Interest deduction on vacant land
- Arnold Shields
- Aug 26, 2009
- 2 min read
Updated: Jun 24
Deductibility of Interest on Vacant Land
If you're purchasing a vacant block of land with the intention of building a rental property, it's natural to wonder whether the interest on your loan is tax-deductible.
The short answer is yes, in many cases the interest is deductible provided the land is held for the purpose of producing assessable income, not for private or domestic purposes.
What the Law Says – Section 8-1 and Steele’s Case
Section 8-1 of the Income Tax Assessment Act 1997 allows a deduction for expenses incurred in gaining or producing assessable income, so long as they are not of a capital, private or domestic nature.
This principle was tested in the landmark Federal Commissioner of Taxation v Steele (1999), where the High Court examined the deductibility of interest on borrowings used to purchase land intended for future income production.
Following this, Taxation Ruling TR 2000/17 set out the ATO’s position on when interest on land borrowings may be deductible prior to generating income.
To be deductible, the interest must meet all of the following criteria:
The interest is not incurred “too soon” or as a mere prelude to income-earning activities.
It is not private or domestic in nature.
The time between land purchase and income generation is reasonable for the type of investment.
There is a clear and sole intent to produce assessable income.
The taxpayer is actively pursuing that goal.
Your Situation
In your case:
You are borrowing funds to acquire a vacant block of land.
Construction of a house will begin once council approval is received.
The completed property will be rented out immediately.
The land is held solely for income-producing purposes, with no private use.
As such, the interest incurred on the loan used to acquire the land would generally be deductible under section 8-1, based on your continued efforts and clear intention to generate rental income.
Final Word
This treatment aligns with Steele’s Case and the ATO’s guidance in TR 2000/17. Just be mindful to keep thorough records documenting your income-producing intent, construction timelines, and eventual rental activity.
Disclaimer:
The information provided in this article is general in nature and does not constitute personal financial, legal or tax advice. While every effort has been made to ensure the accuracy of this content at the time of publication, tax laws and regulations may change, and individual circumstances vary. Dolman Bateman accepts no responsibility or liability for any loss or damage incurred as a result of acting on or relying upon any of the information contained herein. You should seek professional advice tailored to your specific situation before making any financial or tax decision.
