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Depreciation: Here today, gone tomorrow

Property investors will face greater scrutiny from the tax department after the government confirmed it will remove depreciation write-offs for buildings.

Thursday, May 20th 2010, 2:29PM 15 Comments

by The Landlord

In a move flagged earlier this year to head off the prospect of the unpopular capital gains tax, Finance Minister Bill English told Parliament "allowing tax deductions for depreciation provides an unfair tax advantage for [building] assets."

From tomorrow, the existing 20% loading of depreciation will be cut for new buildings, while existing properties with a life span of 50 years or more will brought in from April next year.

"This allowance explicitly departed from the principle of allowing deductions for true economic depreciation," he said. "It results in other taxpayers effectively supporting investments that might to stand up on their own merits."

The move is part of the government's wider tax package and is forecast to net an additional $3.1 billion in revenue over the next four years, and is expected to lift tenants' rents 1.4% above projected increases over the next three to five years.

English said he was reluctant to make "abrupt changes" to the property sector, given its importance to New Zealand investors.

Building owners will still be able to claim deductions for repairs and maintenance on their properties, and for so-called ‘fit outs' that aren't considered part of the building.

The Inland Revenue Department will review the treatment of commercial ‘fit outs' and amend the rules if needed. Building owners will be able to apply for a provisional depreciation rate if they think a class of building has a useful life of less than 50 years.

Commercial property investors, including AMP Capital Investors and ING Property Trust, have aired their concern about the proposed changes to depreciation, saying residential investors, for whom the proposals were meant to be targeted, only make up about a quarter of depreciation claims. Listed property trusts have had a turgid year as the recession sapped demand for office space and saw tenants exit the major cities' central business districts.

Still, there are signs property developers are beginning to show interest in new projects again, particularly in the industrial sector, which tends to lead recoveries, according to the Reserve Bank's latest financial stability report.

« Momentum building in house market, according to ANZFree Investment Property Showcase Events: Auckland, Wellington and Christchurch »

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Comments from our readers

On 20 May 2010 at 3:43 pm Chris said:
My initial thought is to wonder how we are supposed to guess or prove if 1950's properties will or will not have have a useful life in another 50 years time ? Any ideas out there ?
On 20 May 2010 at 4:06 pm Steve Tucker said:
Hello, I beleive you may have an error in para 3. The 20% loading is not currently applicable to buildings at all. It is only applicable to plant and machinery etc (In the case of investors this is chattels and fitout) The loading will be removed from these items. The effective depreciation rate for buildings will be reduced to 0% from 1 april 2011. Although this will reduce cashflow in the short term this will be somewaht countered by the tax rate changes and the rent increases landlords have been discussing. The positive of this is that investors will not be hit with big depreciation recovery bills when they sell assets, as the chattels and dfitout which do depreciate can still be claimed. This will also benefit asset protection as far as transferring into trusts. Those investors that have not yet split there assets into the ird categories but have been claiming all of the value at the building rate need to think about this as if they do nothing they will get no depreciation.
On 20 May 2010 at 4:12 pm Steve Tucker said:
In relation to the age of a property, this will more than likely not be a factor that is considered for residential property. Most are designed to stand the test of time as long as they are maintained hence have a life span over the 50 years.(Repairs and maintenance) Where this could cause some debate is properties built during the leaky building period!!!!!
On 20 May 2010 at 5:57 pm Amanda said:
Would love to know how this will affect me as a single residential investment owner. Do I want to keep it as a rental and purchase another house to live in or do I want to move back into my rental? Wish I understood this all better.
On 20 May 2010 at 6:17 pm Alex said:
Yields on low end property are in the 10-12% range while property in the upper end are in the 4-6% range - removing depreciation will only impact NEGATIVELY geared property. This tax change is going to make POSITIVELY geared property more desirable and as such will put upward pressure on property at the low - won’t this make housing less affordable for first home buyers and low income earners?
On 20 May 2010 at 6:51 pm GK said:
How does this effect 'new build' projects? Can you claim back costs of materials for construction as an expense now.
On 20 May 2010 at 7:55 pm Richard said:
The Govt states that it wants to encourage investors away from property investment in to other forms of investment.
There is also widespread opinion out there that there will be an increasing shortage of housing due to increasing net migration, stricter lending criteria, increasing interest rates, building consents down overall, etc.
It would appear therefore that the Govt wants to put further pressure on this shortage.
Therefore "Limited Supply From Landlords" and "Increasing Demand From Tenants" = "Upward Pressure On Rents!".
The quoted 1.4% rent increase above projected increases over the next three to five years would seem extremely conservative.
Am I being too logical!
On 20 May 2010 at 8:31 pm sean said:
It's only a timing issue. Under current tax policy, when the rental is sold in the future at a higher price than you purchased it, you will pay tax on the depreciation you have claimed all the years(IRD called it depreciation recovered). That's why I never claim depreciation on my rentals. For example when I purchased 2 rentals 5 years ago, my income after deduction of rental expenses(except depreciation) was $40000, I can only claim 21% tax back if I claim depreciation. After 3 years if I get the rentals sold I might pay 33% on the same amount depreciation I claimed in 5 years. So I don't think taking out depreciation is a big deal
On 21 May 2010 at 12:25 am Steve Tucker said:
depreciation if done right is a big deal and will have fantastic benefits on cashflow. With the removal of bilding depreciation the big tax bill for depreciaion recoverey is also gone. Lets face it any dollar in our pocket is better than in IRD's with recovery no longer an issue why wouldn't you claim the maximum allowance!

