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ARTICLE · 11 DECEMBER 2019

Changes to the Income Tax Assessment Act could affect primary producers

New laws mean holding costs can no longer be claimed by a taxpayer on vacant land unless certain strict criteria are satisfied.

AustraliaTax

New legislation has been introduced which will mean holding costs can no longer be claimed by a taxpayer on vacant land unless certain strict criteria are satisfied

The Income Tax Assessment Act 1997 (ITAA 1997) currently enables tax payers to claim holding costs for vacant land if the vacant land is held for the purpose of producing assessable income or carrying on a business. Such costs have included council rates, land taxes and interest on borrowings used to acquire the land. However, this has long been a cause of debate as it can be difficult to determine whether the vacant land is, in fact, being held for income producing purposes.

Accordingly, amendments have now been introduced to alter the ITAA 1997 which will result in certain tax payers not being able to claim these deductions from 1 July 2019, regardless of when the vacant land was originally purchased.

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