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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051431951402

Date of advice: 27 September 2018

Ruling

Subject: Rental property expenses

Question

Are you entitled to a deduction for a portion of the rental expenses incurred for your share of a holiday home rental property?

Answer

Yes. You are required to apportion your expenses to exclude the periods the holiday home rental property was used for private purposes and not made available for rent. 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 ending 30 June 20XX

The scheme commences on:

1 July 20XX

Relevant facts and circumstances

You own a holiday home rental property (the property).

You acquired the property jointly with your partner for the purpose of producing assessable income.

The property was chosen as it is considered to be a holiday area for visitors. There are many other rental holiday homes in this location.

The property is advertised and used for rental purposes for a percentage of the year, including the peak holiday and school holiday periods, but excluding a period of time where it was not made available for rent and was used for private and maintenance purposes.

The property is rented at commercial rates for both peak and non-peak periods.

You have earned assessable income from renting the property during the 20XX-XX financial year.

You have appointed a commercial agent to manage all the bookings for the property, and advertise the property through the agent’s commercial websites.

You have incurred rental expenses and would like to apportion these expenses as per the time the property is used for income producing purposes.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1