Can I claim Depreciation on Property in India-Rental Income

Discussion in 'Accounting & Tax' started by indiantiger, 14th Aug, 2018.

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

    indiantiger Well-Known Member

    Joined:
    3rd Apr, 2018
    Posts:
    79
    Location:
    VIC
    I have a commercial property in India for which I am getting rent of about 6,000 AUD per year

    As I will be showing this rent as my income in Australia tax returns also, can I also claim the depreciation on the same ?
    (I have been advised that I have to show this rent as part of my Worldwide income as I am a PR holder)

    If so how how much depreciation is allowed per year and what documents would i need to claim the same ?
     
  2. Mike A

    Mike A Well-Known Member

    Joined:
    24th Jun, 2015
    Posts:
    2,656
    Location:
    UNIVERSE
    are you an australian tax resident ?

    you MUST show the income.

    you can also claim expenses against earning that income
     
  3. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    It may be difficult to determine the valid construction cost and its application to the Div 43 rules ie the ÿour area issues may impact this).
    Did you build the property and know its cost of construction excluding builders margin ? If not a QS report could be produced but I am unaware of a QS firm that includes Indian property. If the report does not comply with the ATO requirements the deductions may be denied on review. Tax advice may assist to determine if your construction costs can be used and they can be proven.

    TR 97/25 contains a limit of who can prepare a schedule OTHER THAN one based on your cost to construct.ie appropriate qualified persons include a QS, clerk of works etc The ruling should assist to guide what costs may be eligible.

    Rental properties - claiming capital works deductions