# Can I use my partner's ABN?



## ryanhunt

I work full time and I've been uber driving in the evenings, part time around 10 hours a week. To minimise my tax, was thinking of using my partner's ABN, as she earns less than the tax free threshold each year.

Is this an option for me?


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## Who is John Galt?

ryanhunt said:


> I work full time and I've been uber driving in the evenings, part time around 10 hours a week. To minimise my tax, was thinking of using my partner's ABN, as she earns less than the tax free threshold each year.
> 
> Is this an option for me?


Sure. Why not?
In actual fact, strictly speaking you don't need an ABN at all.


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## UberDriverAU

ryanhunt said:


> I work full time and I've been uber driving in the evenings, part time around 10 hours a week. To minimise my tax, was thinking of using my partner's ABN, as she earns less than the tax free threshold each year.
> 
> Is this an option for me?


If you're doing the driving, it's your income. You might be able to get away with it, but if the ATO found out you'd be facing back taxes, interest, and penalties. That'd pretty much wipe out anything you earned from Uber, and it would have been a complete waste of time. How you proceed is your call, but there are certainly risks and consequences involved.



Who is John Galt? said:


> Sure. Why not?
> In actual fact, strictly speaking you don't need an ABN at all.


Why wouldn't he need an ABN?


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## Jack Malarkey

Not legally.


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## Scotsman

I had this discussion with my accountant and he said, yes you can use it but as others are saying there are risks and penalties involved even ATO finds out.

For ATO it's quite easy to figure out. They just need to compare the details they get from Uber with the Name on the ABN/GST registration.


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## whocareaboutPAX

It is best you speak to a tax accountant about this. My knowledge suggests, it is possible. I’m an accountant, however not a tax accountant, but I do my own books. I had to seek independent advice from a tax consultant for a very similar situation about 6 months ago where somebody wanted cash payments with money going into my account. I agreed and then subsequently asked him to give me invoices when his contract expired, something he was obliged to provide. Of course, I conducted my due diligence and noted he had an ABN and was registered for GST, I made a conscious decision to ignore the fact he wanted ‘cash’ knowing he was registered.

In your case however – in order to systematically lower the amount of tax you pay, you would need to pay your wife commissions for doing things such as your bookkeeping, using her car (maybe something to consider) etc. You cannot simply, have the money go into her account and report it as her income. As you conducted the services, it is your income.

Speak to a tax consultant for advice. It is the only way to be sure.


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## lui6155

whocareaboutPAX said:


> In your case however - in order to systematically lower the amount of tax you pay, you would need to pay your wife commissions for doing things such as your bookkeeping, using her car (maybe something to consider) etc. You cannot simply, have the money go into her account and report it as her income. As you conducted the services, it is your income.


For once agree with this self confessed tax evader and yes seek tax advice before rather than after the event ie too late at tax return lodgement time.
Re the use of the wife's car a trick is to enter into an Associate car lease if owned by the wife to legitimately divert income. Its a paper work only exercise sometimes utilised by salary packaging firms.


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## kamalmoussa87

ryanhunt said:


> I work full time and I've been uber driving in the evenings, part time around 10 hours a week. To minimise my tax, was thinking of using my partner's ABN, as she earns less than the tax free threshold each year.
> 
> Is this an option for me?


If you do a separate ABN for partnership with your partner, can you drive Uber using the partnership ABN which will be separate from your personal ABN?


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## Jack Malarkey

kamalmoussa87 said:


> If you do a separate ABN for partnership with your partner, can you drive Uber using the partnership ABN which will be separate from your personal ABN?


Yes, provided you are genuinely carrying on the relevant business in partnership. See:









Partnership


A partnership is a relatively inexpensive business structure to set up and operate, and is commonly used if there is more than one owner of the business.




www.ato.gov.au


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