Comparison between Division 40 and Division 43: Strategies for Optimising Tax Depreciation

Written by

John

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When it comes to maximizing tax benefits for your rental properties, it’s essential to delve into the intricate details of depreciation. Two key factors play a pivotal role in determining these benefits:

Division 40 (Plant and Equipment) and Division 43 (Capital Works).

Understanding Division 40 – Plant and Equipment

Division 40 refers to plant and equipment, which include fixtures and fittings typically considered removable assets. The Australian Tax Office (ATO) assigns an effective life to each item, outlined in the Taxation Ruling document ‘Income tax: effective life of depreciation assets.’ which is usually updated every year.

Depreciation methods are crucial in Division 40. You can choose between the diminishing value or prime cost method, each impacting depreciation calculations differently. While both methods yield the same end value, the diminishing value method often leads to accelerated depreciation in the initial years.

For example, consider a dishwasher with a 10-year effective life. Under the diminishing value method, it depreciates at a rate of 20% annually until its value drops below $1,000. At this point, the depreciation rate increases to 37.5% under the low-value pooling system.

Exploring Low-Value Pooling and Immediate Write-Off

Assets with a written-down value of less than $1,000 qualify for low-value pooling, depreciating at an annual rate of 37.5%. Additionally, plant and equipment items costing $300 or less are eligible for an immediate full deduction.

Contrasting Division 40 with Division 43

In contrast, capital works items under Division 43 encompass non-removable structural elements of buildings. These include buildings, extensions, alterations, and structural improvements. Residential properties built after 15 September 1987 can claim capital works deductions over a 40-year period at a fixed rate of 2.5% annually.

Implications of Legislative Changes

Recent legislative changes, particularly from the Federal Budget of 2017, have significant implications for tax deductions for residential property investors. Notably, deductions for previously used plant and equipment in rental premises used for residential accommodation are no longer allowed. These changes apply from 1 July 2017 and affect properties acquired after 9 May 2017, with exceptions for certain contractual arrangements.

Exploring Division 43 – Capital Works Deductions

Division 43 refers to capital works deductions, which are vital for optimizing tax benefits. These deductions extend beyond residential properties to other building types, such as offices, warehouses, and accommodations. Deduction rates vary based on the building’s purpose and can be referenced through ATO guidelines.

Incorporating Preliminary Expenses

Preliminary expenses, including surveying and engineering fees, are also factored into capital works schedules. This ensures comprehensive tax benefits are leveraged to their fullest potential.

A detailed understanding of Division 40 and Division 43 provisions is crucial for optimizing depreciation claims and maximizing tax benefits for rental property investments. By navigating through these complexities with precision, investors can unlock significant savings and enhance their overall financial outcomes.

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