Commentary

B6.746 ATED—property rental businesses

Business tax
Business tax | Commentary

B6.746 ATED—property rental businesses

Business tax | Commentary

B6.746 ATED—property rental businesses

Relief is available for a property rental business both in cases where a property is actually being let and also where preparatory steps are being taken for it to be let in the future, provided certain conditions are met.

Relief is available from ATED (ie a day is a relievable day) where a single-dwelling interest1:

  1.  

    (a)     is being exploited as a source of rents or other receipts (other than 'excluded rents') in a 'qualifying property rental business' carried on by a person beneficially entitled to the interest, or

  2.  

    (b)     is not currently generating receipts but steps are being taken to secure that the interest will, 'without undue delay', be so exploited in a qualifying property rental business that is being carried on, or is to be carried on, by a person beneficially entitled to the interest

Relief under (b) can provide relief in situations prior to first occupation or for periods in between tenants.

A day is not a relievable day, either under the above rule or those described in B6.747, if a 'non-qualifying individual' (see below) is permitted to occupy the dwelling on that day2.

Qualifying property rental business

'Qualifying property rental business' means a property rental business that is run on a commercial basis and with a view to profit3. A business is a 'property rental business' if it is a property business as defined in CTA 2009 (ss 203–208) Pt 4 Ch 2 (see Division B6.2), but4:

  1.  

    (i)     the question whether or not a business is

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