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AU3.4 Tax implications for minors

Commentary

AU3.4.1 Excepted person | Australia

Australia

Contributed by: Naomi Smith, Tax Partner at Nexia Australia

The income tax payable on the income of a minor (an individual aged under 18) is subject to special rules. These rules were introduced to discourage income-splitting by diverting income to children, but are not confined to situations where income-splitting is involved.

Under these rules, 'unearned income' of minors over a certain level is taxed at the highest marginal rate of tax. The rules apply to income (including capital gains) derived by a minor directly or through a trust. If the minor is an Australian tax resident, the special rules do not apply if the relevant

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