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๐Ÿ†• What's Changed: The ATO's New Rental Property Ruling

The biggest development for rental property owners this year is the finalisation of Taxation Ruling TR 2026/1 โ€” the ATO's most comprehensive public guidance on rental property income and deductions in years.

The ruling covers:

  • What counts as rental income (including bond money you keep, insurance payouts for lost rent, and platform income from Airbnb or Stayz before fees are deducted)
  • How to apportion deductions when your property has both private and income-producing use
  • Strict new rules for holiday homes โ€” particularly properties where the owner uses the property during peak seasons

If you own a holiday home or short-term rental, this ruling directly affects you. See the Holiday Homes section below.


โœ… What You Can Claim: The Full Deduction List

๐Ÿ’ฐ Mortgage Interest

The interest on your investment loan is typically your biggest deduction โ€” and it's fully claimable. This is the cornerstone of negative gearing. Important: only the interest portion is deductible, not the principal repayments. If you've redrawn on your loan for personal purposes, only the portion used for the rental property remains deductible.

๐Ÿข Property Management Fees

If you use a property manager, every fee they charge is deductible โ€” from finding tenants and collecting rent to handling maintenance calls and inspections. Advertising costs to find tenants are also fully claimable.

๐Ÿ”ง Repairs & Maintenance

General repairs to restore your property to its original condition are immediately deductible. Think: fixing a leaking tap, replacing broken tiles, repairing a fence damaged in a storm.

Critical distinction: Improvements and upgrades are NOT immediately deductible โ€” they must be depreciated over time. Replacing a worn carpet with new carpet is a repair. Ripping out the kitchen and putting in a new one is a capital improvement.

๐Ÿ—๏ธ Depreciation โ€” The Deduction Most Landlords Underclaim

There are two types of depreciation, and both are worth claiming:

  • Division 43 โ€” Capital Works: The building structure itself depreciates at 2.5% per year. If your property was built after 1987, you can claim this annually.
  • Division 40 โ€” Plant & Equipment: Items like dishwashers, hot water systems, blinds, carpet, and air conditioning units depreciate based on their individual effective life.

To claim depreciation properly, you need a Quantity Surveyor's depreciation schedule. This is a one-off cost that pays for itself many times over โ€” and the fee itself is tax deductible. If you haven't had one done, you could be missing thousands of dollars every year.

๐Ÿงพ Other Immediately Deductible Expenses

  • Council rates and water charges (for periods the property is rented)
  • Landlord insurance and building insurance premiums
  • Body corporate fees and strata levies
  • Accounting and tax agent fees for preparing your rental income schedule
  • Land tax (in most states)
  • Pest control and garden maintenance
  • Cleaning between tenants

โŒ What You Cannot Claim

  • Principal loan repayments
  • Purchase costs (stamp duty, conveyancing) โ€” these are added to your cost base for CGT purposes
  • Travel to inspect your residential rental property (banned since 1 July 2017)
  • Expenses for periods when the property was not genuinely available for rent
  • Costs that relate to your own private use of the property

๐Ÿ–๏ธ Holiday Homes: New Rules, Greater Scrutiny

This is where things have changed significantly in 2026. The ATO has finalised PCG 2026/3, which specifically targets holiday homes.

Under the new guidance, if your holiday home is mainly used for your own holidays or recreation โ€” particularly during peak demand periods โ€” it may be classified as a "leisure facility." This classification can result in deductions being denied entirely, including mortgage interest, council rates, and land tax.

The key test: Is your property genuinely held mainly to produce rental income? If you're blocking out the school holidays, Christmas, Easter, and long weekends for personal use โ€” and only renting it out in the quiet shoulder season โ€” the ATO may conclude that income production is not the main purpose.

What this means practically:

  • Properties rented through Airbnb or Stayz during peak periods with genuine market-rate pricing are generally on safer ground
  • Properties blocked out for personal use during the most commercially valuable times face the greatest risk
  • The ATO has been clear: simply having a rental agreement in place is not enough โ€” the property must actually be available during peak demand periods at market rates

Transitional period: The ATO has indicated it will not actively review arrangements for expenses incurred before 1 July 2026 under arrangements that existed before 12 November 2025. However, from the 2026โ€“27 year onwards, full compliance is expected.

If you own a holiday home, now is the time to review your arrangement with a registered tax agent.


๐Ÿ“‰ Negative Gearing โ€” And What's Coming

For 2025โ€“26, negative gearing continues to apply in full. If your rental expenses exceed your rental income, that loss can be offset against your other income (salary, wages, business income) โ€” reducing your overall tax bill.

However, the 2026โ€“27 Federal Budget announced proposed changes to negative gearing and capital gains tax, intended to apply from 1 July 2027:

  • Negative gearing for residential property would be limited to new builds โ€” meaning losses on existing properties could no longer be offset against other income
  • The current 50% CGT discount would be replaced with cost base indexation and a minimum 30% tax rate on capital gains

Important: These changes are proposed and not yet legislated. They do not affect your 2025โ€“26 return. But if you're making investment decisions now, they're worth factoring in. Speak to us before acting.


๐Ÿ“Š Apportioning Deductions: Getting It Right

If your rental property is only available for rent for part of the year โ€” or is used partly for private purposes โ€” you must apportion your deductions accordingly. The ATO has issued PCG 2026/2 specifically covering how to apportion fairly.

The basic rule: expenses can only be claimed for the period the property was rented or genuinely available for rent at a market rate. Vacant periods where you're advertising at market rent are fine. Periods blocked for personal use are not.

Example: If your property was available for rent for 45 weeks and used personally for 7, you can claim approximately 87% of your eligible expenses.


๐Ÿ“ Record Keeping: What the ATO Expects

The ATO requires you to keep rental property records for at least five years after lodging the return they relate to. Good records are your best protection if questioned.

Keep records of:

  • All rental income received (bank statements, platform statements)
  • All expenses paid (receipts, invoices, bank statements)
  • Loan documents and annual interest statements
  • Depreciation schedules from a Quantity Surveyor
  • Dates the property was rented, available for rent, or used privately
  • Correspondence with tenants and property managers
  • Purchase and settlement documents (for CGT purposes)

Digital records are fine โ€” consider using a folder system in cloud storage or accounting software to stay organised throughout the year.


โš ๏ธ The ATO Is Watching Rental Properties Closely

The ATO's own data shows 9 out of 10 rental property owners make errors in their returns. Common mistakes include:

  • Claiming capital improvements as immediate repairs
  • Claiming 100% of expenses on a property with some private use
  • Claiming interest on loan funds redrawn for personal purposes
  • Forgetting to declare all rental income, including from short-term platforms
  • Underclaiming or not claiming depreciation at all

Since January 2024, platforms like Airbnb, Booking.com, and Stayz report your income directly to the ATO under the Sharing Economy Reporting Regime. There's no room for underreporting.

๐Ÿ“… Book Your Appointment with North Coast Accounting

Rental property tax is one of the most complex areas of individual tax โ€” and with the ATO's new rulings in force, getting it wrong is more costly than ever. Our team understands the North Coast property market and stays current with every rule change so you don't have to.

Whether you have one investment property or a growing portfolio, we'll make sure you're claiming everything you're entitled to โ€” and nothing you're not.

Book your appointment with North Coast Accounting today.

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This blog is general information only and does not constitute tax advice. Deductibility depends on your individual circumstances and how your property is used. For personalised advice specific to your situation, speak with a tax specialist at North Coast Accounting

About the author

Neha Shah

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