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inandsp(Enthusiast)Enthusiast
10 Apr 2024

My father-in-law is a non-resident of Australia and recently received AUD $9,000 in interest income from a loan he provided to a relative for investment in shares/ETFs and generating assessable income.


Our questions are:

1, Does my father-in-law need to apply for a Tax File Number (TFN) and lodge a tax return to report this interest income? And I also checked the ATO website (https://www.ato.gov.au/forms-and-instructions/payg-withholding-from-interest-dividend-and-royalty-payments-to-non-residents-annual-report) states: "This amount will not be included in your taxable income. We will advise you of the amount of withholding tax you have to pay on this interest." Does this imply the interest is not considered taxable income in Australia, and the ATO will initiate contact to determine the withholding tax amount?

2, Can the relative who borrowed the money deduct the interest($9,000) they paid to my father-in-law on their tax return, similar to deducting interest paid on a loan for investment from a bank?

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1,830 views
4 replies

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Deb_ATO(Community Support)Community Support
18 Apr 2024

Hi @inandsp


  1. Yes, he will, and if there's been no non-resident withholding tax withheld, once he lodges the income tax return, we'll work out the amount of non-resident withholding tax to be paid and let him know.
  2. As long as you meet the conditions, yep you can. Check out the further info on Interest you pay on borrowed money. But in cases where there's been a failure to withhold on the interest, then it's not deductable.

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inandsp(Enthusiast)Enthusiast
10 Apr 2024

It seems the link I posted above is wrong. It should be "https://www.ato.gov.au/individuals-and-families/your-tax-return/instructions-to-complete-your-tax-return/mytax-instructions/2022/income/australian-income-or-losses-from-investments-or-property/interest" . But I still have the same question.

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Deb_ATO(Community Support)Community Support
18 Apr 2024

Hi @inandsp


  1. Yes, he will, and if there's been no non-resident withholding tax withheld, once he lodges the income tax return, we'll work out the amount of non-resident withholding tax to be paid and let him know.
  2. As long as you meet the conditions, yep you can. Check out the further info on Interest you pay on borrowed money. But in cases where there's been a failure to withhold on the interest, then it's not deductable.

inandsp(Enthusiast)Enthusiast
24 Apr 2024

Thank you for your information! It helps a lot. But I am a bit concern about what you said in the last sentence "But in cases where there's been a failure to withhold on the interest, then it's not deductable. “


Does that mean the relative who paid the interest need to withhold tax and then can claim a deduction? In this case, the relative needs to apply a PAYG withholding account and lodge a "PAYG withholding from interest, dividend and royalty payments paid to non-residents annual report" annually, and on the other side, my father-in-law(only has this income in AU) who received the interest doesn't need to apply TFN and lodge tax return any more since the tax is withheld. Is that right?

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Tax Implications for Non-Resident Interest Income in Australia | ATO Community