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This edited version has been archived due to the length of time since original publication.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: 1051596853398

Date of advice: 22 October 2019

Ruling

Subject: Rental deductions

Question

Are you entitled to a deduction for the cost of underpinning a corner of your rental property?

Answer

Yes.

Based on the facts you have provided, we can conclude that costs incurred in relation to the underpinning of your rental property will restore the property to its original condition. This does not materially alter the character or functionality of the rental property. Accordingly you are eligible to claim a deduction in relation to the repair under section 25-10 of the Income Tax Assessment Act 1997. Further information regarding "Income tax: deductions for repairs" is addressed in ATO Taxation Ruling TR 97/23

This ruling applies for the following periods:

Year ended 30 June 2019

Year ending 30 June 2020

The scheme commences on:

1 July 2018

Relevant facts and circumstances

You own an investment property which required works to underpin one corner of the dwelling.

You have rented out the property for a number of years.

The property was inspected and the issue identified during the 2018-19 income year.

The property continues to be rented.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 25-10