All Topics / Legal & Accounting / cheap rent when renting from myself

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  • Profile photo of giddogiddo
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    @giddo
    Join Date: 2005
    Post Count: 152

    I rent my PPOR from the family company.
    As such, I need to pay a market rent to the company for the house.
    I have just got out my tape measure and discovered that 35% of my PPOR is cluttered up with stuff owned by the company e.g. office space, storage space, reception area.

    This means that in fact I am only renting 65% of what is there, as the company occupies the rest.

    Should I be able to reduce my rent by 35% ??

    How should I document this for tax people?

    Should I get an assessment of rent from REA or a QS/

    If I can reduce my rent this will benefit me because I can then reduce my salary from the family company. Then I will save tax and also the company will save paying GST on the extra rent.

    Hope this isn’t confusing?
    Need a bitta help with this…[confused2][confused2]

    Giddo
    http://www.standrewsplace.com.au

    KNOWLEDGE IS POWER

    Profile photo of XeniaXenia
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    @xenia
    Join Date: 2002
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    I could guess, but I wouldn’t dare[confused2]!

    Interesting post, but definately one for the accountants on the forum!

    We buy properties in Adelaide. No Agent Fees.
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    Profile photo of hbhb
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    @hb
    Join Date: 2005
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    interesting
    why not pay $0 rent
    then all you to do is pay the FBT
    save on GST

    Profile photo of MITMIT
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    @millionaire-in-training
    Join Date: 2004
    Post Count: 154

    An interesting ? and one I posed to my accountant recently. He seems to think I can claim around 10% for my company / trust to occupy. Maybe I can make it more if I include rooms for meeting with agents etc.

    I do know from a fellow I have been involved with that you may need to make your lounge room etc look like an office, right furnitute etc and with the right exits needed for security reasons that it is possible to claim more.

    I guess it just comes down to being able to demonstrate it and justify it.

    Good luck

    Sue

    MIT | Owen Real Estate
    Email Me

    Profile photo of TerrywTerryw
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    @terryw
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    Horwath’s Tax Telegraph January 30, 2006 newsletter contains a bit on owning your home via a company.

    I could forward a copy to you if needed.

    Terryw
    Discover Home Loans
    Parramatta
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    Sign up to my mailing list.
    Just send me a blank email, with “subscribe” in subject line.

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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of hbhb
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    @hb
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    sounds good, millionintraining

    i assume your using your PPOR for your company to use a small office in…right

    well don’t forget the other end…
    what other end?

    once you start claiming a tax deduction….all those 101010101010101010010101001 (digital data)(tax deductions) entres the ATO database.

    so when you sell your PPOR…guess what….
    up come all the 101010101010101010010101001
    and there we have it
    CGT on a % of you’ve PPOR…

    taxes….helps pay for the PMs new 737, flying around the country

    Profile photo of giddogiddo
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    @giddo
    Join Date: 2005
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    Thanks HB that sounds like a good idea to me.

    TerryW thank you for the offer I might just take you up on it please.
    Sounds a little different to what I am doing currently but hey I am willing to change the arrangements if I can get a benefit.[rolleyesanim]

    At the moment I own nothing.
    My company owns all.
    Any other ideas anyone??
    I am not about to unwind all the ownership arrangements if any of you cheeky people are thinking about advising me to do that!
    Thanks again

    Any other ideas?[party]

    Giddo
    http://www.standrewsplace.com.au

    KNOWLEDGE IS POWER

    Profile photo of Harley2Harley2
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    @harley2
    Join Date: 2005
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    Terryw,
    Don’t they say the two certainties in life are Death and Taxes?
    There’s got to be a way!
    There has got to be some way!!
    The Bahamas or something?
    They say Kerry Packer almost did it! – I wonder what he did?
    I wonder if he left a note or something.
    Maybe an arrow saying “This Way I can’t find the up arrow “[puke]

    Harley

    Profile photo of redwingredwing
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    @redwing
    Join Date: 2003
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    Originally posted by hb:

    sounds good, millionintraining

    i assume your using your PPOR for your company to use a small office in…right

    well don’t forget the other end…
    what other end?

    once you start claiming a tax deduction….all those 101010101010101010010101001 (digital data)(tax deductions) entres the ATO database.

    so when you sell your PPOR…guess what….
    up come all the 101010101010101010010101001
    and there we have it
    CGT on a % of you’ve PPOR…

    taxes….helps pay for the PMs new 737, flying around the country

    He doesnt own the PPoR though Hb, a company he happens to work for does, he’s just a tenant?