You can still claim on chattels and most fit-out!
On 21 May 2010 at 10:30 am Geoff said:
I agree with Sean,, its only timing and when you sell a rental you have to pay back the depreciation you had claimed all these years anyway---no big deal.
On 21 May 2010 at 3:48 pm Trevor said:
Where can one read exactly what the budget says about this rental property adjustments. Building Depreciation only I understand will not be available from 1 April 2011. So we can claim it in this years 2009/10 return ... yes ? Is ir still only recoverable by IRD when the house is sold ? Can I read somewhere or can someone explain to me what the term 'Fit Out' means, or what IRD allows under the title Fit Out. What am I missing here? Ta! T
On 21 May 2010 at 4:28 pm keith said:
Under new depreciation rules will it still be possible to write off completely (depreciate 100%)a building with more than 50 yrs of so-called useful life? NZ is riddled with many single level buildings wasting valuable land and resources as well as producing poor returns based on current values.
On 22 May 2010 at 11:14 am Troy said:
Has the IRD (or government) cleared up the confusion around other items ‘may’ be deemed to be part of the building structure E.G Plumbing, Wiring, Fencing, Cabinetry?
On review; it appears more prevalent now to get a full breakdown report on fixtures and fittings. For those who haven't it will affect them (negatively) the hardest.
On 25 May 2010 at 4:25 pm Leo said:
@troy: see IRD interpretation statement IS10/01 included in the May 2010 Tax Information Bulletin. Access from IRD website
On 26 May 2010 at 9:21 pm Terry le Grove said:
Troy, you are absolutely right, now that the government has removed building depreciation, a breakdown of the chattels and fitout will be the only way for you to claim all the depreciation you are entitled to. When the IRD finally cleared the confusion around the building "fitout" category with the release of its Final Interpretation Statement earlier this month, it clarified "What is deemed to be part of the building for depreciation purposes". This will enable investors to claim the many "fitout" items allowable such as fences and air conditioning units, along with the standard chattel items. And why wouldn't you claim it - with depreciation recovery no longer an issue why wouldn't you claim every dollar you are entitled to.
Commenting is closed

 

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AIA - Back My Build 6.19 - - -
AIA - Go Home Loans 8.74 7.24 6.75 6.65
ANZ 8.64 7.84 7.39 7.25
ANZ Blueprint to Build 7.39 - - -
ANZ Good Energy - - - 1.00
ANZ Special - 7.24 6.79 6.65
ASB Bank 8.64 7.24 6.75 6.65
ASB Better Homes Top Up - - - 1.00
Avanti Finance 9.15 - - -
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BNZ - Classic - 7.24 6.79 6.65
BNZ - Green Home Loan top-ups - - - 1.00
BNZ - Mortgage One 8.69 - - -
BNZ - Rapid Repay 8.69 - - -
BNZ - Std, FlyBuys 8.69 7.84 7.39 7.25
BNZ - TotalMoney 8.69 - - -
CFML Loans 9.45 - - -
China Construction Bank - 7.09 6.75 6.49
China Construction Bank Special - - - -
Co-operative Bank - First Home Special - 7.04 - -
Co-operative Bank - Owner Occ 8.40 7.24 6.79 6.65
Lender Flt 1yr 2yr 3yr
Co-operative Bank - Standard 8.40 7.74 7.29 7.15
Credit Union Auckland 7.70 - - -
First Credit Union Special - 7.45 7.35 -
First Credit Union Standard 8.50 7.99 7.85 -
Heartland Bank - Online 7.99 ▲6.89 ▲6.55 ▲6.35
Heartland Bank - Reverse Mortgage - - - -
Heretaunga Building Society 8.90 7.60 7.40 -
HSBC Premier 8.59 - - -
HSBC Premier LVR > 80% - - - -
HSBC Special - - - -
ICBC 7.85 7.05 6.75 6.59
Lender Flt 1yr 2yr 3yr
Kainga Ora 8.64 7.79 7.39 7.25
Kainga Ora - First Home Buyer Special - - - -
Kiwibank 8.50 8.25 7.79 7.55
Kiwibank - Offset 8.50 - - -
Kiwibank Special - 7.25 6.79 6.65
Liberty 8.59 8.69 8.79 8.94
Nelson Building Society 9.00 7.75 7.35 -
Pepper Money Advantage 10.49 - - -
Pepper Money Easy 8.69 - - -
Pepper Money Essential 8.29 - - -
Resimac - LVR < 80% 8.84 8.09 7.59 7.29
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Resimac - LVR < 90% 9.84 9.09 8.59 8.29
Resimac - Specialist Clear (Alt Doc) - - 8.99 -
Resimac - Specialist Clear (Full Doc) - - 9.49 -
SBS Bank 8.74 7.84 ▼7.29 ▼6.59
SBS Bank Special - 7.24 ▼6.69 ▼5.99
SBS Construction lending for FHB - - - -
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TSB Special 8.64 7.24 6.75 6.65
Unity 8.64 6.99 6.79 -
Unity First Home Buyer special - - 6.45 -
Wairarapa Building Society 8.60 6.95 6.85 -
Westpac 8.64 7.89 7.35 7.25
Westpac Choices Everyday 8.74 - - -
Westpac Offset 8.64 - - -
Westpac Special - 7.29 6.75 6.65
Median 8.64 7.29 7.29 6.65

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