Type of Expenditure Maintenance work - whether 'repair' Repair Yes: work to remedy or make good defects, damage or deterioration does is a repair. Work done to property not in need of repair, however, is not repair work and any expenditure for the work in these circumstances is not deductible under section 25-10 Comment Landlords should obtain written confirmation from an appropriately qualified tradesman, at the time of the repair, verifying that the work undertaken was to repair damage and was not simply an improvement to the property. This would no doubt assist the taxpayer in verifying his/her claim in the event of an ATO audit. Work done solely to meet No requirements of regulatory bodies Expenditure to control health risks No from dangerous substances An example of expenditure that is not deductible as a repair is the cost of removing asbestos and replacing it with modern insulation material Repair expenditure of a capital nature No: eg replacement of a fence. Progressive restoration can involve deductible repairs the nature, scale and dimensions of the work in proportion to the nature, * the period of time over which the work is done (the shorter the period, the more likely a reconstruction of the entirety is involved) Technological advances or enhancements Repairs done at the same time as improvements No Yes: providing the repairs of the project can be effectively separated and considered in isolation from the rest of the project Expenditure to remedy defects, No: Although these are repairs, the ATO's view is damage or deterioration in that existed at the time of acquisition of the existence at the date of acquisition property; and did not arise from the operations of (initial repairs) the person who incurs the expenditure. Expenditure incurred by a taxpayer on repairs to property that the taxpayer does not own Yes: so long as the taxpayer held or used the property for income producing activities Expenditure for repairs before property is held, etc., for income purposes No Replacement or substantial reconstruction to a property No Expenditure incurred to replace equipment i.e. carpets air conditioners, blinds etc No: unless item is less than $300 Repairs to property after tenants move out Yes: providing the necessity for the repairs can be related to a period during which the property was used for income-producing purposes and the expenditure is incurred in the year the property was used for income-producing purposes. client buys a property, gets excited, goes all out making repair, thinking to themselves they are allowed a tax deduction, only to find that they cant claim initial repairs. One way around this would be to wait six months to one years before making large repairs.
© Copyright 2024