    50% reduction on CGT after 12 months..plus if a trust is involved, CGT can be allocated to best suit the situation of the beneficiaries..

    Best Option, dont sell it (0% CGT) but use the equity gained after some years to purchase another IP for the company and rent the previous IP (PPoR) to another tenant ?

    “Money is a currency, like electricity and it requires momentum to make it Effective”
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    Profile photo of hbhb
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    @hb
    Join Date: 2005
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    sorry redwing
    but the way i read millionintrainings question is:
    I iposed to my accountant recently. He seems to think I can claim around 10% for my company / trust to occupy. Maybe I can make it more if I include rooms for meeting with agents etc.

    the key words here are

    “here thinks i can claim around 10% for my company to occupy”

    now that suggests to me that the property is his PPOR and he is trying to claim 10% usage for his company.
    because, if the company owned the property…the question would be irrelevant…
    why…the company owes the property outright…claims 100% costs

    Did i read it right or am i just dyslectic

    Profile photo of redwingredwing
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    @redwing
    Join Date: 2003
    Post Count: 2,733
    Originally posted by giddo:

    I rent my PPOR from the family company.
    As such, I need to pay a market rent to the company for the house.
    I

    You may be right, I took it as he (Giddo) rented it from the company..it is his PPoR but he doesnt own it?

    I wasnt looking at M.I.T’s post and seem to have got confused between posts, not trying to argue, just trying to understand mind you as I find it all interesting

    “Money is a currency, like electricity and it requires momentum to make it Effective”
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    Profile photo of giddogiddo
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    @giddo
    Join Date: 2005
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    YEP,
    You guys are right…

    I rent the home from my own company (half owned with my wife actually)

    Need to pay market rent to my own co.
    I also draw a small salary from my own company.

    The best suggestion I have heard so far is to pay o rent and then pay FB tax. Thank you hb.

    I would like to reduce the rent however as it s after tax dollars and on top of that my company pays GST on all income.
    The company actually takes up 35% of my rented home but I am still paying full market rent on it.
    Sorry for the confusion…… Does this make any sense.

    Giddo
    http://www.standrewsplace.com.au

    KNOWLEDGE IS POWER

    Profile photo of hbhb
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    @hb
    Join Date: 2005
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    Giddo
    If your close to retirement the company owning the PPOR can be beneficial…
    But generelly its a Dumb idea..
    i’ll let the expert / guru Ed Chan
    explain
    “We never purchase a property in a company because when you come to sell the property you miss out on the 50% exemption for capital gains tax and also if the property was negatively geared the losses would also be trapped inside a Company.”

    There’s a spreedsheet floating around that shows the result (PROFITS) obtained holding a asset as an Individual, A Company, A Fixed Trust and a Non Fixed Trust..
    and guess who came our the winner….

    and who’s gonna be a bigger winner, when the new tax rate comes in july1 2006

    Profile photo of giddogiddo
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    @giddo
    Join Date: 2005
    Post Count: 152

    Yeh HB

    Your name reminds me of a type of pencil I would use at school 45 years ago.
    Are you thin?

    You are right – I should have set up my affairs a bit differently.
    However on the bright side I am 50 now and intend to keep the assett till I am over 55 at least. This allows me to put an amount equivelent to CGT into super which would help a bit.

    I reckon I was given poor advice by my accountant and he should be given a severe beating!
    He gains more by me owning a company, with higher costs for accountancy each year.

    My current problem however is how to do the best I can given my current situation. It is far too expensive to unwind everything now.

    Any further ideas?[blush2]

    Giddo
    http://www.standrewsplace.com.au

    KNOWLEDGE IS POWER

    Profile photo of hbhb
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    @hb
    Join Date: 2005
    Post Count: 179

    sorry giddo
    im just about to retire 55
    so as one dummy to another we did similar things
    didn’t quite put the PPOr in a company thou
    so does that me a cleverer dummy?

    the clever one’s where the accountants and tax laywers that got us involved in all those schemes over the last 30 years

    i’m just about to sell the business, and eventhou it was established pre CGT, my new accountants tell me
    “there will be some taxes to pay………”

    what?

    just give whats left….i’m going fishing……

    Profile photo of haddo59haddo59
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    @haddo59
    Join Date: 2003
    Post Count: 6

    Hi Giddo,

    I haven’t been in the commercial acctg world for a few years now & never been a public acct but your posting raises a few questions & hopefully I can give some useful suggestions. They’re only rough because I’m going from memory & haven’t looked up any references so don’t take them all as 100% gospel.

