Disclaimer
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: 1052307172927

Date of advice: 18 September 2024

Ruling

Subject: Rental deductions

Question

Are you entitled to a deduction for the loan interest on the construction of a rental property prior to it being available for rent?

Answer

Yes.

Based on the information provided to the Commissioner you can have a deduction for the interest on the loan used to construct the rental property.

You have a loan to construct a rental property.

The interest on the loan relating to the construction of the rental property is an allowable deduction under Section 8-1 of the Income Tax Assessment Act 1997.

Section 26-102 of the ITAA 1997 does not prevent you from claiming a deduction for the interest on the loan used to construct the rental property.

This ruling applies for the following periods:

Year ended 30 June 2024

Year ending 30 June 2025

Year ending 30 June 2026

The scheme commenced on:

1 July 2023

Relevant facts and circumstances

You purchased a block of land.

You commenced building a residential rental property on the land in the year after it was purchased.

The expected completion date of the property is a few years after construction commenced.

You intend on renting the property out once completed.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1

Income Tax Assessment Act 1997 section 26-102