All Topics / Help Needed! / Whats classes a tenant as a renter, a border/lodger for tax purposes

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  • Profile photo of propertymistropropertymistro
    Member
    @propertymistro
    Join Date: 2010
    Post Count: 64

    I live in my property (this is my only property) and I want to know what seperates someone from being a tenant, a border/lodger for tax reasons?  For example if some pays bond and lives with me can I still class them as a border/lodger as this is still my place of resisdence? Or can I not get a bond from a border? Thanks for your replies. Have a great day!

    Profile photo of ALF1ALF1
    Participant
    @alf1
    Join Date: 2011
    Post Count: 237

    G'day Property Mistro!
    Normally, if you are sub-letting out part of YOUR home, then your tenant is classed as a boarder and not a tenant unless, you require a fixed term tenancy of no less than 12 months. You are fully entitled to collect from a boarder a bond and have them pay so many weeks in advance. It is usually best to draft at least a basic tenancy document outlining what the boarder can and cannot do.
    I hope this has been of benefit to you.
    Kind regards,

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
    Post Count: 16,213

    I think the definition of a boarder, from a tax perspective, is one that you charge only for the amount of money they use such as meals, electricity etc. If you charge over and above this then you would be making an income and would need to declare it.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

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

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    Terryw wrote:
    I think the definition of a boarder, from a tax perspective, is one that you charge only for the amount of money they use such as meals, electricity etc. If you charge over and above this then you would be making an income and would need to declare it.

    see para 17 of TR 2167
    http://law.ato.gov.au/atolaw/view.htm?docid=ITR/IT2167/NAT/ATO/00001

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

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

    Profile photo of propertymistropropertymistro
    Member
    @propertymistro
    Join Date: 2010
    Post Count: 64

    Awesome help all, thankyou you very much!!!!

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