Tax Time Reminders: Essential Guidelines For Rental Property Owners



Every tax season, the Australian Taxation Office (ATO) draws attention to the most common pitfalls faced by rental property owners. Here are some Tax tips for landlords and what you need to know to navigate the tricky waters of property taxes and deductions:

Rental Income – No Half Measures!

The ATO has observed that many rental property owners underreport or miscalculate their income. Landlord tax obligations include that you ensure the following:

• Include all types of rental income, even from short-term rentals or partial home rentals.

• Report income in the year the tenant pays, not when the agent transfers it.

• Declare the gross amount before any property manager fees or related expenses.

Expenses – What Can You Deduct?

Rental expenses fall into three categories:

• Non-deductible expenses: These include personal expenses or expenses related to capital assets.

• Immediate deductions: These can be claimed in the year you incur the expense, such as interest on loans, council rates, and minor repairs.

• Deductions spread over multiple years: These involve long-term expenditures like capital works or borrowing expenses.

Interest Expenses – A Major Red Flag For ATO

The ATO is scrutinising interest deductions closely. Remember, you can only claim interest for loans used to generate rental income. If your loan has mixed purposes (e.g., part for a rental property and part for personal use), only claim the portion relating to your rental income.

Repairs And Maintenance Vs. Improvements

Know the difference! Initial repairs following property acquisition aren't immediately deductible but can be claimed over several years as capital works. However, general maintenance and repairs, like fixing a broken window, can be deducted immediately. Replacements or upgrades, like renovating a bathroom, are considered capital improvements and are deductible over time.

Short-Term Rentals And Holiday Homes

If you own a property that's occasionally used personally or reserved for friends, you need to adjust your deduction claims. Excessive conditions or restrictions can also affect your claim. And if you're giving discounts to friends, your claimable expenses shouldn't exceed the income received.

Data Matching & Reporting

The ATO is leveraging advanced data-matching capabilities. With the new Residential Investment Property Loans (RIPL) and Landlord Insurance (LI) data-matching programs, they're better equipped to spot discrepancies. This ensures the correct reporting of income and deductions.

Seek Professional Help, But Be Responsible

A vast majority (around 87%) of taxpayers use registered tax agents for lodging rental property returns. While tax agents can offer invaluable advice and insights, it's essential to provide them with accurate data. After all, you are ultimately responsible for what's included in your return.

Top 10 mistakes to avoid as a rental property owner

As the tax season approaches, it's essential to be on top of the details, especially if you own a rental property. Making mistakes on your tax return can be costly, both in terms of money and time. To ensure you're well-prepared, here's a rundown of the top 10 mistakes rental property owners often make – and how to steer clear of them:

1. Confusing Initial Repairs with Capital Improvements: Avoid the trap of claiming immediate deductions for initial repairs on damages that existed when you purchased the property. These repairs, such as mending a broken window pane or fixing damaged floorboards, should be claimed over several years as capital works deductions. The same goes for full-scale improvements, like completely replacing a roof or renovating an entire bathroom.
2. Misunderstanding Loan Interest Claims: If you've taken out a loan for your rental property, remember you can only claim interest on the amount directly related to the rental property. If you've used some of the loan amount for personal purposes, like a vacation or buying a boat, that portion of the interest isn't deductible.
3. Miscalculating Borrowing Expenses: Borrowing expenses over $100 are deductible over a five-year span. If they're $100 or less, you can claim the full amount in the same income year you incurred the expense. Such expenses include loan establishment fees, title search fees, and the costs for preparing and filing mortgage documents – but not stamp duty on the property title.
4. Trying to Deduct Purchase Costs: You cannot claim deductions for the costs of purchasing your property. This includes conveyancing fees and stamp duty. However, keep track of these expenses, as they play a role in calculating capital gains tax if you decide to sell.
5. Mismanaging Construction Costs Claims: Extensions, alterations, and structural improvements can be claimed as capital works deductions, generally at 2.5% of the construction cost annually for 40 years. If a previous owner has claimed these deductions, ensure you get the necessary details to calculate your rightful deduction.
6. Misinterpreting Body Corporate Fees: Payments made to your body corporate administration fund can be deducted in full in the year they're incurred. However, if funds are raised for major capital improvements or repairs, you may be eligible to claim a capital works deduction for your share once the work is completed.
7. Not Apportioning Co-owned Properties Correctly: If you co-own a rental property, ensure you declare rental income and claim expenses according to your legal ownership. Joint tenants split it equally, while tenants in common might have varying ownership interests.
8. Failing to Apportion Deductions for Private Use: Deductions must be limited to periods directly related to earning assessable income. If only part of your property earns rent or it's rented for just part of the year, apportion your expenses. Be cautious if you rent to friends or family below market rates or keep your property vacant without clear intentions to rent it.
9. Neglecting Proper Record-Keeping: Maintaining accurate records of your rental property income and expenses is crucial for claiming deductions. Also, capital gains tax may apply when you sell, so hold onto all records during the ownership period and for seven years post-sale.
10. Misjudging Capital Gains When Selling: When selling your rental property, the difference between its cost (including improvements) and the selling price will determine if you've made a capital gain or loss. Ensure you don't double-dip by including amounts previously claimed as deductions.

End Note

In conclusion, ATO Assistant Commissioner Tim Loh sums it up perfectly: "Landlords and their registered tax agents need to take extra care when lodging this year." This year, ensure you're well-informed, diligent, and compliant to make tax time smooth sailing. For more detailed insights and resources, visit the official ATO website or contact Tax App, your trusted Property accountants, for all things accounting and taxation!