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xbmono(Initiate)Initiate
4 Oct 2024

Hi

I have seen similar questions but I guess mine is a bit different.

So we have rented our unit and it's been rented from the day 1 we bought the unit.


At some point there has been many issues with the building and the building was brand new when we bought it.


There was a number of challenges and one of the owners sued the owner's corporation claiming we neglected the issues with their unit but in fact we had issues with the property developer and the developer delayed the process of fixing issues until at some point they filed for bankruptcy


We then recruited a lawyer to investigate and potentially sue the developers for their negligence and defects etc.


So now we have three different special levies paid for that financial year:

  • for the purpose of covering ongoing legal cost: This was to pay the owner of the unit who sued the owners corp as the lawyers came to an agreement to avoid going to the court
  • Engineer investigative works: This was when owners asked a lawyer firm to investigate and potentially sue the developers of the building for defects etc.
  • For the purpose of 4 months of insurance premium funding: Not sure what exactly was this for.

So all these payments and their related works are done now.

The question I have is, whether these can be deductible for fy23-24 and if yes, where do they fit in? Capital work or Body corporation fee or Legal fee or somewhere else?


Any help is appreciated



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DonaldT(Champion)Champion
5 Oct 2024

See or look up:


forms-and-instructions/rental-properties-2023/worksheet-work-out-your-net-rental-income-or-loss


Assuming you paid all those special levies in 2023-2024, they belong in the Expenses - Body Corporate Fees and Charges item


The four months of insurance premium funding could be because the body corporate went over-budget (on other non-insurance costs) and ran out of money in the middle of its financial year and before it could pay the insurance premium in full. Or it could be that the insurance premium was increased by the insurer faster than the body corporate budget planned for.

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Most helpful reply

DonaldT(Champion)Champion
5 Oct 2024

See or look up:


forms-and-instructions/rental-properties-2023/worksheet-work-out-your-net-rental-income-or-loss


Assuming you paid all those special levies in 2023-2024, they belong in the Expenses - Body Corporate Fees and Charges item


The four months of insurance premium funding could be because the body corporate went over-budget (on other non-insurance costs) and ran out of money in the middle of its financial year and before it could pay the insurance premium in full. Or it could be that the insurance premium was increased by the insurer faster than the body corporate budget planned for.

xbmono(Initiate)Initiate
7 Oct 2024

Thanks but what confusing is this paragraph:

Similarly, if the body corporate levies a special contribution for major capital expenses to be paid out of the general purpose sinking fund, you will not be entitled to a deduction for this special contribution amount. This is because payments to cover the cost of capital improvements or repairs of a capital nature are not deductible;


That's from here

So isn't the special levy here the same as repairs of a capital nature?

DonaldT(Champion)Champion
20 Oct 2024

Legal fees, engineering consultancy fees, and part payments of insurance premiums are all not capital expenditure. They are all generally management / administrative costs.


Possible exception, if you paid for engineering investigations for the purpose of adding an elevator to a multi-storey building with no such elevator to begin with, then in my opinion the engineering fee and the cost of the elevator would be capital improvement costs and not deductible against rental income.


I could be wrong, but I doubt it.

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