Tax on gifts and donations

Individuals can claim tax deductions when giving gifts or donations to organisations that have the status of deductible gift recipients (DGR).

To be eligible to claim a tax deduction for a gift, the ATO stipulates that it must meet the following four conditions:

• the gift must “truly be a gift”; that is, a voluntary transfer of money or property where the giver receives no material benefit or advantage.

• the gift must be made to a deductible gift recipient (DGR)

• the gift must be money or property

• the gift must comply with any relevant conditions. For some DGRs, the income tax law adds extra conditions affecting the types of deductible gifts they can receive.

What you can claim
The amount an individual can claim for a gift or donation depends on the type of gift given. For gifts of money, individuals can claim the total amount of the gift, as long as it is $2 or more. Different rules exist for gifts of property, and the amount of the tax deduction depends on the value and type of property.

Tax deductions for the majority of gifts can be claimed in the tax return for the income year when the gift is made. However, individuals can also spread the tax deduction over five income years under certain circumstances.

What you can’t claim
Individuals cannot claim a tax deduction for gifts or donation items that provide some personal benefit, such as:

• raffle tickets

• the cost of attending fundraising dinners (unless certain conditions are met – see your tax professional)

• membership fees

• payments to school building funds

• payments where there is an understanding with the giver and recipient that the payments will be used to provide a substantial benefit for the giver

Categorised in: Firm journal

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