ATO and initial repairs

Discussion in 'Accounting & Tax' started by housechopper2, 27th Dec, 2017.

Join Australia's most dynamic and respected property investment community
  1. housechopper2

    housechopper2 Well-Known Member

    Joined:
    5th Oct, 2016
    Posts:
    493
    Location:
    Melbourne
    Just bought an IP with tenants already in place. Property is very rundown and there are a number of maintenance issues that need addressing.

    How do I collect evidence to show the ATO that these repairs are maintenance (deductible) and not initial repairs (capital account)?

    Is it simply taking a few photos to show the damage before replacing - e.g. Holes in guttering ?
     
  2. Ross Forrester

    Ross Forrester Well-Known Member

    Joined:
    30th Oct, 2016
    Posts:
    2,085
    Location:
    Perth, Western Australia
    Initial repairs are capital. You enjoyed a lower purchase price by acquiring a run down property and these costs now are bringing it back to a better standard than what it was when you paid for it.

    If you took photo’s now and then suffered damage
    from a tenant you could use that as evidence that the repairs brought the property back to its original state when you bought it.
     
    housechopper2 and Terry_w like this.
  3. housechopper2

    housechopper2 Well-Known Member

    Joined:
    5th Oct, 2016
    Posts:
    493
    Location:
    Melbourne
    No fair!

    When does a repair then go from being an 'initial repair' to just a tax deductible repair?

    I unnderstand repairs conducted before tenants are in place are initial repairs. but haven't heard a specific time period from when the tenants initially reside in the home stated as required to classify as a 'non-initial repair'.
     
  4. Marg4000

    Marg4000 Well-Known Member

    Joined:
    18th Jun, 2015
    Posts:
    6,422
    Location:
    Qld
    Of course it is fair!

    One would expect that you took the rundown condition of the property into account when making your offer to buy. Clearly you got it cheaper than if everything was perfect. Think of that as the baseline condition.

    A repair is deductible when you REPAIR something to return it to the condition it was in when you bought the property. If a window is broken next week and you have to pay for it, that is a repair.

    If the window was broken when you bought the property, by fixing it you are making an IMPROVEMENT. Not tax deductible, but depreciation may apply for improvements to the building.

    So you can't just buy a rundown dump and expect the ATO to finance bringing it up to good condition.
    Marg
     
    SimonQld, Ross Forrester and wylie like this.
  5. housechopper2

    housechopper2 Well-Known Member

    Joined:
    5th Oct, 2016
    Posts:
    493
    Location:
    Melbourne
    If as an alternative you pay more for the same house in better condition, you simply pay more for it upfront without having to spend additional dollars on maintenance over the first few years of ownership.

    Either approach gets you a property in good repair, one is a larger upfront payment, the other is a slightly lower upfront payment with several small incremental costs over the first few years.

    Broken windows are an easy example to use, others don't seem as clear cut.

    I will seek specific advice, thanks for your feedback.
     
  6. Mike A

    Mike A Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    2,656
    Location:
    UNIVERSE
    Capital cost.

    Might not even be depreciable.

    Fair doesnt matter.
     
    wylie likes this.
  7. wylie

    wylie Moderator Staff Member

    Joined:
    18th Jun, 2015
    Posts:
    14,020
    Location:
    Brisbane
    ... and this advice above is from a registered tax agent. You work by the rules or take the risk of being caught, and I wouldn't want to be in the sights of the ATO.
     
    Mike A likes this.