Recieved this in my Email and thought, this might be something important to share.
Each year the tax office targets tax payers who are making claims in particular areas. For the third year in a row property investors are once again the target. The three main areas for review this year will be:
Depreciation – Claims for construction or fitting and fixtures depreciation must be backed up with firm evidence. Assumptions on value made by investors has never been an acceptable method for calculating depreciation, and where original receipts for assets do not exist the only acceptable evidence is a quantity surveyor’s report.
Legal Expenses – Most of the legal expenses incurred in settling your new property may only be claimed as a capital expense. This means that you may not make a claim as a deduction against income, but you can make a claim against profit upon sale, which will reduce the capital gains tax payable. This year the tax office is targeting those investors attempting to claim these costs against income. See the new book, ‘The Pocket Guide for Investing in Positive Cash Flow Property’ for a list of these items.
Travel Expenses – How many times have I heard a property marketer sell property based on the investors ability to have a ‘tax paid’ holiday twice a year to inspect it! Firstly, it is not ‘tax paid’, it is tax deductible (very different, especially if you are in the 17% tax bracket) and secondly, it is not even tax deductible! To claim travel expenses on a trip to inspect a property you would have to do only that – inspect the property. The moment you do something else while on that trip, the purpose for the trip changes and so does you ability to claim a tax deduction. So, if you fly in, go to the property and inspect it and then fly out again, you may have a claim. If you stay overnight, you may also have a claim but only if you can prove that there were no return flights out that day. If you do anything else while you are there, the most you will be able to claim will be the return taxi fare from the airport and possibly one nights accommodation.
Cheers,
sis
so why is it… that the tax office likes to target property investors… [!]
Just thought I’d add this info which I received in my email yesterday.
“ATO consultation meeting on rental properties and capital allowances on 20 February 2004:
Members will be aware that rental properties are a compliance area the ATO is currently focusing on.
The ATO has concerns that rental property owners are not correctly distinguishing between Division 40 ITAA 1997 (depreciable assets) and Division 43 ITAA 1997
(capital works). With this in mind, the ATO is preparing a comprehensive list of articles, furniture and parts of buildings etc commonly found in rental
properties, indicating whether Division 40 (plus the effective life) or Division 43 applies. The ATO hopes to include this list in the July 2004 edition of its
Rental Properties publication, with the depreciable assets effective lives to be included as a 1 July 2004 addendum to the effective lives taxation ruling TR
2000/18.
The ATO is still formulating its position on how it will apply the law as regards to mistakes it identifies in the course of its compliance reviews. For example, it may enforce the law prospectively from 1 July 2004 as regards “grey areas” where there has been genuine confusion. However amendments to prior year returns should be expected for mistakes where the correct treatment is clear from case law and/or rulings.
It is anticipated that when this residential rental property project is complete, the ATO team working on it will commence working on a similar project focusing on commercial properties. “