ATO red flags for property investors

Leah Langton • October 13, 2025

Aussie investors have long had a passion for property investment, but it’s also become a key focus for the ATO when it comes to spotting errors in tax returns.

The ATO estimates it’s missing out on around $9 billion in unpaid taxes by property investors and it’s planning a major crackdown over the next three years on rental property income and expenses reporting.


It will be using AI analysis and extensive data-matching from a variety of sources (such as rental bond and agent information), to identify tax returns for audit and further investigations.


What is drawing the ATO’s attention?


If you want to avoid attracting attention, it’s worth knowing the ATO’s red flags when it comes to property investor tax returns. They include:


1. Claiming deductions incorrectly


Only claim expenses when your property is genuinely available for rent and be ready to prove it. The ATO may expect to see evidence of both an active marketing campaign and a competitive rental price.i


Claiming 100 per cent deductions for a property used for private purposes at any time – or only available for certain parts of the year – risks closer attention.


Another risky practice is claiming a deduction for a special body corporate levy. Although body corporate levies are claimable for routine maintenance of common property, special levies for capital expenditure cannot be claimed until the capital works are complete.


2. Failing to declare rental income


The ATO is particularly interested in property investors who misreport their rental income and is identifying discrepancies by cross-referencing bank transactions, property records and property transaction databases.ii


Data is also being collected from short-term rental platforms like Airbnb, real estate agents and rental bond authorities to confirm the accuracy of investors’ income reporting, so full disclosure is essential.


The detailed information the ATO now has access to allows it to identify patterns of non-compliance, and individuals who may be underreporting income, or overclaiming expense deductions.


3. Misclassifying capital improvements


Confusing repairs and maintenance with capital improvements is a common error.iii


Remember that repairs (such as replacing a broken window) are deductible but upgrades like a new kitchen or bathroom are capital works that must be depreciated over time.


4. Cherry-picking expense apportionment


The ATO is increasingly taking a close look at jointly owned rental properties to check that both income and expenses are split according to the legal ownership share.


Claims cannot be skewed towards an owner in the higher tax bracket so if you own 50 per cent of a property, you can only claim 50 per cent of the expenses.

Joint investors also need to be aware of the CGT implications when they sell or dispose of a property. The ATO is using its data matching capabilities to identify unreported CGT events.


5. Incorrectly claiming loan interest


Note that only the interest on the investment portion of your loan is deductible. In other words, claiming a deduction for interest payments on a loan that’s been used in part for personal expenses is not on.


If you redraw funds from your investment loan for personal use (such as a holiday or to purchase a new vehicle) only the interest relating to the investment portion is deductible.


Keep clear and detailed records and apportion your interest expenses accurately, or you are likely to face an audit.


How to survive an ATO audit


One of the simplest ways to avoid problems is to keep the claims you make for your rental property investments straightforward and accurate.


Ensure you keep detailed documentation supporting all your claims, so you can prove they are legitimate and correctly calculated.


The ATO has released an updated version of its Rental Properties Guide to assist taxpayers and make sure their returns are correct.


For more information on how to correctly meet your tax obligations for property investments, call our office today.


i Rental property genuinely available for rent | Australian Taxation Office

ii Rental income you must declare | Australian Taxation Office

iii Repair and maintenance expenses | Australian Taxation Office

By Nikki Ashurst • November 2, 2026
Many Australians don't know how their super fund has performed or what it invests in. Are you one of them? Here's what to check and why it matters. Do you know how your super fund performed over the last two years? Many Australians don’t and are working towards their financial future without fully understanding one of their most important assets and without a clear plan for how their super may support them in retirement. That's not surprising, as many people view super as something that should run quietly in the background while they're busy with careers, families and everything else that life throws at them. But when you’re not sure what’s happening behind your balance, it’s harder to know whether you’re on track, whether your current approach reflects your goals or what opportunities might be available to help you make the most of what you’ve built so far. Your super isn't sitting in an account, it's invested Super is invested by a fund on your behalf across a mix of assets, with those investments working to grow your balance over time. Those include: Shares Ownership in Australian and international publicly listed companies. Their value can rise and fall, sometimes substantially over short periods but shares can provide capital growth over the long term. Property and infrastructure Real assets like office buildings, shopping centres, airports and energy networks. They can produce income and don't always behave in the same way as share markets, helping diversify investment holdings. Fixed interest and bonds Lending to governments and companies in return for interest. They can provide regular income and be steadier than shares, although returns and risk vary depending on the investment. Cash Generally, the most stable and lowest risk investment type. It can provide stability and faster access to money but typically offers lower longer term return potential. The investment option you choose determines the mix of assets held in your super based on your risk appetite. Most super funds offer options from conservative to high growth. If you’re young, a growth option with a higher exposure to growth assets like shares could offer higher returns over time – but it also comes with higher risk. As retirement nears, you might want to consider a more conservative approach with more defensive assets, like bonds for example to protect your savings. If you've never made a choice, you're probably in your fund's default option, which is designed to suit a broad membership. It’s worth knowing whether the mix you're in matches your circumstances and goals, including how far you are from retirement. Why performance alone is not a true comparison If you're thinking about how your super compares, returns are often where people start. The trouble is that a return figure means nothing without context: What it's being compared to Growth and conservative options invest differently and with different levels of risk. Compare like with like or the comparison may not be genuine. The comparison period A single year can be heavily influenced by short term market conditions. Super is measured in decades, so five, seven and ten year returns tell you far more about whether a fund is consistently doing its job, albeit not a predictor of future performance. Fees and tax Published returns should reflect investment fees, costs and tax but administration fees may be charged separately from your balance. Two funds quoting the same return can leave you in meaningfully different places once all fees are accounted for. Then there are the things that returns can't show you at all. For example, what insurance is attached to your account and what it's costing you, whether the fund offers guidance, tools and advice or simply sends a statement once a year. Another consideration maybe the level of support available when you need it. When comparing funds, it's worth looking at the full picture, including performance, fees, investment options, retirement support and member benefits. What today’s decisions mean tomorrow To understand how your super stacks up, start here: Find your investment option It's on your annual statement and in your online account. Look at what's in it Your fund publishes the asset allocation (shares, cash etc.) for each investment option. Check the long-term return for that option Focus on five and ten year returns, not just last year and compare them with equivalent options. Understand the total cost Add together administration fees, investment fees and insurance premiums as an annual dollar figure. Comparing super is about working out which option will perform best for you. Before you jump in, it’s worth understanding what's behind the numbers so you can make decisions based on more than a headline return. Knowing where you stand is the first step A super balance tells you where you are today. Understanding how your super is invested, how it compares and whether it's aligned with your goals helps show whether you're heading in the right direction. Source: MLC The information in this article does not take into account your objectives, needs and circumstances. We recommend that you obtain investment and taxation advice specific to your investment objectives, financial situation and particular needs before making any investment decision or acting on any of the information contained in this document. Subject to law, Capstone Financial Planning nor their directors, employees or authorised representatives gives any representation or warranty as to the reliability, accuracy or completeness of the information; or accepts any responsibility for any person acting, or refraining from acting, on the basis of the information contained in this document. Principal Wealth Management Pty Ltd trading as BMO Financial Solutions ABN 53 109 336 601 is a Corporate Authorised Representative (CAR 277821) of Capstone Financial Planning Pty Ltd ABN 24 093 733 969 Australian Financial Services Licence (AFSL) No. 223135.
By Jude Schofield • October 7, 2026
More Australians are choosing to take direct control of their retirement savings by establishing a self-managed super fund (SMSF) and according to the SMSF Association, Aussies now see their super as an important part of building and managing their overall wealth.