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There are some common mistakes made in claiming rental property agent fees and commissions. Getting it right when you prepare these claims saves you time later. It could also reduce the chance that your clients’ returns are selected for audit or review.
What are property agent fees and commissions? These are fees such as regular management fees or commissions paid to a property agent or real estate agent for managing, inspecting or collecting rent for the rental property on behalf of the owner. Three common mistakes ■■ Claiming commissions or other costs paid to a real estate agent or other person for the sale or disposal of a rental property. ■■ Claiming fees paid to any entity or person engaged to find a suitable rental property to purchase. ■■ Incorrect labelling of management fees, which include a number of expenses rolled into the one amount – for example, management fees that also include cleaning costs. Getting it right Examples Commission on sales Mia sells her rental property and pays an agent sales commission of $9,800. As this commission is charged on the sale of the property, Mia can’t claim a deduction for this expense as a property agent fee or commission. However, Mia can add $9,800 to her cost base, which she uses to work out the capital gain or loss when she sells the property. Agent fees for finding a rental property ABC Enterprises is a specialist company that finds investors suitable rental properties to purchase. Mark sees one of ABC’s ads in the paper and decides to engage them to find him a rental property. ABC charges Mark $1,200 for services for the property they find, which he subsequently purchases. Mark cannot claim the fee he pays to ABC as a property agent fee or commission deduction. However, Mark can add this $1,200 expense to his cost base, which he uses to work out the capital gain or loss when he sells the property. Apart from management fees, agent fees or commissions sometimes include other expenses relating to a rental property, including cleaning or repair costs. If this is the case, rental property owners should ask their property agent to itemise the various expenses. Separating management fee amounts on a monthly/annual statement De Anna’s monthly statement from XYZ Realty for ‘agent commissions’ includes a component for managing her holiday letting on her behalf and also for the cleaning costs of her unit after holiday makers vacate. To correctly claim her rental property deduction, De Anna should ask her property manager to itemise the agent commission amount to show the management fee and cleaning cost separately. She can claim the management fees as a deduction at the property agent fees or commissions label of her rental schedule. However, she must claim the cleaning expenses separately at the cleaning expenses label. Property or agent fees can only be claimed if they are paid to a legitimate entity or person who is genuinely managing the rental property. The best evidence your clients can keep are their statements from their property agent.
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