Can I still claim depreciation on plant and equipment on my holiday home if I use it twice a year?
This is the biggest grey area of all the legislative changes in my view and one that will require further clarification moving forward.
The Government in the Housing Tax Bill Explanatory Memorandum states that if a property is used in an “incidental way” or “occasionally used” then your depreciation eligibility on the Plant & Equipment does not stop if you acquired the plant & equipment prior to The Budget in May 2017.
Incidental Use is described as:
“Use is incidental if it is minor in the context of the overall use and arises in connection with another non-incidental use – for example staying at the property for one evening while carrying out maintenance activities would generally be incidental use.”
Occasionally Used is described as:
“Spending a weekend in a holiday home or allowing relatives to stay for one weekend in the holiday home free of charge that is usually used for rent would generally be occasional use.“
It’s a bit vague, isn’t it?
Does one week a year over Christmas nullify your claim? What about if you stay for Easter and Christmas?
What does this mean for all the Airbnb landlords out there that claim depreciation but move in when times are quiet but acquired the property prior to the budget? They went into that investment doing the maths on being able to claim the depreciation on a pro-rata basis based on the tax laws at the time?
Now if they use the apartment for an unknown time they may be disallowed the depreciation deduction.
Strangely, this Memorandum, differs from the ATO’s website which was updated on the 15th of December 2017 which indicates that “Gail and Craig” who use their property for 4 weeks a year can claim the depreciation? “Kelly and Dean” would appear to be ok as well!
Whilst the Memorandum doesn’t give a time frame… it indicates that a weekend is OK…I would’ve thought 4 weeks would’ve been stretching it?! Who knows – pick a number????
This is at a time when the ATO wants to target Airbnb hosts and pro-rata any capital gain tax exemption that may be applicable.
Hopefully, sense will prevail and if the holiday home is clearly available for rent – like 11 months of the years – it’s still an investment property.