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Taxing rental properties - selected issues seminar paper

Published on 25 Nov 04 by VICTORIAN DIVISION, THE TAX INSTITUTE

This paper examines a range of issues of relevance to both landlords and tenants, including:

  • new Draft Taxation Ruling TR2004/D18 on lease surrender payments and receipts
  • tax treatment of lease incentives
  • joint ownership of rental properties
  • whether tenants can claim a capital loss for tenant's leasehold improvements when the lease ends?
  • can tenants claim a tax deduction or capital loss for property restoration works when the lease ends?
  • availability of small business CGT concessions to landlords who sell commercial rental properties, holiday apartments, hostels, student accommodation or properties occupied by 'connected entities'
  • sale of a going concern conducted on leased real estate - does the GST exemption apply if the buyer can't or doesn't need to take over the lease?
  • stamp duty treatment of tenant's fixtures - new section 22A of the Duties Act.

Author profile

Ronald Jorgensen CTA
Ron principally consults on Commonwealth and State tax laws, tax dispute resolution and compliance enforcement. Ron specialises in trusts and trust disputes, succession and asset protection, business and investment structuring and tax sensitive commercial and property transactions. Ron is an Accredited Specialist Tax Law and member of the Tax Law Advisory Committee with the Law Institute of Victoria. He is a member of the Law Institute of Victoria and The Tax Institute. Ron is a member of the Tax Technical Committee (Vic), a member and former chair of the States Taxes Committee (Vic) and former representative of the Victorian State Taxes Consultative Council for The Tax Institute. Ron is a member of the Property Council of Australia Tax Committee (Victorian Division). Ron was recognised by Doyle’s Guide as a Recommended Leading Tax Lawyer for 2015, 2016, 2017 and 2018. - Current at 07 August 2019
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Taxing Rental Properties - Selected Issues

Author(s):  Ron JORGENSEN

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