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Avoid wrong moves with rental property, urges ATO


The office says agents should be on alert for three common taxpayer errors.

By Philip King4 minute read

Mistakes involving rental claims account for $1.6 billion a year of the individuals-not-in-business tax gap, according to ATO Assistant Commissioner Tim Loh, or almost 20 per cent of the 2018-19 total.


“It’s an area that we see taxpayers get wrong,” he said, “and there’s three things that we want to let agents know which can help their clients get their tax returns right.”

Speaking on this week’s Accountants Daily podcast, Mr Loh said the most common mistakes involved record-keeping, misstated income or deduction claims.

When it came to record-keeping the message was straightforward: best practice was essential.

“If you don’t have a record, it’s hard to get that deduction or claim for that deduction,” Mr Loh said.

“It’s really important that agents ask their clients to make sure that they’ve got good records in relation to the rental property deductions that they’re trying to claim.”

Common mistakes regarding income often involved overlooked payments.

“It’s really important to include all their income in their tax return,” he said. “So income from short-term rentals like, for example, Airbnb – it’s really important that income is included just like a long-term rental.

“Other kinds of income payments that sometimes get missed out include insurance payouts and rental bond money that’s retained by the landlord. Those amounts need to be included in the tax return.”

Mr Loh said many rental property errors involved wrongly claimed deductions.

“One is something related to travel to the property – that used to be a deduction, but the law has changed in recent years,” Mr Loh said.

“So you can’t claim any travel to the property or to the rental property.

“Another thing we sometimes see taxpayers get wrong is claiming a deduction for capital works outright.

“So think of it as a $20k kitchen reno – that’s something that’s deductible over time, and not as an outright deduction in the year that the kitchen reno was done.

“Usually it’s all bounded together and if it’s considered to be a capital works item then you deduct it over the effective life of that particular item.

“You typically need a depreciation schedule.”

Depreciation itself could also cause problems.

“The other thing we sometimes see clients get wrong is deductions for depreciation for existing assets or second-hand assets acquired during the year that are used in residential property,” Mr Loh said.

“Sometimes when refinancing gets done – to, say, buy a boat or some sort of personal expense –it’s really important that any interest deductions in relation to that loan is apportioned in relation to that personal component. So you aren’t claiming a full deduction in relation to those aspects.”

Finally, Mr Loh said it was important to be aware of changes in the tax treatment of granny flats.

“There’s a CGT exemption now for granny flat arrangements that effectively gives eligible people the right to occupy a property for life, which began from 1 July 2021,” he said.

“To be eligible for it there must be a written agreement in place between the property owner and the elderly person. And the elderly person must have the right to occupy the property for life.

“There’s more information on our website: ato.gov.au/grannyflat.”


Avoid wrong moves with rental property, urges ATO
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Philip King

Philip King


Philip King is editor of Accountants Daily and SMSF Adviser, the leading sources of news, insight, and educational content for professionals in the accounting and SMSF sectors.

Philip joined the titles in March 2022 and brings extensive experience from a variety of roles at The Australian national broadsheet daily, most recently as motoring editor. His background also takes in spells on diverse consumer and trade magazines.

You can email Philip on: This email address is being protected from spambots. You need JavaScript enabled to view it.

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