Edited version of private advice

Authorisation Number: 1052125524130

Date of advice: 13 July 2023

Ruling

Subject: Deductions - rental property

Question 1

Is the painting of the property along with replacement and repairs to skirting boards, architraves door and cupboard handles rails and holders and door stoppers carried out on the property a repair and therefore an immediate deduction?

Answer

Yes.

Question 2

Is all of the electrical, plumbing and tiling work along with the removal of internal tiles, gutting of bathroom and ensuite and removal of kitchen and builder's fees considered capital works?

Answer

Yes.

Question 3

Is the replacement of the appliances toilets, blinds and awnings, curtains, privacy screens, roller shutters air conditioning units & vanity units along with taps shower heads, wardrobe mirror door, mirrors, kitchen cabinetry and wardrobe, smoke alarms and ceiling fans considered to be the replacement of depreciating assets?

Answer

Yes.

This ruling applies for the following period:

Year ended 30 June 20XX

The scheme commenced on:

1 July 20XX

Relevant facts and circumstances

You purchased the rental property a number of years ago.

The property was built a number of decades ago.

The property has been rented for the whole of your ownership period.

The tenants moved out of the property in a previous financial year.

The property remained for rent until damage was noticed after the tenants had left.

Permission to carry out the extensive works was required from the body corporate.

Work commenced in the following month.

Work was completed a number of months later.

The property was rented a few weeks later.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 25-10

Income Tax Assessment Act 1997 section 40-25

Income Tax Assessment Act 1997 section 43-30

Income Tax Assessment Act 1997 section 43-140

Reasons for decision

Section 25-10 of the Income Tax Assessment Act 1997 (ITAA 1997) allows a deduction for the cost of repairs to premises used for income producing purposes.

However, subsection 25-10(3) of the ITAA 1997 does not allow a deduction for repairs where the expenditure is of a capital nature.

The word 'repair' is not defined within the taxation legislation. Accordingly, it takes its ordinary meaning. In W Thomas & Co v. FC of T (1965) 115 CLR 58, it was held that a 'repair' involves a restoration of a thing to a condition it formerly had without changing its character. It is the restoration of efficiency in function rather than the exact repetition of form or material that is significant.

Taxation Ruling TR 97/23 Income tax: deductions for repairs deals with the issue of deductions for repairs.

TR 97/23 provides that expenditure for repairs to property is of a capital nature where the extent of the work carried out represents a renewal or reconstruction of the entirety (paragraphs 36-42), or the works result in a greater efficiency of function in the property, therefore representing an 'improvement' rather than a 'repair' (paragraphs 44-58).

Taxation Ruling TR 97/23 states:

•         Works can fairly be described as 'repairs' if they are done to make good damage or deterioration that has occurred by ordinary wear and tear, by accidental or deliberate damage or by the operation of natural causes (whether expected or unexpected) during the passage of time.

•         To repair property improves to some extent the condition it was in immediately before repair. A minor and incidental degree of improvement, addition or alteration may be done to property and still be a repair. If the work amounts to a substantial improvement, addition or alteration, it is not a repair and is not deductible under section 25-10.'

An 'entirety' is defined as something 'separately identifiable as a principal item of capital equipment' (Lindsay v. Federal Commissioner of Taxation (1960) 106 CLR 377 at 385).

Property is more likely to be an entirety, as distinct from a subsidiary part, if (TR 97/23):

•         the property is separately identifiable as a principal item of capital equipment; or

•         the thing or structure is an integral part, but only a part, of entire premises and is capable of providing a useful function without regard to any other part of the premises; or

•         the thing or structure is a separate and distinct item of plant in itself from the thing or structure which it serves; or

•         the thing or structure is a 'unit of property' as that expression is used in the depreciation deduction provisions of the income tax law.

Division 43 of ITAA 1997 provides for a system of deducting capital expenditure incurred in the construction of buildings and other capital works used to produce assessable income.

Section 43-30 of the ITAA 1997 provides that you cannot deduct any amount for a period before the construction is complete.

Section 43-140 of the ITAA 1997 sets out the way you must use your area in an income year for a deduction to be allowed under section 43-10 (the main deduction provision). The relevant use depends on the time when the capital works began (Column 1) and the type of capital works (Column 2).

Section 40-25 of the ITAA 1997 allows a deduction for the decline in value of a depreciating asset that you hold. A depreciating asset is an asset that can reasonably be expected to decline in value over time it is used (section 4030 of ITAA 1997).

Depreciating assets are those items that can be described as plant, which do not form part of the premises. These items are usually:

•         separately identifiable;

•         not likely to be permanent and expected to be replaced within a relatively short period and not part of the structure.

Examples of assets that deductions for decline in value can be applied to include timber flooring, carpets, curtains, appliances like a washing machine or fridge and furniture.

Immediate deduction for depreciating assets costing $300 or less

Where a depreciating asset costs less than $300 you are able to claim an immediate deduction rather than depreciate the asset over a period of time where the asset has been used for income producing activity.

The immediate deduction is available if all of the following tests are met in relation to the asset:

•         it cost $300 or less and you used it mainly for the purpose of producing assessable income that was not income from carrying on a business (for example, rental income where your rental activities did not amount to the carrying on of a business of letting rental properties)

•         it was not part of a set of assets costing more than $300 that you started to hold in the income year, and

•         it was not one of a number of identical, or substantially identical, assets that you started to hold in the income year that together cost more than $300

Therefore, the expenses that are below $300 can be claimed as an immediate deduction.

The painting of the property along with replacement and repairs to skirting boards, architraves door and cupboard handles rails and holders and door stoppers is considered to be a repair and an immediate deduction for the expense associated with this is allowable.

All of the electrical, plumbing and tiling work along with the removal of internal tiles, gutting of bathroom and ensuite and removal of kitchen and builders fees are considered to be capital and an immediate deduction is not allowable. You are able to claim a capital works deduction.

The replacement of all of the appliances toilets, blinds and awnings, curtains, privacy screens, shutters air conditioning units & vanity units along with taps shower heads, wardrobe mirror door, mirrors, kitchen cabinetry and wardrobe, smoke alarms and ceiling fans are depreciating assets. Taxation Ruling 2022/1 (TR 2022/1) considers the effective life of depreciating assets. The ruling sets out the effective life of the above assets.