Loading
This thread is archived and the information may not be up-to-date. You can't reply to this thread.
anonymous01(Initiate)Initiate
20 Oct 2024

Hello

If an individual tax payer refinances investment property by taking out a new loan (which pays out/off the old loan) I understand one can claim the balance of the borrowing costs on the old loan in the next tax return (this is also noted in a prior question relating to refinancing investment property).

However if the borrowing costs on the old/prior loan were being claimed over 5 years and the individual erroneously omitted to claim the borrowing cost amount in 'one' of the prior years (eg 2021/22 tax year):

(i) Can that amount (that should have been claimed in the 2021/22 tax year) be claimed (as a deduction) when the loan is refinanced as part of the balance of the borrowing costs claimed

OR

(ii) Does the borrowing cost amount not claimed in the prior 2021/22 tax year rather need to be added to the the base cost of the investment property as that amount (relating to the 2021/22 tax year) was not claimed in the year that the amount should have been claimed in (ie the 2021/22 tax year).

I note the 2021/22 tax year which the borrowing costs should have been claimed in cannot be amended.

Thank-you

348 views
4 replies
348 views
4 replies

Most helpful response

Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
20 Oct 2024

Neither - you need to amend prior year.


All replies

Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
20 Oct 2024

Neither - you need to amend prior year.


anonymous01(Initiate)Initiate
21 Oct 2024

Hi Bruce

Many thanks for the prompt reply. I am unable to amend the 2021/22 tax return which the borrowing cost should have been claimed in (as the two year period has passed).

Therefore it appears from the response that I loose/forfeit the deduction.

In this instance, when one doesn't claim an eligible deduction, can it not be added to the base cost (for determining CGT when sell the investment property)?

Many thanks

Bruce4Tax(Taxicorn)Taxicorn
21 Oct 2024

I am unable to amend the 2021/22 tax return which the borrowing cost should have been claimed in (as the two year period has passed).


Yes you can - lodge objection on ATO form, and requesting ATO discretion to allow out of time.


In this instance, when one doesn't claim an eligible deduction, can it not be added to the base cost (for determining CGT when sell the investment property)?


No, because it was "claimable" - even if not claimed.


Loading
Borrowing costs on prior/old loan when refinance investment property | ATO Community