New Restrictions on Rental Property Deductions
Clarke McEwan Accountants
New restrictions have been imposed by the ATO on travel expenses and depreciation as part of the 2017-18 Budget relating to claims made by taxpayers owing residential rental property.
Travel
Travel undertaken in relation to a rental property is a legitimate expense and has been claimed by many property owners, however the Government is concerned that some taxpayers have not been correctly apportioning their travel expenses when the travel was combined with another activity, such as a holiday. As a result of this exploitation of the rules, new legislation will now disallow any travel related to visiting rental properties.
Deductions such as the cost of repairs conducted while onsite may still be claimed, or a visit to the tax agent. The Government also makes the point that inspection costs undertaken by third parties will be permissible, meaning that inspection costs are seen as legitimate, but only if genuinely incurred for pure inspection purposes.
Depreciation
Depreciating assets in a residential rental property, such as carpets, blinds, a hot water system, a cook top, an oven, furniture, were previously eligible for depreciation under Division 40 of the ITAA 1997. These claims will no longer be deductible under new criteria. Any deduction claim is essentially dependent upon the acquisition date of the relevant asset, and whether the asset is new or "previously used" i.e. second hand.
From 1 July 2017, the Government will limit plant and equipment depreciation deductions to outlays actually incurred by investors in residential real estate properties . Plant and equipment items are usually mechanical fixtures or those which can be 'easily' removed from a property such as dishwashers and ceiling fans. Investors who purchase plant and equipment for their residential investment property after 9 May 2017 will be able to claim a deduction over the effective life of the asset. However, subsequent owners of a property will be unable to claim deductions for plant and equipment purchased by a previous owner of that property.
Top 6 things you need to know about how the 2017 plant and equipment depreciation changes will affect you (Source: www.capitalproperties.com.au )
- If you've purchased a brand new residential construction , you're not affected by the changes to depreciation deductions on plant and equipment items.
- If you've purchased a commercial property , you are not affected by these changes.
- If you've bought a residential property after 9 May 2017, from a previous owner, you are affected by these changes. You can now only claim capital works related depreciation deductions.
- If you've bought a residential property after 9 May 2017, from a previous owner, and you've had to buy new fixtures and fittings, you'll be able to claim depreciation deductions on any fixtures and fittings you've bought yourself.
- If you've bought a residential property before 9 May 2017, from a previous owner, you are not affected by these changes.
- If you've bought a pre-1987 residential investment property after 9 May 2017, you can only claim capital works deductions on renovation work, not on the original structures.
Disclaimer
The purpose of this article is to provide a brief overview of how recent tax changes may affect residential property investors. It is not intended to be relied on instead of professional advice. Contact us so that we can determine how these changes may affect your specific situation.





