After the headache of getting all of your payments in on time for end of financial year, now comes the headache of getting all of your deductions together to find out what exactly can you claim.
One such area is investment properties. This form of investment has proved very popular over the past 5-10 years with property prices on the up, so the majority of readers will have some form of property investment. One thing that many of us miss out on, is legitimate claims on items such as depreciation (but this is generally due to a lack of a depreciation schedule prepared by a professional) and smaller items.
Defence Housing of NSW has put together a great article which outlines the important aspects of generating the most from your deductions, with the help of the ATO, so it ‘must’ be true (until they change the rules again). So if you have an investment property, take note as this will be valuable information straight from the horses big mouth.
The Australian Taxation Office’s (ATO’s) Assistant Commissioner, Megan Yong, provides an overview for rental property owners of the “do’s and dont’s” of claiming deductions.
‘Last year more than 1.4 million people claimed over $25 billion in rental deductions in their tax return. Over 200,000 of these people were claiming deductions for the first time,’ Ms Yong said.
With so many people claiming deductions the ATO is continuing its focus in this area to ensure property investors get their claim right.
‘This year the ATO will write to around 110,000 people who have purchased rental properties in the past 12 months with advice on claiming rental property deductions,’ she said.
Here are a few things Defence Housing Australia (DHA) investors should think about when claiming deductions in their 2008-09 tax return.
What you can claim as an immediate deduction
‘There are a number of rental property expenses that can be claimed as an immediate deduction,’ Ms Yong said.
These include:
- interest on a loan to:
- purchase a rental property or purchase land to build a rental property
- purchase a depreciating asset for the property like an air conditioner
- finance renovations like a deck
- make maintenance repairs or repair damage to the property.
What needs to be claimed over a number of years
‘Expenses that are deductible over a number of years include most borrowing costs and the cost of depreciating assets and structural improvements,’ Ms Yong said.
Borrowing costs can include:
- stamp duty charged on the mortgage
- loan establishment fees, fees for a valuation required for loan approval and lender’s mortgage insurance
- title search fees charged by your lender, costs of preparing and filing mortgage documents and mortgage broker fees.
If these amounts are less than $100 in total they can be deducted immediately, otherwise they are generally deductible over five years or over the term of the loan, whichever is less.
‘Major renovation costs and costs to repair damage, defects or deterioration upon purchasing a property can’t be claimed as an immediate deduction.
‘These costs generally must be claimed as either a deduction for decline in value over the asset’s effective life, or as a capital works deduction over 25 or 40 years,’ Ms Yong said.
What you can’t claim: avoiding common mistakes
According to the ATO website, there have been a number of common mistakes identified in the income tax returns of rental property owners. Below is a list the ATO has compiled of common mistakes to avoid.
Construction costs
Certain types of construction – including extensions, alterations and structural improvements – can be claimed as capital works deductions. However, the land on which a rental property is constructed cannot be claimed. Instead, the land forms part of the cost for capital gains tax purposes.
Deductions can be claimed for the decline in value of some types of depreciating assets in residential rental properties (for example, curtains, blinds, dishwashers, refrigerators, stoves, television sets and hot water systems). However, construction costs are not depreciating assets.
For more information on deprecation, click here to read this month’s Industry insight from quantity surveying firm, Turner & Townsend.
Common depreciation claim mistakes include:
- claiming the cost of the land component as part of the cost of constructing the rental property,
- claiming construction costs as a decline in value of depreciating assets deduction instead of a capital works deduction.
Refer to Rental properties for a comprehensive list of residential property items and whether they are depreciating assets or capital works.
Interest
Taxpayers sometimes use their loan facility for both investing and private purposes—for example, to purchase or renovate a rental property and to buy a motor boat.
The interest expense on the private portion of the loan (the motor boat) is not deductible.
A common mistake is to claim a deduction for interest on the private portion of the loan.
Travel expensesWhere travel related to your rental property is combined with a holiday or other private activities, you may need to apportion the expenses. You may be able to claim local expenses that are directly related to the property inspection and a proportion of accommodation expenses.
A common mistake is to claim a deduction for the cost of travel when the main purpose of the trip is to have a holiday and the inspection of the property is incidental to that.
Deductible borrowing expenses
The correct way to claim borrowing expenses of more than $100 is to spread the deduction over five years or over the term of the loan, whichever is less. If your borrowing expenses are $100 or less, you can claim the full amount in the income year they are incurred.
A common mistake is to claim all deductible borrowing expenses in the first year they are incurred.
Ownership interests
If you purchase a rental property as a co-owner and are not carrying on a rental property business, you must divide the income and expenses for the rental property in line with your legal interest in the property. This is despite any written or oral agreement between co-owners stating otherwise.
A common mistake occurs when a property is purchased by a husband and wife (as co-owners) and the income and expenses are not split in line with their legal interest in the property.
Refer to Rental properties for more information on how rental income and expenses should be split between co-owners.
What records do you need to keep?
You need to keep proper records in order to make a claim, regardless of whether you use a tax agent to prepare your tax return or you do it yourself. You must keep records of:
- the rental income you receive and the deductible expenses you pay - keep these records for five years from 31 October or, if you lodge later, for five years from the date your tax return is lodged.
- your ownership of the property and all the costs of purchasing/acquiring it and selling/disposing of it - keep these records for five years from the date you sell/dispose of your rental property.
More information
The ATO website has detailed fact sheets outlining what expenses you can and can’t claim for your rental property,’ Ms Yong said.
These include:
Rental properties – avoiding common mistakes
Rental properties – claiming borrowing expenses
Rental properties – claiming interest expenses
Rental properties – claiming repairs and maintenance expenses
Rental properties – claiming capital works deductions
If you would like to talk to someone at the ATO about tax deductions for rental properties call 13 28 61.
Disclaimer: This information has been sourced from the Australian Taxation Office via the Defence Housing of NSW website, which contains some great information at www.dha.gov.au DHA property investment is subject to the terms of the lease. DHA investors retain some responsibilities and risks. Investors should seek professional and independent advice.
