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Kylie70(Newbie)Newbie
1 Feb 2025

Hello


My elderly mother (in her 90s) receives a Government pension plus income from a defined benefit super scheme. Annually she needs to submit a tax return and each year she gets approx $3k as a return.


She is quite frugal but likes to give her kids and grandkids money at birthdays and Christmas (usually $50-100 each). Over the last couple of years she has given me most of her tax return money because I help her lodge her tax return and given my brother $10k for a medical procedure he had to have.


I know that she can gift $10k per year and a max of $30k in a rolling 5year period. I have some questions that I would appreciate some help with:


Q: In giving me $2.5k and my brother $10k last year, has she exceeded her $10k limit? What are the implications of this to her?


Mum wants to give me some more money to even-out what she has given me and my brother, but I’m concerned that this will push her beyond the $10k per year, and maybe beyond the $30k in the last 5years.

-Can she gift more money I.e. $5-10k to me without impact under the gifting rules?

-Does $200 here and there to different family members get counted in the $10k limit, noting this is mostly for birthdays and celebrations?

-What are the implications to her of exceeding the $10k per year and $30k in 5year limits?


Also of note, I am her enduring power of attorney when she passes.


Thankyou. Any guidance would be appreciated.

5,630 views
1 replies
5,630 views
1 replies

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Most helpful reply

TaxFree(Champion)Champion
2 Feb 2025

The 10k limit to gifting is not a limit imposed by the ATO. It is a Centrelink limit for people that are receiving government pensions. Have a look at the Services Australia website for more info on how this might impact her pension potentially.

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Most helpful reply

TaxFree(Champion)Champion
2 Feb 2025

The 10k limit to gifting is not a limit imposed by the ATO. It is a Centrelink limit for people that are receiving government pensions. Have a look at the Services Australia website for more info on how this might impact her pension potentially.

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What is included in the $10,000 per year family gifting limit | ATO Community