Select to expand quote
Mark _australia said..
FN - what about work premises for business and of course putting in rent as a business expense? Finding a good deal is maybe dangerous....?
What's the question? The ATO only really care that businesses or investments are really businesses or investments.
If you set up a business to rent windsurfing gear (to yourself and almost no one else) and wrote off the cost of boards each year, I suspect it wouldn't survive an audit.
A good deal is fine, as long as you can justify it. If you found a place where the owner has not been able to get a tenant, and then gets one at a certain price, then you can say that this is the real market rate. It always helps if its at arm's length, and through an agent would help as it shows there is no direct connection.
I suspect that Remery might have gotten away with it if it was argued that there was something wrong with the place and the rent was reduced accordingly, and it was through an agent.
But in reality, these investment properties are only allowed to claim costs if they are genuine, and this means renting them at market rates. If they are not available most of the time, or no effort is really made to rent them out, then the ATO will see it that you are just trying to write off the costs and not make money from it... which is what an investment is meant to be.
I have an investment property now that is rented out. Before it was rented out I had to renovate it. I won't be able to claim the costs of the property at that point because it wasn't available for rent. I think you can get away with repairing it inbetween lettings, but if you buy a place and then spend a significant time fixing it up and it is not available for rent because of this, you shouldn't be claiming interest costs and other operating costs.