Understanding the new regulations on interest for vacant land loans

Before July 2019, loans for vacant land were an attractive avenue for entering the property market. The interest on these loans was deductible, making the overall cost lower for borrowers. This had the potential to yield significant profits once the property was developed and either rented out or sold. However, in July of this year, new regulations came into effect. 


In this article, we'll explore how these changes in the law could impact your business and what steps you may need to take. 


Defining “vacant land” for tax and legal purposes. 


Vacant land, for tax and legal purposes, is defined as land that lacks a substantial and permanent structure during the period of ownership. This classification extends to land containing a substantial and permanent structure if that structure falls into the category of residential premises. In such cases, the residential premises must have been constructed or significantly renovated while the entity held the land. 


Additionally, these premises must meet one of two conditions: either they are not yet legally fit for occupancy, or they are legally fit but have not yet been rented out or made available for rent. 


Notably, certain purchasers of potential residential land are now obligated to withhold a specific amount from the land's purchase price for payment to the relevant authorities. This ensures compliance with tax regulations and legal requirements in the realm of vacant land transactions. 


Interest deductibility post-construction. 


Previously, if you held vacant land and took out loans for it, you could deduct the interest accrued on those loans as a business expense. However, the legislation now mandates that interest is only deductible once a structure has been built on the land. This means that keeping land vacant with no immediate development plans has become a more expensive proposition. To mitigate the effects of this change, you'll need to expedite construction on the land. By doing so, you not only make the interest deductible sooner but also start generating revenue from the property at an earlier stage. 


The impact on existing properties. 


If you already own vacant land and have been deducting interest on loans taken out before the law change, the interest on these loans is no longer deductible until a structure is erected on the land. If you've held vacant land for an extended period without any development, your interest expenses will not be tax-deductible. 


If this is you, constructing a building on the land can be a smart strategy to reduce your tax liability and generate income. While there may be initial costs associated with starting construction, this approach can be more profitable in the long run. 


Entities that are unaffected by this change. 


This change doesn’t impact all entities and taxpayers uniformly. There are certain circumstances in which deductions for expenses associated with holding vacant land remain permissible. 


Entities falling within the following categories can continue to claim deductions for expenses related to vacant land ownership: corporate tax entities, superannuation plans (excluding self-managed superannuation funds), managed investment trusts, public unit trusts, and unit trusts or partnerships consisting entirely of members belonging to this specified list. This exemption ensures that those with legitimate business or investment purposes involving vacant land can still access deductions within the bounds of the new regulations. 


Consult an expert. 


The changes in regulations surrounding interest on vacant land loans have altered the financial landscape for property investors. To navigate these changes effectively, it's advisable to consult experts in tax planning, such as Ascent Accountants. 


With years of experience, our expert team can guide you through the shifting legal landscape and help you make informed decisions. If you have any questions or need advice on vacant land loan interest changes, please don't hesitate to contact us. We're here to help you make the most of your investments. 


 

Need help with your accounting?

