Last updated 22 December 2010
The following table summarises the assessable income, and its treatment, for pensioners from a sole trader's business or a partnership [2].
Income Source |
Treatment |
Sole Traders and Partnerships |
|
Rent paid by a business to a pensioner |
Add it to assessable net profit [2] and assess as income on an annual basis. It can be offset against the pensioner's share of the business loss. |
Capital gain or loss on disposal of depreciated assets [2] distributed via the business structure's profit and loss statement |
Do not include when calculating the current rate of assessable income for the business unless it is part of the normal activity of the business. |
Capital gain or loss on disposal of assets not depreciated and distributed via the business structure's profit and loss statement (not including managed investments and shares) from business assets |
Do not include when calculating the current rate of assessable income for the business unless it is part of the normal activity of the business. Example: property developers make their income from capital gain so would have capital gains included in their assessment. |
Capital gain or loss from managed investments and shares |
The net amount must be included as assessable income. |
Capital gain or loss on the sale or winding up of a business |
Do not include in the income assessment as the gain or loss is not directly related to the normal activity of the business. |
Loan interest paid by the business to the owner |
If it is listed as an expense on the profit/loss statement it is allowed as a deduction against business income. No deeming applies. The amount received by the owner, however, is added to the adjusted net business profit. It can be offset against a business loss. |
Income Source |
Treatment |
Sole Traders and Partnerships |
|
Loan interest paid by the business to a third party who is not the owner |
Allowed as a deduction if it is listed as an expense on the profit/loss statement. If the payments are made to a pensioner who does not own the business, the amount received is disregarded as income, and deeming is applied to the investment. |
Petty cash and financial investments used as part of the on-going operations of the business |
Actual income is included as part of the business profit, and no deeming applies. Deductions for investment expenses claimed on the profit/loss statement are allowed. |
Financial investments not used as part of the operations of the business |
|
Income equalisation deposits, farm management deposits, farm management bonds More → [3] |
|
Income Source |
Treatment |
Sole Traders only |
|
Business net profit |
Hold it as assessable income on an annual basis after making adjustments for non-allowable expenses. |
Salary to pensioner from business |
Add it to assessable net profit and assess it as income on an annual basis. It can be offset against the pensioner's share of the business loss. |
Income Source |
Treatment |
Partnerships only |
|
Partner's share of profit |
Hold it as assessable income on an annual basis after making adjustments for non-allowable expenses. |
Salary from partnership |
Add it to assessable net profit and assess it as income on an annual basis. It can be offset against the pensioner's share of the partnership loss. |
The date of effect policy for sole trader and partnership income, where annual reviews are undertaken following the receipt of an income tax return or completed financial statements.
More → [4]
Income Equalisation Deposits
9.5.4/Description - Loans, Bills, Debentures, Notes, Bullion & Equalisation Deposits [5]
For the purposes of income and assets assessment, a partnership is the relationship which exists between people carrying on business in common, with a view to making a profit. A partnership agreement may be oral OR written. The business may be run:
The business is not a separate legal entity, which means that although the partnership lodges a tax return, the profit or income is assessable in the hands of the individual partners.
Each partner:
Profit, for a business, is the amount of earnings in excess of its expenses over 12 months.
An asset means any property, including property outside Australia.
Links
[1] https://clik.dva.gov.au/user/login?destination=node/16397%23comment-form
[2] https://clik.dva.gov.au/%23
[3] https://clik.dva.gov.au/book/export/html/16397#tgt-cspol_part10_ftn363
[4] https://clik.dva.gov.au/book/export/html/16397#tgt-cspol_part10_ftn364
[5] clik://CSPOL/9.5.4/Description - Loans, Bills, Debentures, Notes, Bullion & Equalisation Deposits
[6] https://clik.dva.gov.au/book/export/html/16397#ref-cspol_part10_ftn363
[7] https://clik.dva.gov.au/compensation-and-support-policy-library/part-11-administration-payments/111-income-support-effective-dates-and-pension-periods/1114-determining-effective-dates-variations-and-terminations/date-effect-annual-reviews
[8] https://clik.dva.gov.au/book/export/html/16397#ref-cspol_part10_ftn364