Private ruling: Business and property investment
Published: April 2015
Ruling period: Year ended 30 June 2014 | Year ending 30 June 2015
Date scheme commenced: 1 July 2013

Ruling: Q1: Are you carrying on a business of renting properties? | A1: Yes.

Relevant facts and circumstances: Partner 1 and partner 2 own a significant number of residential apartments that are leased to residents mostly on a short term basis. Partner 1 and partner 2 also own a small number of commercial properties which are leased. Partner 1 manages, maintains and repairs the apartments and commercial properties on a full time basis and lives on the income generated from these activities.

Relevant legislative provisions: Income Tax Assessment Act 1997 995-1.

Reasons for decision: Summary: Weighing the factors provided in Taxation Ruling TR 97/11 Income tax: am I carrying on a business of primary production and Taxation Ruling IT 2423 Withholding tax: Whether rental income constitutes proceeds of business - permanent establishment - deduction for interest against your circumstances, the Commissioner is satisfied that you are carrying on a business of renting properties. | Detailed Reasoning - Detailed reasoning: The question of whether a business is being carried on is a question of fact and degree. The courts have developed a series of indicators that are applied to determine the matter on the particular facts. TR 97/11 provides the Commissioners view of the factors used to determine if a taxpayer is in business for tax purposes. No one indicator is decisive. The indicators must be considered in combination and as a whole. Whether a 'business' is carried on depends on the large or general impression. IT 2423 considers when renting properties constitutes a business for tax purposes. The conclusion that an individual is carrying on a business of letting property largely depends upon the scale of operations. An individual who derives income from the rent of one or two residential properties would not normally be thought of as carrying on a business. On the other hand if rent was derived from a number of properties and management of those properties was handled by the taxpayer it would indicate the existence of a business. | Detailed Reasoning - Application to your circumstances: In your case, you derive rental income from a significant number of properties (residential apartments and commercial properties). As you perform most of the activities required to manage, maintain and repair the properties, the scale of your activities adds weight to the overall impression that you are carrying on a business. Accordingly, the Commissioner considers you are carrying on a business of renting properties.