Payment & Tax as a property Manager

Discussion in 'Airbnb & Short Term Letting' started by Wina, 7th Apr, 2017.

Join Australia's most dynamic and respected property investment community
  1. Wina

    Wina New Member

    Joined:
    7th Apr, 2017
    Posts:
    4
    Location:
    Bruny Island
    Hi,

    I recently manage a holiday home letting and I'm kinda new to this management service.
    So I thought I put it here and ask the experts.

    With this property, I only manage as in exclusive marketing. The owner want all payment goes to his Bank account and he doesn't want to use paypal as payment gateway. So I use other payment gateway.
    My question: If I handle the payment use my personal paypal, then paypal send to my personal bank account, and I send to owner's Bank account, will the tax officer taxed me the whole income that get paid from paypal/ customers? even I then send most of the funds to owner's Bank account?

    Thank you.
     
  2. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    Are you required to use a statutory real estate trust account?
     
  3. Ross Forrester

    Ross Forrester Well-Known Member

    Joined:
    30th Oct, 2016
    Posts:
    2,085
    Location:
    Perth, Western Australia
    If you receipt cash on behalf of another person who is generating income: you do not pay tax on that income. It is income of the other person and they pay tax on that income.

    The simple act of you receipting with the cash in the capacity as trustee does not change who is deriving the income (the other person).

    So in answer to your question: no.

    The above point regarding your ability to do what is proposed (from @Scott No Mates) needs consideration.
     
  4. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,991
    Location:
    Australia wide
    And do you hold a real estate licence?
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    27,248
    Location:
    Sydney or NSW or Australia
    You can't open the statutory account without putting in your licence details
     
  6. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,991
    Location:
    Australia wide
    Yes but it sounds like the poster is not an agent.
     
  7. Wina

    Wina New Member

    Joined:
    7th Apr, 2017
    Posts:
    4
    Location:
    Bruny Island
    Hi, thanks for the feedback
    No, I'm not property agent.
    What I do is specialist in digital and online marketing services and Branding. In this case the property owner wants me to handle bookings and payments from guest.
    As I'm doing marketing for holiday rental house.

    My next question is, what do I need to set up a Management & Marketing services for holiday rentals?

    Thank you so much
    Wina
     
  8. Lil Skater

    Lil Skater Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    1,109
    Location:
    Melbourne
    Are you running a digital platform such as Stayz, Airbnb, Wotif etc? Or are you acting as their agent?

    Your post isn't clear, but if you will be managing the property I'm 99% certain that you will need to hold a real estate agent licence regardless of the state you're in and set up the appropriate trust accounts, with the appropriate systems for the job.
     
  9. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,991
    Location:
    Australia wide
  10. Wina

    Wina New Member

    Joined:
    7th Apr, 2017
    Posts:
    4
    Location:
    Bruny Island
    I'm using such Airbnb, stayz as the online booking operator. In this case I'm the property Manager for online only.

    I have someone else managing the property doing such the operational and guest relation.
    My part only online marketing include listing properties on OTA.

    In this case on agreement I will be running as "Exclusive Marketing services" and not Exclusive Management Services.

    Thank you for the comments. Really appreciated
     
  11. thatbum

    thatbum Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    5,850
    Location:
    Perth, WA
    It appears you take money from guests or prospective guests as part of your services. That rings alarm bells for me in terms of whether you need a real estate agent license.

    Are you not worried?
     
  12. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,991
    Location:
    Australia wide
    Do you do any of the following:
    "real estate agent" means a person (whether or not the person carries on any other business) who, for reward (whether monetary or otherwise), carries on business as an auctioneer of land or as an agent:
    (a) for a real estate transaction, or
    (b) for inducing or attempting to induce or negotiating with a view to inducing any person to enter into, or to make or accept an offer to enter into, a real estate transaction or a contract for a real estate transaction, or
    (c) for the introduction, or arranging for the introduction, of a prospective purchaser, lessee or licensee of land to another licensed agent or to the owner, or the agent of the owner, of land, or
    (d) collecting rents payable in respect of any lease of land and otherwise providing property management services in respect of the leasing of any land, or (e) for any other activity in connection with land that is prescribed by the regulations for the purposes of this definition,
     
  13. Wina

    Wina New Member

    Joined:
    7th Apr, 2017
    Posts:
    4
    Location:
    Bruny Island
    Great to see some good feedback.
    Thanks all.
    I should look into it further details.

    Thanks again
     
    Terry_w likes this.