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AU Guidance · ATO ·

ATO issues decision impact statement on Cheung case over unexplained overseas deposits claimed as gifts

Summary

The ATO has published a decision impact statement on Commissioner of Taxation v Cheung [2026] FCAFC 75, where the taxpayer failed to prove that large deposits from an overseas family business over 11 years were gifts. The ATO says gift claims need consistent, corroborated evidence; comments are open until 4 December 2026.

What it means for you

Migrants and NRIs in Australia receiving large family transfers from India should keep strong records proving the money is a gift.

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This summary is general information, not legal advice. The outcome of any case depends on its facts; read the source and take advice before acting.

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