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kishorepsk1983(Initiate)Initiate
13 Feb 2026

I have demolished an asbestos impacted garage shed to build granny flat in that place. Can i claim cost of demolition as per TR2020/2 or any other active ATO circular? If not fully deductable, can i claim as capital expenditure with 2.5% depreciation?

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1 replies
45 views
1 replies

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Most helpful reply

Taxduck(Taxicorn)Taxicorn
13 Feb 2026

You would need to get a private ruling for a binding answer on deductibility. See this private ruling for a similar question

1052203132843 | Legal database

Demolition of the garage is not a construction cost of the granny flat. So not claimed as capital works. From ruling (paragraph 8)

"capital expenditure on land (on which the capital works are to be constructed), including clearing, demolition and landscaping costs, is not part of construction expenditure."

TR 97/25 | Legal database

If the garage is depreciating under capital works then there would be a balancing adjustment.

Disposing or ceasing to use a depreciating asset | Australian Taxation Office

The cost of demolition would be a cost base cost (element 4)

Cost base of assets | Australian Taxation Office

All replies

Most helpful reply

Taxduck(Taxicorn)Taxicorn
13 Feb 2026

You would need to get a private ruling for a binding answer on deductibility. See this private ruling for a similar question

1052203132843 | Legal database

Demolition of the garage is not a construction cost of the granny flat. So not claimed as capital works. From ruling (paragraph 8)

"capital expenditure on land (on which the capital works are to be constructed), including clearing, demolition and landscaping costs, is not part of construction expenditure."

TR 97/25 | Legal database

If the garage is depreciating under capital works then there would be a balancing adjustment.

Disposing or ceasing to use a depreciating asset | Australian Taxation Office

The cost of demolition would be a cost base cost (element 4)

Cost base of assets | Australian Taxation Office

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Demolition costs of garage with asbestos | ATO Community