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Tax treatment of holding costs following disposal of a rental property: post-cessation interest (3)

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When selling a residential rental property that's not rented out or available for lease, there's concern about claiming ongoing interest expenses after the sale. The tax rules create differences between:

  • Taxpayers who built or renovated their rental properties while owning the land.
  • Taxpayers who bought pre-existing rental properties.

For example, if you built or substantially renovated a property you rented out, the tax rules might treat it as "vacant land" if it's sold without a tenant. This could mean you can't claim deductions for ongoing interest expenses after the sale.

On the other hand, if you bought a pre-existing rental property without renovating it much, you might still be able to claim these deductions if the property isn't rented out when sold.

Example: Bettina bought land, built a house, and rented it out. When the tenant left and she sold the property at a loss, she still owed interest on her loan shortfall. However, because she built the property herself, she might not be able to claim this interest as a deduction.

If Bettina had bought a pre-existing rental property, she might have been able to claim the interest deduction.

 

Got questions? Reach out to Tax Ideas Accountants & Advisers at +61 2 83181545 or book an appointment on our live calendar.


Tags: Estate Tax

Written by Ideas Group

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