Private ruling: Rental property - repairs
Published: September 2013
Ruling period: Year ended 30 June 2012
Date scheme commenced: 1 July 2012

Ruling: Q1: Are you entitled to claim a deduction for repairs performed at your rental property? | A1: Yes

Relevant facts and circumstances: You hold an income producing rental property. During the 2012-13 financial year repairs were performed at your rental property. The repair was undertaken with an equivalent material to the existing material.

Relevant legislative provisions: Income Tax Assessment Act 1997 Section 25-10

Reasons for decision: Summary: Section 25-10 of the Income Tax Assessment Act 1997 (ITAA 1997) allows a deduction for non capital expenditure incurred on repairs to plant or premises held or used for producing assessable income. The word 'repair' is not defined within the tax legislation. Accordingly, it takes its ordinary meaning. Repair involves a restoration of a thing to a condition it formerly had without changing its character. Taxation Ruling TR 97/23 also provides that a 'repair' involves making good defects, damage or deterioration. It includes the renewal of parts but the term does not imply a total reconstruction. What is a 'repair' for the purposes of section 25-10 of the ITAA 1997, is a question of fact and degree having regard to the form, state and condition of the particular property and its functional efficiency when the expenditure is incurred and to the nature and extent of the work done. A 'repair' may involve some improvement but only to a minor and incidental extent. A renewal, as distinguished from repair, is reconstruction of the entirety, meaning not necessarily the whole but substantially the whole. The courts in considering repair cases have interpreted the term 'entirety' to be something separately identifiable as a principal item of capital equipment. Work done to a part of a property, though not amounting to a replacement or reconstruction of an entirety, may still be capital expenditure and not deductible because it amounts to an improvement. The repairs performed at your rental property were merely a restoration to the former state of the repaired items. There is no change to the function of these items, and they have not been replaced with superior quality items. Therefore there is no improvement to the property. In summary, the expenditure incurred by you is considered repairs and is not capital in nature. The expenditure is therefore allowable as a deduction under section 25-10 of the ITAA 1997.