Deliberately using third element costs for ip?

Discussion in 'Accounting & Tax' started by Trainee, 20th Sep, 2021.

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  1. Trainee

    Trainee Well-Known Member

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    John buys an ip and the property is occupied by his sister Jane.

    Jane receives income from a Testamentary Trust created when their parents died. Jane could use this to pay the rent, but then the income would be in effect double taxed. Rent is roughly the same as the expenses so the after tax benefit to John is low.

    can John not charge Jane rent, and just add the interest, rates, body corp etc to the cost base as a third element cost? Noting John would have to pay for expenses out of after tax dollars, but would have a higher cost base when selling.
     
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  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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  3. Ross Forrester

    Ross Forrester Well-Known Member

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    John can choose to let a family member occupy the property for private reasons.

    The holdings costs will not be tax deductible and will increase the cost base of a property.
     
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  4. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    As a wealth accumulation strategy its not very sound. Its like burning money to save tax in some respects. If you do it make sure NO paymnet is made. That said you can also use the "less rent" strategy. It often helps address cashflow burn.

    eg Market rent is $400pw. You allow you parents to rent it for $200pw. 50% of costs are non-deductible and are third element costs.