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Updated ATO Ruling on Repairs vs Improvements Explained

Published 26 June 2026 · Last updated 26 June 2026

Quick Answer

The ATO distinguishes repairs from improvements based on the nature of the work. Repairs restore an asset's condition and are deductible immediately. Improvements enhance the asset's value or extend its life, and are capitalised and depreciated under **Division 43 of ITAA 1997**. This affects your tax treatment and cash flow.

Distinguishing between repairs and improvements is crucial for property investors looking to optimise their tax claims. The Australian Taxation Office (ATO) provides specific guidelines to help define these terms, affecting how you can claim expenses on your investment property.

Repairs involve restoring an asset to its original condition without altering its character. These expenses are generally deductible in the year they are incurred. For example, fixing a leaking roof or repainting a wall would typically qualify as repairs. Conversely, improvements enhance an asset's value, functionality, or lifespan. Such expenses must be capitalised and depreciated over time under Division 43 of ITAA 1997. This can include adding a new room or upgrading from carpet to timber flooring.

One common misconception is that all maintenance costs are immediately deductible. However, if the work results in a significant upgrade or enhancement, it is treated as an improvement. This is where many investors get caught out, leading to incorrect tax filings.

Take a practical example: Consider a 2015-built 3-bedroom house in Melbourne, purchased for $750,000. Suppose you spent $5,000 on repairing a damaged fence and $15,000 on upgrading the kitchen. The fence repair is deductible in the same tax year, reducing your taxable income by $5,000. However, the kitchen upgrade is an improvement, requiring capitalisation and depreciation over time. If the improvement is eligible under Division 43, you might claim 2.5% per annum, leading to a $375 deduction in the first year.

In our experience reviewing thousands of properties across Australia, investors often overlook the nuances between repairs and improvements. A frequent mistake is claiming the full cost of significant upgrades as immediate deductions. Additionally, many fail to keep detailed records of work done, making it difficult to substantiate claims during an audit. Another pattern is underestimating the potential depreciation benefits of improvements, which can significantly impact cash flow over time.

The answer can differ depending on your situation. Properties acquired after 9 May 2017 are subject to more stringent rules regarding depreciation of second-hand plant and equipment. In cases involving older properties, any building work completed before 1987 may not qualify for capital works deductions. Different rules also apply to commercial properties, where the nature of the business can influence tax treatment. Joint ownership can further complicate claims, as deductions must be apportioned according to ownership percentages.

Given these complexities, obtaining professional advice is crucial. A Chartered Quantity Surveyor provides invaluable insights into what qualifies as a repair versus an improvement, while an accountant ensures accurate tax filings. Together, they can help maximise your tax benefits and avoid costly mistakes.

  • Review your property expenses and categorise them as repairs or improvements.
  • Consult with a Chartered Quantity Surveyor to confirm the nature of your expenses.
  • Keep detailed records of all repairs and improvements for future reference.
  • Discuss with your accountant how to incorporate these expenses into your tax return.
  • Consider the long-term financial impact of improvements on your property's value.
  • Plan future renovations with tax implications in mind.
  • Frequently Asked Questions

    How does the ATO define a repair?

    The ATO defines a repair as work that restores the asset to its original condition. This includes fixing defects or deterioration without altering the asset's character or value.

    Can I immediately deduct the cost of a new bathroom installation?

    No, a new bathroom installation is considered an improvement. It enhances the property's value and must be capitalised and depreciated over time.

    Are there different rules for commercial properties?

    Yes, commercial properties may have different tax treatments based on the nature of the business and the type of improvements made. Consulting a tax professional is recommended.

    How should I report repairs and improvements on my tax return?

    Repairs should be listed as immediate deductions, while improvements are reported as capital works deductions. Work with your accountant to ensure accurate reporting.

    Does the ruling differ in Queensland compared to Victoria?

    The ATO's definitions apply nationally, but state-specific incentives or grants may affect the financial outcome. Check local regulations or consult a local expert.

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