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Breaking down the latest ATO determination on TRIS
ATO states estimates are acceptable

 

Tax Ruling 97/25 details the requirements

       

Subsection 262A (4AJA) of the 1936 Income Tax Assessment Act requires the previous owner of a property to provide the new owner with relevant construction cost information. This is designed to allow the new owner to determine any capital works deductions that may be available.

Capital works deductions refer to claims that can be made due to the wear and tear of the building structure; including walls, floors and roofs.

It is the requirements outlined in Subsection 262A (4AJA) which leads BMT Tax Depreciation to request any available construction costs and details from property owners each and every time a tax depreciation schedule is produced.

Legislation recognises that this transfer of information between owners is not always possible for a multitude of reasons and has included a provision in the Act to allow the construction cost estimates prepared by a qualified professional to be submitted.

Outlined within TR 97/25 is the list of professionals deemed qualified to provide construction cost estimates.

This list includes:

  • Quantity Surveyors
  • Clerks of Works such as Project Officers for major building projects
  • Supervising Architects who approve payments on major projects and
  • Builders who are experienced in estimating construction costs for similar projects

TR 97/25 enables investors and Developers of projects to retain a suitably qualified professional with the most relevant experience and the most comprehensive schedule, even if that particular professional was not involved during the construction phase of the property.

This ruling has been strengthened by an ATO Issues Log in October 2006 (A235 Building Cost Estimate Acceptance). The ATO Issues Log confirmed that construction cost estimates from an appropriately qualified professional such as a Quantity Surveyor would be accepted in the case where a property owner had not made a reasonable effort to obtain the actual cost details from the previous owner.

The provision of construction costs as required by Subsection 262A (4AJA) is just a portion of the deductions calculated when completing a tax depreciation schedule.

When discussing depreciation, it is important to note that there are two areas in which a Quantity Surveyor will estimate and calculate deductions: the division 43 capital works deduction and division 40 plant and equipment depreciation.

In most cases it is the deductions related to plant and equipment items which lead to the greatest difference between depreciation schedules. Subsection 262 (4AJA) only refers to the deductions available from capital works deductions.

Plant and equipment will have a substantial impact on the depreciation deductions an investor or commercial property owner can claim when a specialist Quantity Surveyor compiles a comprehensive Capital Allowance and Tax Depreciation Schedule.

 

Bradley Beer
BMT Tax Depreciation
 

 

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