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DKL(Newbie)Newbie
22 July 2023

Below are the relevant details pertaining to my situation:

  1. Land Purchase: I purchased and settled the land intended for a residential investment property in June 2022.
  2. Stamp Duty Notice and Payment: In July 2022, I received the stamp duty notice from the ACT Revenue Office and subsequently made the payment in August 2022.
  3. Property Status: As of 30 June 2023, the property is still under construction and is expected to take an additional 2 months before becoming available for rent.

I am seeking clarity on the following matters:

  1. Stamp Duty Deduction: Am I allowed to claim the stamp duty paid for the land purchase as a tax deduction under these circumstances?
  2. Reporting in Tax Return: If the stamp duty is claimable, could you kindly guide me on where to appropriately enter this deduction in my tax return? As the property is still under construction and not yet generating rental income, I understand that I cannot create a rental schedule.
  3. Impact on Cost Base: If I am unable to claim the stamp duty as a deduction, will it be included in the cost base of the property for future reference?
  4. Vacant Land Categorization: Due to current laws, the property is classified as vacant land, rendering me ineligible to claim Council Rates, Water Rates, Interest, and other borrowing and holding expenses. is my understanding correct?


Thank you for the help.


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3 replies
711 views
3 replies

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Bruce4Tax(Taxicorn)Taxicorn
23 July 2023

  1. Would be deductible if property was immediately available for rent, but in this case comes under vacant land rules - add to cost base
  2. See # 1
  3. Yes
  4. Yes - but if interest on a construction loan is deductible - NTAA 2022 Tax School Day 1


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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
23 July 2023

  1. Would be deductible if property was immediately available for rent, but in this case comes under vacant land rules - add to cost base
  2. See # 1
  3. Yes
  4. Yes - but if interest on a construction loan is deductible - NTAA 2022 Tax School Day 1


DKL(Newbie)Newbie
23 July 2023

Thank you @Bruce4Tax for the prompt response. However, can you please explain point 4? Am I correct in my understanding that Interest will be deductible for me even though the property is under construction?

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Stamp Duty Deduction for Residential Investment Property in ACT (Vacant Land) | ATO Community