Tax Deductions For Rental Properties Firstly the property must be for income
producing purposes. If not apportionment will be applicable which is based on floor area if some of the area is personal.
If however, the entire purpose changes then it is apportioned on a time basis.
Once we know if we are entitled to a deduction
and how much of a deduction we are entitled to it is simply a matter of when it can be claimed. Expenses may be claimed from
the date the property first became available for rent. Prior to that only interest, rates and insurance are deductible.
Acquisition & Disposal Cost
You cannot claim a deduction for the costs of
acquiring or disposing of your rental property.
These types of expenses are capital in nature and go to the cost
of the property and include:
•conveyance costs,
•advertising,
•agent
commission,
•legal fees and stamp
duty on the purchase and sale and
•travel
expenses.
Advertising for Tenants This is a claimable expense if you advertise for tenants. The cost
of advertising for the "sale of a property" is a capital expense and therefore can not be deducted, but records
should be kept as it will affect the cost base of the property on disposal and will be needed for capital gains tax purposes.
Body Corporate Fees/Strata Title Fees These are most commonly paid quarterly and cover the running costs
of the building. It covers repairs, insurance, gardening, communal lighting, pest control etc. This is a deductible expense.
Borrowing Expenses These are costs associated with borrowing the money required to purchase the property
and although are not deductible upfront, they are deductible over the shorter of either the period of the loan or five years.
Borrowing expenses include mortgage insurance,
title search fees, registration of mortgage, stamp duty on mortgage and loan establishment fees.
Capital Works This deduction is known as the "special building write off" and is based on the actual cost of construction
to the owner.
This is broken up into
three categories, specifically building, structural improvements and environment protection earthworks.
Building Construction Costs include: •Engineering
•Drafting
•Architects
fees
•Surveyor fees
•Foundation and excavation costs
•Building fees (cost associated with obtaining
the necessary approvals from relevant authorities)
Building Construction
costs exclude: •Expenditure
on acquiring land
•Expenditure
on demolishing existing structure
•Expenditure
on clearing, leveling, filling, draining, or otherwise preparing the construction site prior to carrying out excavation works
•Expenditure on landscaping
•Expenditure on plant
•Profit by the builder
Where a new owner is unable to determine the construction cost associated with the building,
an estimate provided by a qualified person may be used.
Appropriate qualified
people include: •A
clerk of works, such as a project organizer for major building projects
•A supervising architect who approves payments at stages of projects
•A builder who is experienced in estimating
construction costs of similar building projects
•A quantity surveyor - the most common
Structural Improvements
These include extensions,
alterations and improvements constructed after 26 February 1992. Other examples of these include:
•Sealed roads
•Driveways
•Car parks
•Retaining
walls
•Fences and gates
Environment Protection Earthworks
Generally not applicable to residential properties.
Cleaning This is deductible and includes internal and external cleaning. Landlords who do
the cleaning themselves can only claim the cost of materials NOT their own labour.
Commissions & Management Fees Commissions and management fees are deductible and are usually charged as a percentage of rent, however,
the commission or fee on sale is not deductible, but is counted as a capital expense, and adds to the cost base.
Depreciation This essentially is a deduction for the cost of furniture, fixtures and fittings based on the assets effective life
stipulated in Depreciation Schedules.
Electricity/Gas
This is a deductible expense that may be subject
to apportionment if the entire property is not used for income producing activity.
Gardening & Yard Work This deductible and includes dump fees, mower expense, tree lopping, replacement garden tools, fertilizers, sprays
and replacement plants.
Insurance Insurance on building, contents, public liability and landlord insurance
which cover default rent is deductible.
Mortgage
insurance is not immediately claimable but is amortized/depreciated over time as part of borrowing expenses.
Interest Interest on a loan to purchase, build, improve or repair is deductible. The purpose of the loan is very important;
it should be used for income producing purposes.
Land Tax
Land tax is a deductible expense. The amount
varies according to the tax in each state.
Lease Expense
This includes the preparation, registration
& stamp duty on the lease and these are deductible expenses.
Legal
Expenses This is usually
incurred when tenants default on rent. These include filing fees to the small claims tribunal (up to $5000) and other court
costs associates with Magistrates Court.
Legal
expenses incurred in purchasing the property are NOT deductible. This is a capital expense and will effect the cost base of
the property.
Management Fees Commissions paid to agents.
Office Supplies Stationery, rent books, incidentals, postage and the business percentage of a computer etc are deductible.
Pest Control This is a deductible expense and includes payments to contractors and purchase of sprays etc.
Rates This includes council, water and sewerage and is deductible. There will be an adjustment on the sale or purchase
of a property for the time apportionment relating to your ownership as well and this must be taken into account.
Repairs "Repairing" is restoring the item to the condition it was in before it deteriorated without changing its
essential character.
If you "replace"
an item with similar parts/materials then it is also a repair even though you repair the entire item.
If the item is "repaired" with improved parts/materials,
which will improve the function of the item or extend its life then it would be considered as an improvement and need to be
included as a new asset.
Initial Repair Rule: Repairs undertaken within 12 months of the purchase
will not be allowed as a deduction.
These
non-allowable deduction details should be kept as they will increase the cost base of the property on disposal and will be
needed for capital gains calculations. (Law Shipping Co v IRC (1923) and W Thomas & Co Pty Ltd v FCT.)
Repairs at the end of the tenancy Any painting or cleaning or other repairs will be allowable to return the property
to the condition it was in before it was rented.
This is allowable even if the property is reverted to private use as long as the expense is incurred in the year
of income.
Telephone Expenses Calls made to tenant, agent or for arranging repairs, etc are deductible
expenses. A diary should be kept to detail this expense.
Travel Travel
is deductible if used for the collection of rent, repairs, inspections and preparing the property for incoming tenants.
Included are motor vehicle travel and airline travel
as well as accommodation, car hire and meals. If the rental property is in a different town to taxpayer's residence travel
must be pro-rated on the number of days spent on actual rental business.
Travel expenses incurred in purchasing and selling a property are of a capital nature
and therefore NOT deductible.