New Depreciation Laws

Discussion in 'Accounting & Tax' started by DCO90, 5th Feb, 2018.

Join Australia's most dynamic and respected property investment community
  1. DCO90

    DCO90 Well-Known Member

    Joined:
    27th Nov, 2016
    Posts:
    62
    Location:
    Brisbane, AUS
    After my purchase last year in Slacks Creek (QLD), I've been pretty inactive on the forums here, but a recent email from the ATO, letting me know about the changes to depreciation (and travel expense) laws has brought me back lol.

    I can see the depreciation law won't affect any of my existing properties, and I can see this was discussed in NOV/DEC a lot here, so I maybe someone can link me to a relevant thread.... but I have a few questions:

    1: If I'm buying a standard (existing) unit/house, will there be ANYTHING I can depreciate?

    2: If so, how will it compare to the past? I've used a quantify surveyor in the past and they've just given me an annual figure ($4-$7k), so I've never taken the time to understand what he was actually doing (soz, n00b question)

    3: Can I/should I set up a business and then set up a trust to buy future properties, in order to claim depreciation? Is this a reasonable 'loop hole' to pursue?


    I fear that without being able to claim depreciation, the ability to get purchase positively geared property will be a lot harder. I guess that was the point though lol
     
  2. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    1. Yes. Most likely. It may be less then previously. The Div 43 may be a good portion and that isnt affected. Worst case when you sell the amount you might have claimed may reduce CGT. A deferred benefit ?
    2. Speak to a QS. They will guide your decision. Specific to that property.
    3. Only a company can still claim depreciation BUT you must trade off loss of CGT discounts etc and loss of neg gearing etc. Doubt it would benefit. . Trusts are also affected by new rules.
     
    BMT Tax Depreciation and DCO90 like this.
  3. DCO90

    DCO90 Well-Known Member

    Joined:
    27th Nov, 2016
    Posts:
    62
    Location:
    Brisbane, AUS
    Thanks!