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  • Profile photo of FigcFigc
    Participant
    @figc
    Join Date: 2010
    Post Count: 15

    Hi All

    Sorry if this has been answered before.

    I have Investment Property. Tenants currently left, Property is in poor state and will not be leased for at least 2 months whilst it is repaired and cleaned up to make it suitable to rent.

    Can I still claim all the expenses ie: interest on loan and all cleaning costs, ie: bin hire, carpet cleaning etc – even though no rental income for these 2 months.

    Thanks

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Hi Fig

    In short, if you can substantiate that all the work you are doing is repairs and not capital improvements then yes you can claim all the costs you mention in this tax year.

    However there are many more qualified people on this forum than me in this area so I'd suggest you listen well to them and speak with your accountant on the subject.

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
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    An alternative way to finance your home.

    Profile photo of Shane13Shane13
    Participant
    @shane13
    Join Date: 2011
    Post Count: 11

    Hi Fig,

    If your intentions are to keep the property as an investment once the tenants have left then i believe you can still claim the interest and costs even if there is no rental income.

    If your intentions were to fix up the property and then move into it then you would not be able to claim as a deduction.

    It all comes down to the purpose and what your intentions are.

    If you want peace of mind that you are doing the right thing then you could always give the ATO a quick call to verify.

    Shane.

    Profile photo of Dan42Dan42
    Member
    @dan42
    Join Date: 2008
    Post Count: 619

    If you are planning to continue renting, and you are repairing the damage (as opposed to improving the property) then you can claim these costs as expenses.

    Profile photo of CatalystCatalyst
    Participant
    @catalyst
    Join Date: 2008
    Post Count: 1,404

    I disagree. You can only claim interest if the property is available for rent. Some people advertise it for rentearlier than it's ready to get around this. You need to decide whether the ATO will know it was not rented because of the reno's or because you were waiting for a tenant. Up to you.

    The other things can be claimed because the need has arisen because the property was tenanted (eg repairs). If they are capital improvements though (eg replacing the carpet- as opposed to cleaning it) you cannot claim them.

    Profile photo of Kohlhagen GroupKohlhagen Group
    Member
    @kohlhagen-group
    Join Date: 2011
    Post Count: 58

    Definately see your accountant, however I agree with Paul's post.

    Issue is likely to be, whether you are repairing (immediate deduction) or improving (capital depreciation deduction).

    Catalyst, interest can be claimed if a property is not available for rent so long as certain critea are met.
    To this extent, if you were to purchase a vacant block of land, build a rental property, then rent it out you might be entitled to claim interest from the day you purhcased the block.

    Profile photo of Rob G.Rob G.
    Participant
    @rob-g.
    Join Date: 2010
    Post Count: 70

    What is a 'repair', ATO TR 97/23

    Cheers,

    Rob

    Profile photo of FigcFigc
    Participant
    @figc
    Join Date: 2010
    Post Count: 15

    Does this answer my question. Taken from ATO website.

    Expenses prior to property being available
    for rent.
    You can claim expenditure such as interest on loans,
    local council, water and sewage rates, land taxes and
    emergency services levy on land on which you have
    purchased to build a rental property or incurred during
    renovations to a property you intend to rent out. However,
    you cannot claim deductions from the time your intention
    changes, for example if you decide to use the property for
    private purposes.

    Profile photo of Rob G.Rob G.
    Participant
    @rob-g.
    Join Date: 2010
    Post Count: 70
    Figc wrote:
    Does this answer my question. Taken from ATO website. Expenses prior to property being available for rent. You can claim expenditure such as interest on loans, local council, water and sewage rates, land taxes and emergency services levy on land on which you have purchased to build a rental property or incurred during renovations to a property you intend to rent out. However, you cannot claim deductions from the time your intention changes, for example if you decide to use the property for private purposes.

     

    The website you reference is discussing ongoing holding costs which are usually on the revenue account.

    Your original post refers to a property in a state of disrepair.

    Expenses of a restorative nature would be deductible even though the property is vacant to effect these 'repairs'.

    Exceptions are where you 'improve' your capital assets, replace them in an entirety or they are an 'initial repair' in that the defects were present when you originally acquired the property.

    These issues are discussed in the abovementioned ATO tax ruling. go to http://www.ato.gov.au and access the legal database and type in the ruling number.

    Regards,

    Rob

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