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Investment Property Tax Deductions: Negative Gearing, Depreciation, CGT

Introduction

Investment property owners can claim a range of tax deductions against rental income, reducing taxable profit. The main deductions include mortgage interest, rates and land tax, insurance, repairs, depreciation, and capital allowances on chattels and fixtures. Negative gearing occurs when deductions exceed rental income, creating a tax loss that can be offset against other income (e.g., salary). Capital gains tax (CGT) applies when you sell the property; the gain is 50% of the profit for individuals holding the property >12 months (main residence exemption does not apply to investment property). Understanding these rules is essential for tax-efficient investment structuring.

Mortgage Interest, Rates, and Insurance Deductions

Mortgage interest is the largest deductible expense for investors. Interest on loans used to purchase or improve rental property is fully deductible. As at FY25–26, with variable rates near 5.75–6.25% p.a., interest on a AUD 500,000 loan (AUD 28,750–31,250 per annum) can be claimed. Council rates, land tax, and water rates are deductible; however, capital components (rates used to fund infrastructure) are not separately deductible. Insurance premiums (landlord insurance, loss of rent insurance) are fully deductible. Strata levies (for apartments) are deductible if they cover insurance and maintenance; contributions to reserve funds may be capital and non-deductible, depending on the levy breakdown.

Repairs, Maintenance, and Depreciation

The Australian Taxation Office (ATO) distinguishes between repairs (deductible) and capital improvements (not deductible, but depreciation applies). Repairs restore property to its original condition (e.g., repainting, roof repair); capital improvements increase useful life or functionality (e.g., renovating the kitchen, adding a new bathroom). Repairs are 100% deductible in the year incurred. Capital improvements trigger depreciation deductions over the asset’s effective life (typically 25–40 years for structural components, 5–15 years for plant and fittings). Depreciation on residential rental property used to be claimable under Division 43 rules but has been subject to recent reforms; consult a tax agent for current depreciation schedules, as rules changed in FY20–21 for post-2017 purchases.

Capital Gains Tax and Main Residence Exemption

When you sell an investment property, capital gains tax applies to the gain (sale price minus cost base). The cost base includes purchase price, stamp duty, legal fees, and capital improvements. For individuals, 50% of the gain is included in taxable income if the property was held >12 months (the 50% CGT discount); the remaining 50% is not taxed. Companies do not receive the discount and are taxed on the full gain at 30% corporate tax rate. If the property is your main residence at the time of sale, the main residence exemption eliminates CGT entirely; once you move out, the exemption ceases, and future gains are taxable. Mixed-use properties (e.g., home office) may be partially exempt.

Negative Gearing and Income Offsetting

Negative gearing occurs when annual deductions exceed rental income. For example, if rent is AUD 24,000 but interest, rates, and repairs total AUD 28,000, the loss is AUD 4,000. This loss can be offset against other income (e.g., salary), reducing tax on that income. For a high-income earner in the 37% tax bracket (plus 2% Medicare levy), offsetting AUD 4,000 creates a tax saving of approximately AUD 1,560 (37% + 2% of AUD 4,000). Negative gearing is permissible indefinitely; the property need not be profitable in the year incurred. However, the ATO scrutinizes claims where properties are continuously loss-making and interest is deductible but principal is not paid down (a common “negative gearing” strategy). Ensure your investment intent is genuine and documented.

FAQ

Q: Can I claim depreciation on the land component of my investment property?
A: No. Land does not depreciate; depreciation applies only to buildings and chattels (fixtures, fittings, plant). The cost base is usually split by a valuer into land (non-depreciable) and building (depreciable). Buildings on residential rental properties purchased after 18 February 2020 cannot be depreciated under current ATO rules; consult a tax agent for pre-2020 properties or non-residential investments.

Q: If I use one room of my investment property as a home office, can I claim the full building depreciation?
A: No. You must apportion the depreciation to the rental portion only. If 80% is rented and 20% is personal use, only 80% of depreciation is claimable. Clearly document the apportionment with your tax agent.

Q: What happens to negative gearing losses if I never sell the property?
A: Losses can be carried forward indefinitely and offset against future rental income or capital gains when the property is eventually sold. However, the ATO expects you to make reasonable efforts toward profitability within a defined timeframe (typically 5–10 years); indefinite losses may trigger audits if coupled with personal residence risk.

Q: Does the 50% CGT discount apply if I sell after holding for exactly 12 months?
A: Yes. The rule is ≥12 months. Selling on the 365th day of ownership qualifies for the 50% discount. However, the discount applies to the gain, not the purchase price; all holding costs (interest, rates) reduce the gain basis.

Q: If the property is owned by a trust or company, what CGT discount applies?
A: Trusts and companies do not receive the 50% CGT discount available to individuals. They are taxed on the full gain at their marginal rate (trust: beneficiary’s rate, typically 37%; company: 30%). This is a key reason why many investors hold properties personally rather than in a company.

Sources

This article is informational only and not financial or legal advice.


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