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This edited version has been archived due to the length of time since original publication.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

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Edited version of your private ruling

Authorisation Number: 1012542356398

Ruling

Subject: Rental property interest

Are you entitled to claim all of the interest on a loan used to finance the purchase of your share of a jointly owned investment property?

Answer

Yes.

This ruling applies for the following periods

Year ended 30 June 2013

Year ended 30 June 2014

Year ended 30 June 2015

Year ended 30 June 2016

Year ended 30 June 2017

The scheme commenced on

1 July 2012

Relevant facts

You are a joint owner of a rental property.

You have a loan in your name only which was used to purchase your share of the property.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1

Reasons for decision

Section 8-1 of the Income Tax Assessment Act 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, or relate to the earning of exempt income.

Generally rental income and expenses must be attributed to each co-owner according to their legal interest in the property. However interest on money borrowed by only one of the co-owners which is exclusively used to acquire that person's interest in the rental property does not need to be divided between all of the co-owners.

In your case, you have a loan which was used solely to finance the purchase of your share of an investment property. Therefore, you are entitled to claim all of the interest on the loan while the property is available for rent.