30/06/2024
Great news! The Australian Taxation Office (ATO) has just issued TR 2023/3, clarifying that you can claim interest payments on your construction loan for your new investment property during the building phase. This ruling builds upon the original vacant land rules introduced in S.26-102 back in 2019.
If you're in the process of buying or have plans to buy a house and land package, this is important information to bear in mind.
Typically, under the vacant land rules, your property must genuinely be available for rent, meaning it should be completed with an occupancy certificate. While we've previously seen the High Court ruling in the Steele case allowing deductions, notably interest, in some cases before this stage, the TR 2004/4 outlines specific conditions following the Steele case. These conditions include ensuring that interest expenses are incurred with the aim of generating assessable income, ongoing efforts are being made toward that goal, and the period before any assessable income is derived doesn't exceed a reasonable timeframe, generally up to five years.
However, it's essential to note that other holding costs such as rates, land tax, and insurance won't be deductible until the property is genuinely available for rent. But, the good news is that interest expenses related to the construction drawdown will indeed be deductible.
As long as you maintain your intention to use the construction as an investment property, these expenses are deductible under S.8-1. Moreover, the vacant land rules don't apply to deny these expenses, as the ATO does not consider interest on a loan for property construction as a loss or outgoing related to holding land. You can refer to paragraph 26 of TR 2023/3 for further details.
Hope this helps! If you have any questions or need further clarification, feel free to reach out.
Image
Book time to meet with me