By Steve Marsten
To all
property investors - on Wednesday 15th November, 2017 Parliament
passed the Treasury Laws Amendment (Housing Tax Integrity) Bill. This is the
biggest change to property investment rules in 15 years .
So an
outline of the legislation is that all contracts entered into for second hand
properties (purchased for investment purposes) after 7.30pm on 9th
May, 2017 will not get Depreciation deductions for existing plant and equipment
assets and removable and mechanical assets.
Assets like
Air conditioners; exhaust fans, garbage bins; smoke alarms; solar paneling and
hot water systems; dishwashers and blinds etc. Note that new additional assets
can still be claimed as before along with any capital works carried out on the
purchased property after the contract has settled. Assets like sheds; carport
or garage extensions and fencing etc.
Also what
appears interesting is that contracts signed (but perhaps not settled prior to
7.30pm on the 9th May 2017 do not appear to be affected. Not that
there will be many of these.
Commercial
property owners and tenants are unaffected by the legislation and should be
business as usual. They will continue to claim deductions on building
structures (subject to original build dates etc) as well as wear and tear on
plant and equipment assets.
Assets
affected by the change in legislation may still be useful in reducing future
capital gains or increasing capital losses.
And finally
the Quantity surveyors will not be out of a job in respect to the need for
investors buying new properties or still requiring an assessment on the
original build cost for the capital allowance claims. Their property reports
are still essential for supporting depreciation and capital allowance claims.
Also the cost of getting a Quantity surveyors report on an investment property
still remains tax deductible.
So if you
have any question on property and tax feel free to ring the experienced team at
Sothertons on 4972 1300.