Tax Deductable Expenses - Investment Properties

Hi All,

I know these two questions are for an accountant but was wondering if anyone who have/had investment properties claimed the below expenses for tax purposes

1) Economic Costs to break your fixed loans and
2) Costs to obtain a planning permit for construction of 3 townhouses (Can these be claimed in the same year when the expenses were paid or can be claimed when the construction is finalised - Note the property is in individual name)

Thanks

Comments

  • how about changing the cooktop ($500), and then whole hot water system ($2,500)
    depreciate them for how many years ? or give to the depreciator so they can add it to the report?

    • +1

      Search TR2021/3 at the ATO for list of effectively life.

  • +4

    Economic Costs to break your fixed loans

    Yes

    Costs to obtain a planning permit for construction of 3 townhouses

    Are you planning to sell them? If you are then you would claim them as a developer. If not then it's a capital expense and can't be immediately deducted but will add to the cost base of the property.

    • Thank you - This makes sense :)

      • Are you planning to sell?

        • Not sure to be honest - with rising construction costs we are still deciding. May just sell with plans and permits

          • +2

            @niish150887: Do get advice. If you have a profit making motive you could be up for GST and lose your 50% discount. Just as an FYI…

            • +1

              @bemybubble: Correct. OP might get professional advice to set themselves up as a charity.

            • @bemybubble: If you don’t mind sharing, what’s the reasoning here?

              • @mskeggs: Basically comes down to case law - Whitfords Beach and Myer Emporium are the seminal cases in regards to isolated transactions being treated as ordinary income as opposed to capital gains.

                GST then kicks in as under the act New Residential Property is considered a taxable supply for GST purposes.

                Basic rule of thumb is What was your intention from the outset - the burden is on the taxpayer always to prove this.

                Seen it a lot where people get caught out thinking they made a capital gain from a property development but most of the time are taxed on 100% of the income and then cop the GST.

                If you want to deep dive into the above a google search of 'isolated profit making property ATO' will show a bunch of private rulings of people seeking clarity on the same thing.

    • What is included in economic costs to break a loan usually?

      • Break costs such as fees and penalty interest

  • +3

    I love how ur building three townhouses and you don't know the answer to these questions haha

      • +2

        What make you think I was being sarcastic (I wasn't). I came to help you… but the answer was already given… are you usually this tight? (that was sarcasm ;) )

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