Changing loan from one name to two

Discussion in 'Accounting & Tax' started by Subdivide and conquer, 16th Oct, 2020.

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  1. Subdivide and conquer

    Subdivide and conquer Member

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    Hi everyone,

    thanks in advance. I'm pretty sure I know the answer but I'd like to hear what others think.

    I have an IP title and mortgage just in my name. It's refinancing time, it's at 4.8% - can you imagine?

    Anyway, thanks to the new laws my broker says gone are the days of a single name if you're married and living together. The refinancing will need to be put in both of our names. Not ideal.

    Obviously, I claim 100% of the interest at the moment. Does this mean that when it goes into both our names that I can only claim 50% of the interest? The title will remain in my name, and I'd assume all the expenses are 100% deductible. So here are my questions.

    1. Can I only claim 50% of the interest?
    2. Are all the usual costs, insurance, repairs, etc still able to be 100% claimed by me?
    3. Is there any way around this?

    Since the interest rate is so high anyway, only claiming 50% but dropping the rate by half will approximately be a similar amount of total costs, but obviously not deductions.

    Thanks!
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    That doesn't make sense. If you are the owner gone are the days of putting the spouse who is a non-owner on the loan - tightening up of the code of banking practice happened last year:

    Loan Tip: Co-Borrowers, new requirements Loan Tip: Co-Borrowers, new requirements

    What you would probably have to do is make the spouse a guarantor with you still the sole borrower (and sole mortgagor).

    If you could get a loan in both names generally this won't affect tax deductions at all.
     
    Subdivide and conquer likes this.
  3. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    If your loan service in just your name no issue

    Your partner will be a borrow of convenience for the banks use, and the loan will be 100 % deductible to the person that receives income and capital on sale.

    Im not a tax guy so seek specific personal advice

    High interest ?????????? pls elaborate

    ta
    rolf
     
  4. Subdivide and conquer

    Subdivide and conquer Member

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    Sorry, maybe I misunderstood.

    We are also splitting the loan to draw on equity, so perhaps the broker meant the new loan, not the old loan? I'll have to confirm.
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    Doesnt seem right at all. Lets go back to the 50s and make sure the hubby approved a loan for the wife ?
    Cant you service the loan ? High rate and issue seems to indicate something.
     
    Pingu1988 likes this.