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ATO Interpretative Decision

ATO ID 2007/67 (Withdrawn)

Income Tax
Capital gains tax: third element of cost base - travel and accommodation costs relating to initial repairs

Attention This ATO ID is withdrawn. Guidance on the issue contained in this ATO ID can be found in What is the cost base? (QC 17161).
Attention This document has changed over time. View its history.
FOI status: may be released
Status of this decision: Decision withdrawn 24 March 2017.

CautionCAUTION: This is an edited and summarised record of a Tax Office decision. This record is not published as a form of advice. It is being made available for your inspection to meet FOI requirements, because it may be used by an officer in making another decision.

This ATOID provides you with the following level of protection:

If you reasonably apply this decision in good faith to your own circumstances (which are not materially different from those described in the decision), and the decision is later found to be incorrect you will not be liable to pay any penalty or interest. However, you will be required to pay any underpaid tax (or repay any over-claimed credit, grant or benefit), provided the time limits under the law allow it. If you do intend to apply this decision to your own circumstances, you will need to ensure that the relevant provisions referred to in the decision have not been amended or repealed. You may wish to obtain further advice from the Tax Office or from a professional adviser.


Issue

Can a taxpayer who incurs travel and accommodation costs to carry out initial repairs on a property they use for income producing purposes, include these costs as part of the cost base of the property under the third element in subsection 110-25(4) of the Income Tax Assessment Act 1997 (ITAA 1997)?

Decision

Yes. Travel and accommodation costs incurred to carry out initial repairs can be included as part of the cost base of the property under the third element in subsection 110-25(4) of the ITAA 1997.

Facts

The taxpayer purchased an investment property in the 2001-02 income year. The property was located a substantial distance from the taxpayer's residence.

Shortly after its acquisition, the taxpayer carried out minor repairs and renovations to the property to make it more attractive to potential tenants.

During the course of the repairs and renovations, serious white ant damage was discovered. The taxpayer incurred substantial expenditure in rectifying the damage.

On completion of the repairs and renovations, the property was rented to tenants.

All of the repairs and renovations were initial repairs of a capital nature and the costs incurred by the taxpayer in making them were therefore not deductible.

The taxpayer also incurred substantial travel and accommodation costs. These costs were also not deductible as they are capital costs.

The taxpayer sold the property in the 2005-06 income year. In working out the amount of their capital gain, the taxpayer sought to include the travel and accommodation costs in the cost base of the property under the third element.

Reasons for Decision

Subsection 110-25(4) of the ITAA 1997 provides that the third element of the cost base of an asset acquired after 20 August 1991 is the costs of owning the asset. The costs include, but are not limited to, costs of maintaining, repairing or insuring it, interest on money borrowed to acquire the asset or to refinance such a borrowing, interest on money borrowed to finance capital improvements to the asset, and if the asset is land, rates and land tax.

For costs to fall within the third element of the cost base of an asset, they must be costs of owning the asset. Travel and accommodation costs will be costs of owning the asset where the carrying out of the repairs on the asset is the sole or main purpose of the travel and accommodation.

In this case, travel and accommodation costs incurred in carrying out initial repairs to the property are costs of owning the property, because the sole or main purpose of the travel was to undertake the repairs. Therefore, these costs can be included in the third element of the cost base of the property under subsection 110-25(4) of the ITAA 1997.
Note 1
The costs of owning a CGT asset are not included in the reduced cost base of an asset (subsection 110-55(2) of the ITAA 1997).
Note 2
Travel and accommodation costs incurred to carry out initial repairs of a capital nature where the property is not income producing, for example a holiday house, can also be included in the third element of the cost base of the property, provided the conditions in subsection 110-25(4) of the ITAA 1997 are satisfied.

Date of decision: 8 March 2007

Year of income:Year ended 30 June 2006

Legislative References:
Income Tax Assessment Act 1997
   subsection 110-25(4)
   subsection 110-55(2)

Related Public Rulings (including Determinations)
Taxation Ruling TR 97/23
Taxation Determination TD 98/19

Related ATO Interpretative Decisions
ATO ID 2003/772
ATO ID 2003/773
ATO ID 2004/732

Keywords
Accommodation expenses
Capital gains tax
CGT cost base
CGT reduced cost base
Initial repair expenses
Repairs & maintenance expenses
Repairs in entirety
Travel expenses

Siebel/TDMS Reference Number: 5549380; 1-AWX0G8I

Business Line: Small Business/Individual Taxpayers

Date of publication: 20 April 2007

ISSN: 1445-2782

ATO ID 2007/67 (Withdrawn) history   Top  
   Date   Version 
    8 March 2003   Original statement   
 You are here ®  24 March 2017   Withdrawn   


 


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