and that would have been taken before the estate was shared out. If in doubt that, I would suggest a quick consult with a tax accountant, but I think it could be a tax non event so to speak.
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Old Jul 17th 2011, 10:23 am
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Default Re: UK Family Gift Taxable?

Originally Posted by Bermudashorts
I am sure it would be quite easy to prove where the money came from and what it represents, a letter from the executor, statement of inheritance accounts? But I am not sure that it matters as it is the UK estate that is subject to inheritance tax and that would have been taken before the estate was shared out. If in doubt that, I would suggest a quick consult with a tax accountant, but I think it could be a tax non event so to speak.
Thanks mate - much appreciated!
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Old Jul 17th 2011, 6:39 pm
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Default Re: UK Family Gift Taxable?

Originally Posted by Smudger82
Thanks - it is part of an inheritance, being passed over to me. We have both inherited 35k and he wants me to hold his half, so I will get a cheque for 75k from our solicitor. How would I prove to the ATO that half was an inheritance and half was gifted from my brother?
"Hold his half" is an odd way to describe a gift. Is he really giving it to you?
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Old Jul 17th 2011, 8:35 pm
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Default Re: UK Family Gift Taxable?

Originally Posted by JAJ
"Hold his half" is an odd way to describe a gift. Is he really giving it to you?
In all honesty, that's no one else's business.
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Old Jul 17th 2011, 10:14 pm
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Default Re: UK Family Gift Taxable?

No problems with a gift from an Aus point of view but there are limits on gifts in the UK (and those limits are set on the giver not the receiver).
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Old Jul 17th 2011, 10:39 pm
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Default Re: UK Family Gift Taxable?

Originally Posted by Smudger82
In all honesty, that's no one else's business.
You asked the question, but cannot hope for meaningful advice if you are not clear about critical information.
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Old Jul 17th 2011, 11:17 pm
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Default Re: UK Family Gift Taxable?

Check your PMs.
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Old Jul 17th 2011, 11:26 pm
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Default Re: UK Family Gift Taxable?

Double checked with the ATO, it is just the interest earned on the original amount that is taxable. They accept it as a gift amount and aren't concerned.

Thanks to everyone that gave helpful advice.
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Old Jul 18th 2011, 2:13 am
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Default Re: UK Family Gift Taxable?

Originally Posted by Rambi
No problems with a gift from an Aus point of view but there are limits on gifts in the UK (and those limits are set on the giver not the receiver).
There are not limits on gifts in UK. There is just a limit on what can be gifted with zero tax implications. If the limit is exceeded then there could be potential future IHT implications, but equally there might not be...
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Old Jul 18th 2011, 3:04 am
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Default Re: UK Family Gift Taxable?

Originally Posted by Bermudashorts
There are not limits on gifts in UK. There is just a limit on what can be gifted with zero tax implications. If the limit is exceeded then there could be potential future IHT implications, but equally there might not be...
Sorry. As we were talking about tax I thought that was obvious I was talking about limits to do with the UK gift tax.

My bad. I always overestimate the ability of people to think about things in context.

Last edited by Rambi; Jul 18th 2011 at 3:08 am.
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