Property investors, beware! The ATO is intensifying its focus on rental property expenses during the upcoming tax season. Failure to meet the ATO's criteria could result in substantial fines. This article provides crucial insights for accountants advising clients engaged in property investment, ensuring they navigate the ATO's crackdown on rental claims effectively.

The ATO's heightened vigilance stems from recent audits revealing errors in 90% of reviewed returns. To reinforce compliance, the ATO has initiated a "data-matching protocol" with mortgage lenders. This program collects comprehensive client identification, loan account details, transaction specifics, and property information from 17 financial institutions, including major banks and other key players in the mortgage market.

The ATO's scrutiny extends beyond mortgage-interest deductions. They will also target common mistakes in property-related claims, such as incorrect apportionment of rental income, issues with holiday homes not genuinely available for rent, and erroneous claims for newly purchased rental properties. It's imperative for accountants to advise clients on avoiding these pitfalls to ensure compliance.

Key Areas of ATO Focus:

1. Data Matching and Verification: The ATO's collaboration with mortgage lenders provides an independent verification of tax-return information related to rental properties and loan interest claims. This ensures detection of taxpayers who fail to declare ownership of rental properties or attempt to claim borrowing costs incorrectly.
2. Diverse Financial Institutions: Information will be gathered from various financial institutions, including the Big Four banks, Macquarie, Bendigo Bank, Ubank, and RAMS. This broad scope ensures a comprehensive assessment of property-related financial activities.
3. Beyond Mortgage-Interest Deductions: The ATO's focus extends to various property-related deductions, emphasizing the need for accurate reporting. Common mistakes, such as incorrect apportionment of expenses between joint property owners, must be avoided.

Guidelines for Property Investors: To steer clear of trouble with the ATO, accountants should convey the following guidelines to their property investor clients:

1. Caution with Repairs and Maintenance: Investors should exercise caution when claiming repairs and maintenance costs, particularly for issues existing before property acquisition. The ATO often denies instant deductions for such capital nature repairs.
2. Restricted Deductions for Low or No-Rent Leases: Deductions are limited if a property is let rent-free or at a non-commercial rate. Accountants should advise clients to let properties on a commercial basis to maximize deductions.
3. Meticulous Record-Keeping: Detailed records of all income and expenses, including invoices, receipts, and bank statements, are crucial. This documentation is vital for justifying deduction claims during ATO reviews or audits.
4. Extended Record Retention: While the standard record-keeping period is five years from tax return lodgment, property investors should retain purchase and sale documentation for at least five years from the property disposal date, especially for capital gains tax purposes.

Conclusion: In conclusion, the ATO's intensified focus on rental claims necessitates proactive measures from property investors and their accountants. Adhering to these guidelines ensures compliance, mitigates risks of fines, and emphasizes the importance of meticulous record-keeping. By staying informed and following best practices, property investors can navigate the challenging landscape of ATO regulations successfully.