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Second Hand Property · Koste Knowledge Base
Can I claim depreciation if I bought from a related party?
Quick Answer
Buying from a related party can affect depreciation and CGT treatment, especially where plant and equipment, market value, SMSF rules or ownership structures are involved. You should get accountant advice before claiming.
Related-party property transactions require careful review.
Examples:
Buying from a family member
Buying from a related trust
Buying from a company you control
SMSF-related transactions
Transfers after separation
Transfers between entities
Key issues:
Market value
Cost base
Division 40 asset treatment
Second-hand asset restrictions
Division 43 capital works
Stamp duty
SMSF compliance
Related-party lease rules
CGT events
A depreciation schedule may still be useful, but the tax treatment needs accountant review.
related party depreciation CGT Division 40
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