If you have a rental property in the red zone and you accept the Government’s offer, it is deemed to be a sale of your rental property. If you have claimed depreciation on the building and/or chattels, and you sell the property for more or for less than the current book value, then you may have a tax issue.
For example, a husband and wife have owned a rental property for the last 7 years, it is in the Red Zone and they are going to take the Government’s offer. The value of the house (only) was originally $141,000 and the depreciation claimed to date is $32,000 and the book value is now $109,000. If the Government’s offer differs from the book value, then there is a depreciation tax issue that needs to be dealt with.
The Government are currently reviewing the ‘timing’ of depreciation recovery rules on the sale of buildings due to the earthquake. For example, if you purchase another residential rental property you may be able to transfer the depreciation claimed to the new property.
There are a number of issues surrounding rental or commercial properties in the Red Zone and there is no ‘one rule fits all’. If you would like to discuss your situation please contact us.
Source: Searells Business Improvement & Chartered Accountants