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The ATO is of the view that where amounts are in the form of rent in advance, and non-refundable, the rent is assessable in full on receipt. Only where the rent is fully abatable, it is assessable over the term of the lease.
If the lease agreement contains a clause which indicates that a portion of the rent is refundable if the lease is terminated early, then it may be possible to spread the income over different years.
If the lease agreement does not contain a clause or is silent on the refundable position, then the landlord needs to include the prepaid rental income in their assessable income when it is actually received.
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