Remediation tax issues

Clinton asks:
(updated on Friday, October 02nd 2020)

I own a unit in a block which had some leaky home remediation done. I am in discussions with the IRD over whether this is capital or maintenance. So I’m aware this is a complex area and it’s not my question for today. My issue is that I couldn't rent out the unit for about six months while the remediation was being completed.

I am concerned that the IRD will say that the unit was not available for rent during that time and that, as a result, I should not have claimed my interest payments as a deductible expense during that time. Can I have your view on this please?

 

 

 

 

 

Our Experts Answer:

Sorry to hear you are dealing with this: It’s very difficult. I believe there is a subtle but important difference between the property being rendered un rent-able as opposed to it being unavailable for rent. A property that is made unavailable is one where the taxpayer has opted not to seek income from it. For example: if they have decided to let a family member live in it rent free.

In your circumstances, I am sure you would have loved to have rented it but the remediation rendered this impossible. I believe in your circumstances the property is still available for rent but simply can't be rented. I believe this should enable the revenue account holding costs to remain deductible during the remediation period where the property will be re-rented as soon as it physically can be.

 

 

 

 

Most Read

Unity First Home Buyer special 3.99
ICBC 4.25
SBS FirstHome Combo 4.29
Co-operative Bank - First Home Special 4.35
TSB Special 4.39
Co-operative Bank - Owner Occ 4.45
ASB Bank 4.49
SBS Bank Special 4.49
Unity Special 4.49
Westpac Special 4.49
Kiwibank Special 4.49
Westpac Special 4.45
SBS Bank Special 4.49
BNZ - Std 4.49
Kiwibank Special 4.49
TSB Special 4.49
AIA - Go Home Loans 4.49
ASB Bank 4.49
Co-operative Bank - Owner Occ 4.49
ICBC 4.59
Wairarapa Building Society 4.59
Unity Special 4.65
SBS Bank Special 4.99
Westpac Special 4.99
ICBC 4.99
BNZ - Std 4.99
AIA - Go Home Loans 5.15
ASB Bank 5.15
Co-operative Bank - Owner Occ 5.19
ANZ 5.39
TSB Special 5.39
Kiwibank Special 5.39
Kainga Ora 5.49
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.74
CFML 321 Loans 4.25
Co-operative Bank - Owner Occ 4.99
Co-operative Bank - Standard 4.99
Heartland Bank - Online 5.30
ICBC 5.39
Kiwibank - Offset 5.65
Kiwibank 5.65
ANZ 5.69