    You won’t get any CGT discount because the house is owned by the coy & coys don’t get any CGT benefits unless it is on the sale of the company & it’s assets upon retirement & they are rolled over into another business or super’n investment. If you try to sell the house to yourself the ATO may dig to make sure it’s an arms length commercial transaction (don’t forget legal & stamp duty either). A valuation with a low result would be helpful & I’m sure a valuer would help without doing anything to get the ATO offside.

    Dividends to reduce the net result to $0 for the year of sale may be worth looking at if you want to sell to yourself. Don’t forget the GCT action is the contract date, not settlement date.

    I’m also curious about the charging of GST on a residential property. My understanding is that residential rentals don’t have GST applied even though the landlord is a company, it’s classified as being input taxed (unless it’s a short term accommodation such as hotel; a caravan park or similar). This will restrict the GST ITC’s the company can claim. Commercial rentals on the other hand do have GST applied so it would be worth investigating this with your accountant further.

    All non-capital expenses incl GST are claimable by the coy in it’s tax return if ITC’s can’t be claimed. It may be possible, not very likely though, for the coy to make an adjustment claim for the overpaid GST but that will depend on whether it has been identified as GST on the tax invoices/receipts issued as well as a few other things.

    You may be able to claim home office deductions in your tax return – another question for your accountant. It will depend on whether the coy provides office space and whether you are merely using home for convenience, the amount of work carried out, how the office is set up, whether the coy pays any of the outgoings, etc. The estimate can be floor space ratio or number of rooms for the rent & either of these or some other method that’s reasonable for other outgoings.

    Don’t forget with the FBT option that it is charged at 48.5% so for example if the rent is $10k p.a you will be paying about the same amount in FBT, a total cost of approx 20k to the coy (pre-tax). Again get your acct to check out the best option. The coy tax rate is 30% & the top personal marginal rate (>95k) 48.5% incl m/c.

    Your acct is going to be your best source of info but if you’re not confident in their ability change to somebody else just like you’d change banks or mechanics.

    Cheerz

    Profile photo of giddogiddo
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    @giddo
    Join Date: 2005
    Post Count: 152

    Hi HB and DLHadden,

    Thanks for your replies; especially yours DL which was info packed .
    My home is part of a short term accomm complex and so GSt is collected.(and claimed) see our website.
    I have been thinking about the future lately and this is part of the planning.
    There would be a good sized CGT bill if we sold the whole thing.
    I have just about decided to try to keep the assett and lease it out for someone else to run.

    Still thinking about it.
    Enjoy the fishing HB. Good Luck.[happy3]

    Giddo
    http://www.standrewsplace.com.au

    KNOWLEDGE IS POWER

    Profile photo of hbhb
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    @hb
    Join Date: 2005
    Post Count: 179

    hi DLhadden
    thanks for the info
    but, even thou the GST and FBT questions are important, i guess the big picture question would be…”what happens at the end?”
    if the property is sold, rolling over into another business or super (probably super, at giddo stage in life)…..
    where would he live?
    remember his PPOR is now sold, and the money is captured within the company?
    if he rolls the sale into super, at the age of 55 he has acess to the 1st 130k tax free, and then the remained is drip fed, tax free, at a min and max rate over a lifetime.
    if he wants to withdraw above the set amounts, then tax is payable.

    or
    if if its rolled over into another company…..what happens?
    does it comes in as profit (to new company),then would 30% tax have to be paid ?
    Is CGT tax bypassed completely , and instead, a 30% tax on profit?
    then would the money stay within the company, until you can capatalize on the benefits from the franking tax …say when you retire?
    Lastly…how do i buy another PPOR?

    thanks

    Profile photo of MITMIT
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    @millionaire-in-training
    Join Date: 2004
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    Hi All

    My ? to the accountant was not realted in anyway shape or form to a PPOR as I divested myself of that 18months ago when I got divorced.

    The 10% referred to by my accountant is a conservative figure as my compnay is only in the busiiess of real estate investing as a trustee for my unit trust nothing else and actually hasn’t started trading in anything just at this point in time, hence the accountant conservative approach.

    I would be paying market rent for the property and claiming 10% back through my accountant.

    That is as I understand it anyhow. Any other ideas?

    Oh and by the way I am a she not a he <lol>

    Sue

    MIT | Owen Real Estate
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