Strata Title and Body Corporate — Federal Aspects in Tasmania

Source: Income Tax Assessment Act 1997 (Cth); A New Tax System (Goods and Services Tax) Act 1999 (Cth); Corporations Act 2001 (Cth); ASIC Regulatory Guide RG 140

Reviewed by the Commoner Law Editorial Team. Sourced from Commonwealth Acts of Parliament, federal regulations, and official government guidance. State-level information reflects each state's own Acts and court decisions. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Australian Federal Law

What is this right?

Strata and body corporate schemes are mainly governed by state law, but several federal rules have a direct impact on owners and investors in strata-titled property.

Tax deductions: Owners of investment units can claim strata levies (both administrative and capital works fund contributions) as a tax deduction under the Income Tax Assessment Act 1997. Capital works deductions are available at 2.5% per year over 40 years for buildings constructed after 15 September 1987.

GST: Strata levies on residential lots are generally GST-free. However, if a body corporate earns income from commercial activities (e.g., renting common property to a telco), it may need to register for GST once turnover exceeds $75,000 per year.

ASIC regulation: Some large strata or serviced-apartment schemes are classified as managed investment schemes under the Corporations Act 2001 and must be registered with ASIC. This is common in hotel-style strata and holiday-letting pools. If your scheme is ASIC-registered, you have additional rights to financial statements, member votes, and an independent compliance plan.

When does it apply?

You own an investment unit in a strata scheme and are lodging a tax return.
You are considering buying into a serviced apartment or hotel-strata scheme that may be ASIC-regulated.
Your body corporate earns commercial income and may be required to register for GST.
You are claiming capital works deductions on a strata property built after September 1987.

What to Do If You Have Tax or ASIC Questions About Your Australian Strata Property

Get a quantity surveyor's report for capital works deductions — it identifies depreciable items and maximises your claim. Reports typically cost $600–$800.
Check the ASIC managed investment schemes register if buying a serviced apartment — registration means the scheme is subject to Corporations Act protections.
Ask the body corporate secretary whether the scheme is registered for GST, especially if it has commercial income from common-area leases.
Keep all strata levy receipts — your accountant will need them at tax time if the property is an investment.

What should you NOT do?

Don't claim strata levies on your own home — deductions are only available for investment properties that produce assessable income.
Don't ignore ASIC-registered scheme disclosures — if the scheme requires a Product Disclosure Statement (PDS), read it carefully before buying.
Don't confuse capital works fund contributions with repairs — they have different tax treatment. Repairs are immediately deductible; capital works are spread over 40 years.
Don't assume all strata schemes are alike — a holiday-letting pool has very different federal obligations from a standard residential body corporate.

Tasmania Law

How Tasmania differs from federal law

Strata title in Tasmania is governed by the Strata Titles Act 1998 (Tas), which sets out the framework for the creation and management of strata schemes in the state.

The Strata Titles Act 1998 (Tas) provides for the creation of strata schemes, the establishment of bodies corporate to manage common property, and the rights and obligations of lot owners.
The body corporate (equivalent to an owners corporation) is responsible for maintaining common property, holding annual general meetings, managing finances (including an administrative fund and a maintenance fund), and taking out insurance.
Disputes between lot owners, tenants, and bodies corporate can be resolved through the Magistrates Court (Civil Division), which has jurisdiction over strata title matters.
Bodies corporate in Tasmania must maintain building insurance covering the full replacement value of the building and common property.
CBOS provides guidance on strata title rights and responsibilities in Tasmania.

Additional Steps in Tasmania

For strata disputes, first attempt resolution through the body corporate. If unsuccessful, apply to the Magistrates Court (Civil Division). CBOS (cbos.tas.gov.au) provides educational resources. For legal advice, contact Legal Aid Tasmania or a private solicitor.

Relevant Law: Strata Titles Act 1998 (Tas); Body Corporate and Community Management regulations; Land Titles Act 1980 (Tas)

Common Questions

When does strata title and body corporate — federal aspects apply?

You own an investment unit in a strata scheme and are lodging a tax return.You are considering buying into a serviced apartment or hotel-strata scheme that may be ASIC-regulated.Your body corporate earns commercial income and may be required to register for GST.You are claiming capital works deductions on a strata property built after September 1987.

What should I do about tax deductions and GST obligations for my strata property in Australia?

Get a quantity surveyor's report for capital works deductions — it identifies depreciable items and maximises your claim. Reports typically cost $600–$800.Check the ASIC managed investment schemes register if buying a serviced apartment — registration means the scheme is subject to Corporations Act protections.Ask the body corporate secretary whether the scheme is registered for GST, especially if it has commercial income from common-area leases.Keep all strata levy receipts — your accountant will need them at tax time if the property is an investment.

What mistakes should I avoid with strata title and body corporate — federal aspects?

Don't claim strata levies on your own home — deductions are only available for investment properties that produce assessable income.Don't ignore ASIC-registered scheme disclosures — if the scheme requires a Product Disclosure Statement (PDS), read it carefully before buying.Don't confuse capital works fund contributions with repairs — they have different tax treatment. Repairs are immediately deductible; capital works are spread over 40 years.Don't assume all strata schemes are alike — a holiday-letting pool has very different federal obligations from a standard residential body corporate.

Strata Title and Body Corporate — Federal Aspects in other states

Same topic, different jurisdiction. Pick the one that applies to you.