Private ruling: Rental - income - boarder - non-commercial arrangement
Date of advice: 2 May 2018
Published: July 2018
Ruling period: Year ended 30 June 20XX | Year ended 30 June 20XX | Year ended 30 June 20XX | Year ended 30 June 20XX
Date scheme commenced: 1 July 20XX

Ruling: Q1: Are the payments you received from renting a room of your property assessable income? | A1: No

Relevant facts and circumstances: You received money from friends who had unrestricted use of a bedroom, main bathroom and second toilet in a 3 bedroom home. The friends had access to all general living areas. The costs of electricity, gas, water use, home telephone and internet were shared equally. The cost of a cleaner, household cleaning products, common food items, new kitchen equipment and utensils were shared. These costs were in additional to their board. Living costs such as food were kept separate. Council and water rates, insurance, repairs and property maintenance were not shared. Mortgage repayments were made by the taxpayer only. The taxpayer did not make any claims for general depreciation or capital allowance. There was no written tenancy agreement, no bond and there was an understanding that the friends could leave at any time, without financial repercussions. The bedrooms were never advertised for rent.

Relevant legislative provisions: Income Tax Assessment Act 1997 subsection 6-5(2) | Income Tax Assessment Act 1997 section 8-1

Reasons for decision: Summary: Taxation Ruling IT 2167 Income Tax: rental properties - non-economic rental, holiday home, share of residence, etc. cases, family trust cases provides guidelines in determining the authenticity or otherwise of rental arrangements, the assessability of receipts derived from various rental arrangements and the deductibility of expenses incurred in connection with a property where the arrangement is not one that is affected at arm’s length. In your situation, the payments you received from your friends are not considered to be assessable rental income since it was a non-arm’s length transaction and were not at a commercial rate of rent. Therefore, the payments received from your friends are not assessable income. In addition, as the arrangement was private in nature, no deductions are allowable under section 8-1 of the ITAA 1997 in respect of losses or outgoings incurred in connection with the property.