ATO Interpretative Decision
ATO ID 2003/420 (Withdrawn)
Income Tax
Capital gains tax: cost base - fees for building and pest inspection reportsFOI status: may be released
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This ATOID is withdrawn because the ATO view on this matter is now included in the Guide to capital gains tax 2005-06 (page 12).This document incorporates revisions made since original publication. View its history and amending notices, if applicable.
This ATOID provides you with the following level of protection:
If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.
Issue
Can the fees paid by a taxpayer for building and pest inspection reports on a property obtained prior to the property being purchased by the taxpayer at auction form part of the second element of the cost base of the property under subsection 110-25(3) of the Income Tax Assessment Act 1997 (ITAA 1997)?
Decision
Yes. The fees paid by a taxpayer for building and pest inspection reports on a property obtained prior to the property being purchased by the taxpayer at auction will form part of the second element of the cost base of the property under subsection 110-25(3) of the ITAA 1997. The fees paid for the services provided by a building inspector and pest inspector are considered to be incidental costs under subsection 110-35(2) of the ITAA 1997.
Facts
The taxpayer purchased a property at auction in the 1999-2000 income year. Building and pest inspection reports were provided to the taxpayer before the property was auctioned. The taxpayer paid for the cost of the reports.
The taxpayer used the property for rental purposes. The taxpayer disposed of the property in the 2001-02 income year and made a capital gain.
The taxpayer included the cost of the building and pest inspection reports as part of the cost base of the rental property.
Reasons for Decision
The second element of the cost base of a CGT asset is the incidental costs that the taxpayer incurs in acquiring the asset or which relate to a CGT event that happens in relation to the asset (subsection 110-25(3) of the ITAA 1997).
Incidental costs that can be included in the cost base of a CGT asset are set out in section 110-35 of the ITAA 1997. Subsection 110-35(2) of the ITAA 1997 lists remuneration for the services of a consultant as an incidental cost. Consultant fees would include the fees paid for services provided by a building inspector and pest inspector.
As the fees paid for the building and pest inspection reports are incurred in relation to the acquisition of the rental property, these fees will form part of the second element of the cost base of the rental property in accordance with subsection 110-25(3) of the ITAA 1997.
Date of decision: 8 May 2002Year of income: Year ended 30 June 2002
Legislative References:
Income Tax Assessment Act 1997
subsection 110-25(3)
section 110-35
subsection 110-35(2)
Keywords
Capital gains tax
CGT assets
CGT cost base
ISSN: 1445-2782
| Date: | Version: | |
| 8 May 2002 | Original statement | |
| You are here | 3 November 2006 | Archived |