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1. Deductions
• If part of your home is used for running a business and qualifies as a place of business which is set aside exclusively for business activities, you should be entitled to claim occupancy expenses (interest, rates etc) plus running costs to the extent of the business use. On the other hand, if the property does have the character of a place of business, you can only claim running costs associated with the use of the rooms.
• TR 93/30 provides further guidance on this issue http://law.ato.gov.au/atolaw/view.htm?Docid=TXR/TR9330/NAT/ATO/00001
• PS LA 2001/6 sets out the ATO’s views in relation to the calculation of home office expenses and record keeping requirements: http://law.ato.gov.au/atolaw/view.htm?docid=PSR/PS20016/NAT/ATO/00001
2. CGT
• The CGT implications will follow the general income tax treatment. If you are entitled to claim a portion of interest deductions in relation to the property then this would prevent you from claiming the full main residence exemption on sale of the property.
• The CGT liability will arise regardless of whether you have claimed the relevant costs or not if the place is used to carry on a business. However, note that even if you are not able to claim the full main residence exemption you may be able to access the small business CGT concessions on sale of the property if the basic conditions are met.
• Further guidance in relation to this area can be found in IT 2673 at the following link: http://law.ato.gov.au/atolaw/view.htm?locid=%27ITR/IT2673/NAT/ATO
• Note: “Para 24 of the IT 2673 states that “Whether or not deductions are claimed or allowed in relation to the income producing activities does not affect the capital gains tax status of the dwelling. Subsection 160ZZQ(21) applies where a sole or principal residence is used for the purpose of gaining or producing assessable income and does not depend for its operation on whether income tax deductions are claimed or allowed."
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