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Dani85(Initiate)Initiate
20 Aug 2024

Hi,

This question has been asked before but the post is archived and may not be current therefore I am seeking a current answer.

If I have a property that I rent out and it has a fibro (asbestos) roof, and I replace the roof, am I entitled to claim an immediate deduction for the entire cost?

I note the response to the original question references tax ruling TR 2020/2, relating to environmental protection due to the hazardous nature of asbestos.

However, the Asbestos Eradication and Safety Agency themselves provide that (as general advice only, hence why I'm asking here) only the cost of the removal/demolition of the asbestos roof would be able to be claimed as an immediate deduction, because the replacement with a new roof would be considered capital expenditure.

The response to the question asked here replace roof due to Asbestos | ATO Community stated that the entire cost would be able to be claimed as an immediate expense, "if the replacement of the roof was for the dominant purpose of preventing asbestos pollution". This is the logical response, given that the only solution to removing an asbestos roof is replacing it as there is no repair option available to asbestos, and the property needs a roof. Replacing it is not making an improvement to the home (other than preventing the asbestos pollution from a damaged roof of course) as it already had a roof.

However, I am interested to know whether this response is still current and accurate.

As a side note if there were some government incentive to replace asbestos roofs....that someone might know about that I could apply for?


2,330 views
5 replies
2,330 views
5 replies

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Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
20 Aug 2024

Hi @Dani85


TR2020/2 is still current so the response is accurate


Toby

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Most helpful reply

TobyJDodd(Devotee)Registered Tax Professional
20 Aug 2024

Hi @Dani85


TR2020/2 is still current so the response is accurate


Toby

tim8lack(Newbie)Newbie
12 Sept 2024

Hey Toby - is an expense for this purpose claimed as a "repair"?

Matt_ATO(Community Support)Community Support
13 Sept 2024

Howdy @tim8lack,


My apologies for the confusion! The earlier response you mentioned may have caused confusion because while the dominant purpose test applies to asbestos removal, it doesn’t extend to the cost of installing a new roof. That part remains capital in nature.


The ruling specifies that environmental protection activities include actions to prevent or remedy pollution. Which covers the removal of asbestos.


Replacing the roof is seen as an improvement to the property. Which falls under capital works and is depreciated over time. (See example 7 of the ruling)


Regarding government incentives, there are various programs and grants available for asbestos removal. These can vary by state and local government. It would be best to check with your local council or the Asbestos Safety and Eradication Agency.


[edited by moderator to add more information 19/12/2025]

tim8lack(Newbie)Newbie
27 Sept 2024

@TobyJDodd @Matt_ATO

Hi Matt,


In the ruling it mentions that the covered environmental protection activities include "replacing removed materials, only where this results in a minor degree of alteration and improvement."


In the ruling there are two examples regarding the limit on deductions for replacing pollutant materials.

  • In Example 8, a person replaces and asbestos roof with a roof of superior materials. In that example, the removal of asbestos is covered, but not the replacement of the roof as the new roof is of superior quality.
  • In Example 9, the person removes asbestos wall cladding and replaces it with a comparable asbestos free material. Specifically "James engaged a building contractor to remove the asbestos sheeting and re-sheet the walls with replacement material that was safe but of a similar condition and quality". In that case both the removal and replacement are covered, as this is not an improvement, as the new material is of comparable quality.


In my case I am seeking to remove a corrugated asbestos roof for the dominant purpose of removing the asbestos, and replace with a corrugated iron roof of the same form factor. I believe this to be a safe and comparable material. Based on the wording of the ruling and the examples provide, I would expect that the full costs would be immediately deductible. The previous opinion seems to support this:


https://community.ato.gov.au/s/question/a0J9s0000001E9O/p00030701


Please let me know your thoughts. Thanks.

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