Disclaimer
This edited version has been archived due to the length of time since original publication.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 your private ruling

Authorisation Number: 1012465083785

Ruling

Subject: Rental property expenses

Question

Are you entitled to a deduction for your share of interest incurred the on the line of credit for the portion referable to the payment of your deductible rental expenses?

Answer: Yes

This ruling applies for the following period

Year ended 30 June 2013

Year ended 30 June 2014

The scheme commenced on

1 July 2012

Relevant facts

You purchased a rental property in 2XXX's.

You set up a line of credit facility around the same time, in joint names with your spouse.

Since that time, the line of credit has been your sole bank account, where all salary and private income goes as well as assessable rental payments.

All expenses both private and those related to the rental property are paid from the line of credit.

The line of credit has operated with a debit balance for most of the time, and interest has been paid to the bank every month.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1

Reasons for decision

Section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) allows a deduction for all losses and outgoings to the extent to which they are incurred in gaining or producing assessable income except where the outgoings are of a capital, private or domestic nature.

Where interest accrues periodically on a mixed purpose line of credit facility, the deductibility of accrued interest is determined by considering the application of the borrowed funds for income producing and non-income producing purposes.

The portion of the line of credit attributable to your property is directly relevant to the earning of assessable income. As such you are allowed a deduction for this portion under section 8-1 of the ITAA 1997.