| Disclaimer This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law. You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4. |
Edited version of your private ruling
Authorisation Number: 1012335196642
This edited version of your ruling will be published in the public register of private binding rulings after 28 days from the issue date of the ruling. The attached private rulings fact sheet has more information.
Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet.
Ruling
Subject: Income - Home stay arrangements
Question:
Are the payments made to you by student lodgers in respect of accommodation, food and other expenses assessable income?
Answer:
No
This ruling applies for the following periods
Year ended 30 June 2011
Year ended 30 June 2012
Year ending 30 June 2013
Year ending 30 June 2014
Year ending 30 June 2015
The scheme commences on
1 July 2010
Relevant facts and circumstances
You have been providing accommodation to students for several years.
You have a number of students at any one time who are with you for periods of months
The current payment is set by an agency and you receive an amount per week from each student. This payment covers the room, three meals per day, electricity, gas, water, any breakages and sometimes laundering of their clothes.
The amount you receive basically covers the expenses of having the students stay with you.
Relevant legislative provisions
Income Tax Assessment Act 1997 Section 6-5.
Reasons for decision
Section 6-5 of the Income Tax Assessment Act 1997 (ITAA 1997) provides that the assessable income of an Australian resident includes all ordinary income derived directly or indirectly from all sources.
Rental income is normally regarded as ordinary income and therefore forms part of the taxpayer's assessable income. However, where there is a non-commercial or domestic arrangement, amounts paid for board or lodging do not give rise to the derivation of assessable income (FC of T v. Groser 82 ATC 4478; 13 ATR 445).
Taxation Ruling IT 2167 considers the consequences of different rental income producing situations. Paragraph 18 of IT 2167 states that:
'Situations arise where the owner of a residence permits persons to share the residence on the basis that all the occupants, including the owner, bear an appropriate proportion of the costs actually incurred on food, electricity etc. Arrangements of this nature are not considered to confer any benefit on the owner. There is no assessable income and the question of allowable deductions does not arise.'
In your case, the amounts you receive are made in relation to a non-commercial or domestic arrangement. The amounts are set with regard to the normal cost of supplying food, utilities and overheads for the students. These rates are not regarded as true commercial rates and there is no built-in benefit component to you for the use of parts of your house. It is therefore not assessable income under section 6-5 of the ITAA 1997. Consequently, no expenditure incurred in earning that income is deductible.