4.6.7.110 Notional ordinary income - person's farm used by a family member
Notional ordinary income - person's farm used by family member
Notional ordinary income for a person's farm that is an unrealisable asset is the LOWER of:
- 2.5% of its value, OR
- the commercial lease value (1.1.C.207), OR
- the rent that the family member can reasonably be expected to pay (reasonable rent) MINUS any rent actually received by the person from the family member.
'Reasonable rent' is:
- income for the family member and their partner MINUS the FTB Part A income free area
- DIVIDED BY 2.
Note: Reasonable Rent = (Income - FTB Part A income free area) ÷ 2.
Examples: A person's son and his partner are sole occupants of the farm. The annual net farm income is $25,000. The partner's annual salary is $56,000. Therefore their total income is $81,000. The FTB Part A income free area is, for example, $58,108. Reasonable rent is calculated as ($81,000 - $58,108) ÷ 2 which gives a result of $11,446 in reasonable rent.
- The farm is valued at $550,000. Therefore 2.5% of $550,000 = $13,750.
- The commercial lease value of the farm is $18,000 per annum.
- Reasonable rent is $11,446.
- Therefore notional ordinary income for the property is $11,446.
Act reference: SSAct section 1129 Access to financial hardship rules - pensions, section 1130B Access to financial hardship rules - pension PP (single), section 1131 Access to financial hardship rules - benefits, section 11(1)-'unrealisable asset', section 23(14) For the purposes of this Act other than …, section 8(1)-'income'
FAAct Schedule 1 clause 38N Income free area (Part A)
Policy reference: SS Guide 4.6.7.100 Notional Ordinary Income - Net Value of a Farm
FA Guide 1.1.I.40 Income free area (FTB)