Property & Tax UpdateEntry
On 23 March 2021, changes to tax rules for investment properties took investors by surprise. There has been widespread commentary with more to come as the details unfold.
In overview:
The bright-line test has been extended from 5 to 10 years for properties purchased on or after 27 March 2021
The current exemption for the main home changes for properties acquired on or after 27 March 2021, making them subject to a ‘change of use’ rule
From 1 October 2021 property owners will not be able to claim interest on residential investment property acquired on or after 27 March 2021, and interest deductions on borrowings for residential investment property acquired before 27 March 2021 will be phased out over the next four income years.
Bright-line extension
Different rules apply for different scenarios:
For properties purchased from 27 March 2021, the bright-line test period is 10 years.
If you already own a rental, and, the old rules apply:
a 5-year bright-line test if you purchased the property on or after 29 March 2018, or
a 2-year bright-line if you purchased the property from 1 October 2015.
If it’s a new build, the proposal is that it will be subject to a 5 year bright-line test.
If you’re in the middle of buying a residential rental property, please seek advice as it’s more complex.
‘Change of use’ and the main home exemption
If a property switches from being the owner’s main home for more than 12 months, then a proportion of the sale profits of a property sold during the bright line period will be taxed, based on the ratio of time that the property was and wasn’t used as the main home. The existing main home exemption rules continue to apply for residential property acquired on or after 29 March 2018 and before 27 March 2021.
Interest deductibility
The rules are graduated depending on when the property is acquired:
for residential property acquired on or after 27 March 2021, taxpayers won’t be able to claim deductions for interest from 1 October 2021
for properties acquired before 27 March 2021, interest on loans can still be claimed as an expense. From 1 October 2021 – 31 March 2023, the amount claimable will be reduced to 75%, reducing by 25% each following income year, until it is phased out completely from 1 April 2025.
Property developers and builders who build properties to sell will still be able to claim their interest expenses.
Our Recommendation
Some of the proposals are subject to consultation. If you own a residential rental or one used for short-stay accommodation, or if you are considering buying a second property, please contact us, to discuss the tax implications.