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Cost Of A Private And Domestic Nature

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The first part of the question arises issues of deductibility of certain expenses, and apportionment between the partly private using and partly used as income-producing purpose.

Deductions
A deduction would only be available where the requirements of ITAA 1997 s 8-1 are satisfied. To be deductible under s 8-1, the expense must be:
1. Incurred in gaining or producing the taxpayer’s assessable income, or
2. Necessarily incurred in carrying on a business for the purpose of gaining or producing the taxpayer’s assessable income.

But not:
1. A loss or outgoing of a capital nature.
2. A loss or outgoing of a private or domestic nature.
3. Incurred in relation to gaining or producing the taxpayer’s exempt income or non-assessable non-exempt income, or
4. Otherwise prevented from being deductible under another provision of ITAA 1997.

Among the other rules, the above second negative limb provides that the expense must not be of a private or domestic nature. So the private using part of the property (upstairs) will not qualify any deductions. But the set-up of the downstairs for Bill’s physiotherapy business makes this part of the property producing assessable income. Therefore expenditures incurred in property maintenance and repairing could be deductible against Bill’s business income depending on circumstances. While Bill may claim some of deductions for his expenditures, he will be liable for capital gain tax when he sold the property.

Apportionment
Assume the area of

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