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Can I Claim Depreciation on a Build-to-Rent Property?

Published 26 June 2026 · Last updated 26 June 2026

Quick Answer

Yes, you can claim depreciation on build-to-rent properties in Australia. Under **Division 40** (plant and equipment) and **Division 43** (capital works) of the ITAA 1997, developers and investors can benefit from substantial tax deductions. A depreciation schedule prepared by a Chartered Quantity Surveyor is essential for maximising these claims.

Claiming depreciation on a build-to-rent property can significantly enhance your investment returns by reducing your taxable income. This is particularly pertinent under Division 40 for plant and equipment and Division 43 for capital works of the ITAA 1997, which allow you to deduct the decline in value of certain assets over time.

For build-to-rent properties, the depreciation rules are similar to those for other types of investment properties. You can depreciate newly installed plant and equipment, such as appliances and fixtures, under Division 40, while the structural elements of the building can be claimed under Division 43. The most common misconception is that only residential property investors can claim these deductions, but developers and investors in build-to-rent properties are equally entitled.

To see how this plays out, consider a developer who constructs a build-to-rent complex in Melbourne, valued at $10 million. The property includes high-quality fixtures and fittings valued at $500,000. The developer can claim depreciation on these fixtures under Division 40 over their effective life, and claim capital works deductions under Division 43, which typically spans 40 years. In the first year alone, the developer might claim depreciation totalling $250,000, reducing their taxable income significantly. At a 30% corporate tax rate, this equates to a tax saving of $75,000.

In our experience reviewing thousands of properties across Australia, developers often overlook the importance of obtaining a detailed depreciation schedule. Many assume that depreciation is a one-time calculation, but this is a dynamic process that should be revisited annually to ensure all eligible deductions are claimed. Another frequent oversight is failing to account for the initial cost of plant and equipment accurately, which can lead to under-claiming.

The answer can differ depending on your situation. For instance, if the build-to-rent property was acquired after 9 May 2017, it's crucial to understand that the plant and equipment must be new to qualify for Division 40 claims. Additionally, properties held within an SMSF have specific compliance requirements regarding depreciation.

Given the complexities involved, working with a Chartered Quantity Surveyor is essential in ensuring you maximise your depreciation claims. They can provide a tailored depreciation schedule that aligns with your specific property and financial situation. An accountant can then integrate this into your broader tax strategy to optimise your financial outcomes.

  • Consult a Chartered Quantity Surveyor to prepare a depreciation schedule.
  • Review your property details to ensure all plant and equipment are accurately accounted for.
  • Check the construction date to verify eligibility under Division 43.
  • Discuss with your accountant to integrate depreciation claims into your tax strategy.
  • Re-evaluate your schedule annually to capture any changes or improvements.
  • Stay informed about any legislative changes that could affect your claims.
  • Frequently Asked Questions

    Can I claim depreciation on a build-to-rent property in all Australian states?

    Yes, depreciation claims on build-to-rent properties apply across all Australian states. However, local regulations and incentives may vary, so it's advisable to consult a local expert.

    How does depreciation affect my tax return?

    Depreciation reduces your taxable income, lowering your tax liability. This is reflected in your tax return, potentially resulting in a refund or reduced tax payable.

    What is the difference between Division 40 and Division 43?

    Division 40 covers plant and equipment, allowing you to claim depreciation on assets like appliances. Division 43 covers capital works, such as the building structure, and is claimed over 40 years.

    Are there any special considerations for SMSFs with build-to-rent properties?

    Yes, SMSFs must comply with specific regulations regarding property investments, including depreciation. It's crucial to consult with a financial advisor to ensure compliance.

    Can I claim depreciation if the property was partially completed before I acquired it?

    Yes, but it's important to have a QS evaluate the completed and incomplete portions separately to ensure accurate claims according to the ATO's guidelines.

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    Written by Koste Team · Koste Chartered Quantity Surveyors · AIQS Member · RICS Member · TPB Registered · 1300 669 400 · info@koste.ai