Tax implications associated with housing your family in your Aussie property

STEVE DOUGLAS outlines the tax implications of having members of your family live in your Aussie property

Q Can I claim housing tax benefits if a family member is living in my Aussie property?

 

A Allowing a family member to live in your Aussie property while you’re working overseas provides peace-of-mind. You’re leaving your home to someone you trust, you have a place to stay when you return on short visits and it’s also a way to fulfil family obligations such as supporting your parents or relatives.

     Under Australian tax law, to be eligible to claim any outgoing costs you must receive income on the property. So, if you’re not collecting rent from a relative who is occupying the property, you’re not entitled for any tax deductions. And since interest is usually the biggest cost factor, it’s wise to have a low – or no mortgage – on your property, especially when you receive low or no income from the property.

     If your family members are paying tenants, the Australian Tax Office requires you to declare the true market value of the rental property as income, regardless of what you may decide to charge. So, if the rental is A$100 per week and the true market value is higher, you’ll have to declare the higher income to be eligible to claim any interest or other property costs. The true market value of your property can be determined by a Real Estate Agent.

     Once you’ve established what the true market rental is and the total cost of ownership, it’s worth declaring the property in your tax return only if the costs are greater than the market rental. If it’s less, it’s best to leave the property out of your tax return altogether and treat it as a family arrangement. Regardless of which path you choose, your property will still be subject to Capital Gains Tax upon sale. And if the property is genuinely your parents or relatives’ home, it’s best to transfer the property into their name and make it their principle place of residence. They will then be eligible for the Australian Capital Gains Tax-Free Status. Your decision will be based on a number of factors, so take into consideration level of debt, availability of finance, type of property and family obligation.

     Everyone’s situation is different, so it’s best to seek professional advice to evaluate your best options prior to any contractual commitment. While the Australian Tax Office doesn’t mind you helping your family, it will not subsidise the lower rent you may offer a relative and thus, it’s best to treat the property as a proper commercial environment.

 

This entry was posted by smats on Thu, 21 Jul 2011 06:34:00 GMT and Posted in . You can follow any any response to this entry through the Atom feed. You can leave a comment .
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Australian Tax & Property Advice

With Steve Douglas, specialising in taxation & migration planning

Smats

Profile

Steve Douglas is the co-founder and Managing Director of Australasian Taxation Services (ATS), established in Singapore in 1995. ATS provides specialist taxation services to people of any nationality investing in Australian property, as well as Australian expatriates living overseas. Areas of specialisation include the Australian taxation aspects of property investment, as well as expatriate and migration planning.

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Australasian Taxation
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#07-08 Midlink Plaza

122 Middle Road

Singapore 188973


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Web: www.smats.net 

Email: tax@smats.net