Tax up-date

 

  • 2004 work-related expense and rental audit programs
    Printable version

    In late June and early July, letters were sent to selected work-related expense (WRE) and rental deduction claimants.

    These letters advise taxpayers that there will be an increased focus on WRE and rental claims in 2004 year returns. The letters also list some of the common mistakes to avoid and let taxpayers know where they can get extra help. For most taxpayers, there is no need to do anything other than to note the need to take care.

    Some of the letters ask taxpayers to complete a WRE schedule when they fill out their 2004 tax return. This schedule, which seeks more detail on the claims made, will be reviewed by our compliance officers when it is returned to us.

    We have taken care in our case selections to see that completion of schedules will not impose unreasonable added work on tax practitioners. The letters issued to both self preparers and tax practitioner clients and covered a selection of occupations. Case selection included some 2003 tax returns, large claims and large increases in claims between years.

    Why focus on WRE and rent?
    Over six million taxpayers claim work-related expenses worth almost $10 billion and the numbers are increasing. Not all expenses are deductible and errors are being made, both by self preparers and tax practitioners.

    Taxpayer involvement in rental properties is also increasing with over 1.3 million taxpayers showing income or deductions at rental labels in their tax returns. Again some common errors are being made.

    The common errors
    There are some common errors that can be avoided:

    Work-related expenses
    Motor vehicle claims made using the ‘log book’ method where there is no valid log book.
    Clothing being claimed where qualifying conditions are not met.
    Self education claims made where there is no work connection at the time the expense is incurred.
    Students receiving AUSTUDY or ABSTUDY payments incorrectly claiming self education expenses against those payments.
    Taxpayers incorrectly calculating decline in value deductions as well as not apportioning deduction claims between business and private use. This applied particularly to home computer, internet usage and mobile phone claims.
    Claims made for home office expenses based on occupancy costs where the home is not considered to be a place of business.
    Claims made for meal expenses where no overtime meal allowance has been declared.
    Claims where there is no connection to current employment income, and
    Ongoing FID claims. FID was abolished with effect from 1 July 2001.
    Rental deductions
    Claiming the cost of carrying out initial repairs – such as rectifying damage, defects or deterioration that existed at the time of purchasing the property – as immediate deductions. These costs are capital expenditure.
    Claiming renovation costs as deductions for repairs – again, these are expenses of a capital nature and may be claimed as capital works deductions. The Tax Office is investigating claims for repairs which are really capital improvements, such as remodelling bathrooms and kitchens and adding a deck or pergola.
    Claiming deductions for a property that is not genuinely available for rent or is rented for only part of the year.
    Including the cost of the land in capital works deductions (i.e. as part of the construction cost of the rental property).
    Claiming construction costs as decline in value deductions (previously known as depreciation).
    Overstating interest deductions by including amounts related to private borrowings – interest on a loan taken out for both income-producing and private purposes, such as the purchase of a rental property and a private motor vehicle, needs to be apportioned into deductible and non-deductible parts, according to the amounts borrowed for the rental property and for the private purpose.
    Not apportioning travel expenses where the visit to the rental property is combined with another purpose, such as a holiday.
    Claiming deductions for items incorrectly classified as depreciating assets. The Tax Office has produced a comprehensive list of over 230 items found in residential rental properties and identified them as either depreciating assets and eligible for a decline in value deduction, or as assets eligible for a capital works deduction. The list is included in Rental properties 2003-04.
    This information should be shared with the staff in your practice that assist with the preparation of the individual return forms.