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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of private advice

Authorisation Number: 1051555299829

Date of advice: 29 July 2019

Ruling

Subject: Rental deductions

Question

Can you claim the associated expenses related to your rental property for the financial year ended 2019?

Answer

Yes, the Commissioner accepts that your property was genuinely available for rent for the relevant period and therefore your associated expenses related to your rental property are deductible. Further information about rental property expenses can be found by searching 'QC 55249' on ato.gov.au

This ruling applies for the following period:

Year ended 30 June 2019

The scheme commences on:

1 July 2018

Relevant facts and circumstances

You acquired a rental property after 20 September 1985.

During the relevant period, the property was under a long term lease contract.

You put your property on the market before the relevant period ended.

Whilst the property was on the market the tenant submitted a notice of termination to the agent prior to the lease contract ended.

After the tenant vacated you engaged the services of several real estate agents to assist you in finding a new tenant.

In addition to the ongoing expenses, you had legal expenses associated with the dispute with strata management of the apartment and the contract of sale and repairs expenses.

You provided evidence of the sale and rental instructions and repairs invoices to the exiting tenant.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1

Income Tax Assessment Act 1997 section 25-10

Income Tax Assessment Act 1997 Division 40

Income Tax Assessment Act 1997 Division 43


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