Are all types of income received by minors covered by the special rules?
No. Even though a minor may not be an excepted person, ordinary rates of tax still apply to certain types of income. Such income is called excepted income.
Excepted income includes:
- employment income
- taxable pensions or payments from Centrelink or the Department of Veterans’ Affairs
- compensation, superannuation or pension fund benefits
- income from a deceased person's estate
- income from property transferred to the minor as a result of the death of another person or family breakdown, or income in the form of damages for an injury they suffer
- income from their own business
- income from a partnership in which they were an active partner
- net capital gains from the disposal of any property or investments listed above, and
- income from the investment of any of the amounts listed above.
Excepted net income – that is, excepted income minus deductions relating to that income – is taxed at ordinary rates. All other income of a minor who is not an excepted person will be taxed at higher rates.
Source: Australian Taxation Office
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