All Topics / Legal & Accounting / Interest on loan for deposit to build an IP: When can it be a tax deduction?

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  • Profile photo of StumpCamStumpCam
    Member
    @stumpcam
    Join Date: 2006
    Post Count: 76

    Hi All, I've paid a 10% deposit on an IP in July 08, but they've only just started building it now. I'm assuming I can't claim the interest on that deposit until the IP is getting rental income, so do I just carry forward that interest until the financial year it does earn rental income? It seems a bit odd claiming for expenses in a previous year though.
    Thanks, S/C

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Why assume that?

    see the case of Steele
    Steele v. FC of T 99 ATC 4242; (1999) 41 ATR 139

    And TR 2004/4
    Income tax: deductions for interest incurred prior to the commencement of, or following the cessation of, relevant income earning activities
    http://law.ato.gov.au/atolaw/view.htm?Docid=TXR/TR20044/NAT/ATO/00001

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of StumpCamStumpCam
    Member
    @stumpcam
    Join Date: 2006
    Post Count: 76

    Thanks Terry, I've since done a bit of reading about the Steele case. Sorry I should have done a bit more research, but that keyword "Steele" was the important bit of info I needed.
       Just one thing: How do you claim for the interest when doing your tax online. It won't let you lodge unless you put a figure in the "date first rented" field. I lodged my daughter's tax (who's 50:50 with me on that property) by putting in $1 into the rent received field, and increasing the interest by $1 to make up. I had to put something in the date first rented field, so I chose the contract date.
      Their software doesn't seem to cater for the Steele case.
    Cheers, s/c

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Sorry, not sure where to put it on the forms.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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