Questions about free rent to friends in PPOR for one year

Discussion in 'Legal Issues' started by Minty, 2nd Oct, 2019.

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  1. Minty

    Minty Member

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    Hi guys,
    I got a question about free rent a room to my friends for one year. They didn’t pay anything ( including rent, bill, food) and they usually eat outside. Recently, they would like me to have a paper prove said they are living in my house with zero payment. They will give the prove to government. My question is what is the relationship between us? Is that tenant? Boarder or lodger? I did not make any profits. But will it generate GST issues, other tax issue or legal issues if they said they live in our house for one year? This house is a PPOR and we have been living here since we bought it until now.
     
  2. Archaon

    Archaon Well-Known Member

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    You're a good friend to allow them to use your internet/water/electricity/roof for 12months without asking anything in return, why is it they need documentation to prove this?
     
  3. Terry_w

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

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    In Ye v Fung [2006] NSWSC 243 the guy claimed that he was defacto spouse after the death of the other - I forget who was who. Tried to make a claim on the deceased estate.

    All sorts of claims are possible.
     
  4. Minty

    Minty Member

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    They will buy their first property to get the subsidy government. And they need to prove that they live in a place that not owned by them
     
  5. Minty

    Minty Member

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    Thank you so much. I will look for that case cause I am not sure whether can be used in my case
     
  6. Joynz

    Joynz Well-Known Member

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    I think it is incorrect to even use the term ‘free rent’.

    They were staying with you as visitors/friends not actually renting or boarding.
     
  7. Minty

    Minty Member

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    Thank you for your reply. Do you think there will be GST issues if my friends staying with me?
     
  8. Joynz

    Joynz Well-Known Member

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    No.
     
  9. Minty

    Minty Member

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    thax
     
  10. Paul@PAS

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

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    You are free to offer use of your home as you wish and it has no impacts for tax. However for legal reasons it may be wise to have a written agreement that confirms that nothing is being charged excepting some minor and occasional private contributions to costs from time to time. It should indicate you are providing free rooming to assist them for a temporary period and indicate the estimated end date.

    I believe the modern words for this is "couch-surfing" but in my old aussie interpretation it could be called "free-loading".
     
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  11. significance

    significance Well-Known Member

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    If they have registered the address on their drivers licenses or on the electoral role, that should be sufficient proof of address, and a title search will prove that they do not own the property.
     
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