Repairs and maintenance can represent a substantial expense within a business and therefore can have a huge impact on the tax you have to pay. For this reason, Inland Revenue has a strict policy on repairs and maintenance clearly explaining what is considered repairs and maintenance and deductible and what is considered capital expenditure.

What are repairs?

• ëRepairí is restoration by renewal or replacement of subsidiary parts of the whole. Expenditure of this nature can be an allowable deduction.
• ëRenewalí is reconstruction of the entirety (not necessarily the whole, but of substantially the whole subject-matter).
• Only expenditures on repairs and maintenance are deductible as ërepairsí. The principal features are that:
• Expenditure on repairs, maintenance, and alterations must be not be capital expenditure.
• Expenditure required to maintain an asset in the same condition as when you acquired it is deductible.
• Expenditure on an asset over and above making good wear and tear is not deductible.

Expenditure is deductible when it is:

(a) Repairs and maintenance of existing equipment; and

(b) Alterations not amounting to significant improvement.

Expenditure is of a capital nature and not deductible when it is:

(a) Installation of new equipment;

(b) Replacement of a whole new asset; and

(c) Major alterations to the extent that they are an improvement.

Investments in rental properties have proved to be very attractive to New Zealand taxpayers. However, property owners should be aware of the following:

• Repairs and maintenance expenses are only claimable if the repairs were carried out while the tenant was still living in the house or the house was still available for renting.
• Often overseas owners returning home realise the damage done to the property after the tenants have moved out ñ and because of the change to private use, IRD may not allow a claim for repairs of such damages. There have been instances in the past where such claims have not been allowed. Unless IRD is satisfied with documentary evidence to the contrary, a couple owning a property jointly cannot split rental losses unevenly. Often the higher income earning spouse claims all or most of the losses, when they should be split equally.

You need to take particular care with repairs and maintenance on buildings and fittings. The following is a list of common types of repairs to building and fittings, along with comment on how the expenditures are likely to be treated for income tax purposes.

Important: This is not advice. Clients should not act solely on the basis of the material contained in this fact sheet Items herein are general comments only and do not constitute or convey advice per se. Changes in legislation may occur quickly. We therefore recommend that our formal advice be sought before acting in any of the areas. We believe the contents to be true and accurate as at the date of writing but can give no assurances or warranty regarding the accuracy, currency or applicability of any of the contents. This fact sheet is made available to our clients as a helpful guide for their private information. Therefore it should be regarded as confidential and should not be made available to any person without our prior approval.