Find Out What We Do
February 13, 2026
Starting a business is an exciting milestone, but the paperwork can quickly become overwhelming. At Ascent Accountants, we often see new business owners get caught in the "registration trap"—either registering for everything at once (and creating unnecessary admin) or missing critical deadlines that lead to penalties. Knowing which registrations are mandatory and which are optional depends on your business structure, turnover, and whether you have a team. Here is our high-level guide to the essential registrations you need to consider. 1. The Foundations ABN & TFN. Australian Business Number (ABN): Your ABN is your business’s unique 11-digit identifier. While not strictly compulsory for everyone , you almost certainly need one. Without an ABN, other businesses must withhold 47% of any payments they make to you. Tax File Number (TFN): Sole Traders: You use your personal TFN. Companies, Partnerships, and Trusts: You must apply for a separate business TFN. 2. Tax Registrations (ATO) Goods and Services Tax (GST): You must register for GST if your business has a GST turnover of $75,000 or more ($150,000 for non-profits). If you drive a taxi or provide ride-sourcing services (like Uber), you must register regardless of your turnover. Fuel Tax Credits: If your business uses fuel in heavy vehicles, machinery, or for other eligible activities, you can claim a credit for the excise or customs duty included in the price. Note: You must be registered for GST before you can register for Fuel Tax Credits. 3. Employer obligations when hiring a team. If you’re moving from a "solo-preneur" to an employer, your registration requirements change significantly: PAYG withholding: You must register for Pay As You Go (PAYG) withholding before you make your first payment to employees or certain contractors. This allows you to withhold tax from their wages and send it to the ATO. Superannuation: You don't "register" for super in the traditional sense, but you have a legal obligation to pay the Superannuation Guarantee (currently 12% on July 1, 2025) for eligible employees. We recommend setting up a Superannuation Clearing House to streamline these payments. On 1st July 2026, super will be required to be paid each payday. Workers’ compensation insurance: This is a mandatory insurance policy for almost all employers in Australia. It protects you and your employees in the event of a work-related injury. Each state has different rules; for example, in WA, you must have a policy if you employ anyone defined as a "worker." 4. Business Identity: ASIC If you want to trade under anything other than your own legal name (e.g., "John Smith" vs. "Smith’s Landscaping"), you must register the name with the Australian Securities and Investments Commission (ASIC). Our advice? Don’t over-register too early. We often see clients register for GST before they reach the $75k threshold. While this allows you to claim GST credits on your setup costs, it also means you must lodge regular Business Activity Statements (BAS). Speak with us before you hit "submit" on your registrations. We can help you determine the most tax-effective timing for your specific situation. Contact the team today.
February 13, 2026
When you find your dream home, the process often feels like a whirlwind of inspections, mortgage documents, and packing boxes. Most buyers are diligent about checking for termites or structural cracks, but there is one significant risk that a physical inspection can’t uncover: legal defects in the property’s title. When it comes to real estate, one of the most effective ways to safeguard your equity is through Title Insurance. What is title insurance? Unlike standard home and contents insurance—which covers future events like fires, storms, or theft—Title Insurance is a specialised policy that protects you against existing but unknown legal risks that occurred before you bought the property. It is a one-off premium paid at the time of settlement that provides cover for as long as you own the home. Despite its value, statistics suggest only about 50% of buyers currently opt-in. How it works: real-world scenarios. Title insurance steps in when "discrepancies" surface after you’ve already moved in. Here are the most common ways it protects you: Illegal building work & conversions: It’s common to find a garage that was converted into a bedroom or a deck built without council approval. If the local council discovers this later and demands you bring it up to code or demolish it, Title Insurance can cover the legal and construction costs. Boundary & encroachment issues: Imagine discovering your fence, garage, or driveway is actually sitting on your neighbour’s land or Crown land. The cost of surveys, new building plans, and reconstruction can be staggering. Title insurance handles these expenses. Unpaid rates or taxes: If the previous owner left behind land tax or council rate debts that weren't discovered during settlement, the policy can cover these outstanding costs. Planning & zoning violations: Protection against loss if you cannot live in the house because it doesn't comply with local zoning laws. Is it worth It? These problems often stay hidden for years. You might buy a house that looks perfect, only to find out it has issues when you apply for your own renovation permits. For a relatively low, one-time fee, Title Insurance offers "peace of mind for your purchase." However, it is not a substitute for due diligence. Before you sign: Consult your conveyancer: They can help you finalise the policy during the settlement process. Research the provider: Ensure the company has a strong history of payouts and longevity in the market. Review the coverage: Understand what is specific to your property type (e.g., strata vs. green title). The Ascent perspective. From a financial planning standpoint, an unexpected $20,000 council-ordered demolition or a boundary dispute can derail your investment strategy. Title insurance is a small price to pay to ensure your property remains a secure asset rather than a legal liability. Are you planning a property purchase? Talk to the team at Ascent Property Co and Ascent Accountants to ensure your tax and financial structures are as solid as the roof over your head.
February 13, 2026
From 1 July 2026, the way employers make superannuation guarantee (SG) contributions will change. The Australian Taxation Office (ATO) has introduced Payday Super . This reform requires employers to pay super at the same time they pay employees’ wages. This is a significant update to the timing of super payments, and it’s important that your payroll processes and software are prepared well before the new rules commence. For full details, including eligibility and exceptions, see the ATO’s information on Payday Super. Key changes. Current requirements. Under the existing system, employers can make Super Guarantee payments to an employee’s fund up to 28 days after the end of the quarter. SG can be paid quarterly or more frequently (for example, monthly), and the current quarterly due dates are 28 October, 28 January, 28 April, 28 July. From 1 July 2026 Under the new Payday Super regime, Super Guarantee payments must be paid to an employee’s super fund at the same time as paying qualifying earnings (QE) — that is, on the employee’s payday . The payment must be received by the super fund within 7 business days of payday. There are limited exceptions to this 7-day deadline, such as for new employees. What you should do now. To ensure compliance with the new requirements, we recommend the following steps: 1. Review your payroll software and processes Confirm that your current systems can support on-payday super payments. If updates or changes are required, plan for implementation well in advance of July 2026. 2. Adjust internal procedures Update payroll calendars and workflows to align with the new payment timing, and ensure responsibilities and deadlines within your team are clear. 3. Seek advice if needed If you are unsure how the changes affect your business, or if your current setup requires modification, please contact us! We are here to help. 4. Review business cashflow. Ensure that the business cashflow will allow you to pay the superannuation on time, each payday. If not, you’ll need to put plans in place. We’re here to support you. These changes will affect all employers with staff and will require planning and preparation. If you have any questions or need assistance reviewing your systems and processes, please get in touch with the Ascent team.
January 14, 2026
Set business goals you’ll actually hit. Track what matters, review often, celebrate wins, and make growth intentional. Read today’s article to learn more.
January 14, 2026
Understand the difference between major and minor building defects before you buy. Learn what’s serious, what’s wear and tear, and avoid costly surprises.
January 14, 2026
Thinking of starting a small business? Before you dive in, make sure your foundations are set: structure, ATO registrations, super, and workers comp. We’ve put together a simple guide to help you get started.
More Posts