Last week, I had a discussion with one of our RealRenta Landlords about whether or not she is entitled to certain tax deductions, if she finds out her investment property contains asbestos.
This is such a great question, so we searched the ATO’s website and the following is straight from the source:
• If you are the owner of a residential or commercial investment property that is affected by asbestos, then certain tax deductions may be available.
If you sell the property, the tax implications will vary depending on your circumstances.
oCapital gains tax (CGT)
The ATO works with state and territory governments to ensure property owners are aware of the potential tax implications of participating in a buyback program.
If you participate in a buyback program, the tax implications will vary depending on your situation:
If the property has been used solely as your main residence for the entire period of ownership, there are no tax implications for the disposal of your property.
There are tax implications if you participate in a buyback program.
These will depend on your circumstances, including whether the property was ever used as your main residence and how long you have owned it.
• Claiming expenses
Asbestos contamination in a property may mean that the property can no longer be rented out, or tenants need to vacate for a period.
Interest on loans against the rental property, and other expenses, such as council rates, water and land tax, may continue to be deductible, if asbestos contamination means that no rental income is collected.
If there is a period when the investor cannot let out the property, but it can be let out after remediation, interest is
Taxation Ruling TR 2004/4
Other expenses that you can generally claim on a rental property may continue to be deductible, depending on the nature or extent of the situation.
o repairs and maintenance – for example, ensuring living areas are sealed from contaminated areas, such as ceiling, internal cavities and subfloor
o depreciation for written-off and replacement assets, such as carpet
o capital works for replacement buildings, fences and similar.
o Expenses you can claim
Environmental protection costs
If your asbestos-related remediation expenses are not covered by the above deductions, costs to remove asbestos from a rental property can be classified as an environmental protection activity under section 40-755 of the Income Tax Assessment Act 1997External
Sunday, 4 November 2018