Consolidating Split Loans - Do I maintain tax deductibility?

Discussion in 'Accounting & Tax' started by Jusebert, 18th Aug, 2020.

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  1. Jusebert

    Jusebert Member

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    Okay so I have been lurking on here for a while and can't seem to find a conclusive answer. Even TR 2000/2 doesn't give me a clear answer on this. I have also requested an early engagement with the ATO just to see if they give me a clearer picture on this but thought I would put this post up to see if anyone else has any insight into it.

    Let's say I have 3 Splits on my PPOR home loan.
    Split 1 - 200k - Not Tax Deductible Interest
    Split 2 - 20k - Tax Deductible Interest
    Split 3 - 20k - Tax Deductible Interest

    My bank allows me to consolidate splits, if I were to consolidate Split 2 and 3 into a 40k split, do I maintain the tax deductible interest, or does the ATO say that you can't say where the consolidated money came from and it becomes mixed?

    Thanks in advance.
     
  2. Paul@PAS

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

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    There would be no problem with consolidating 2 + 3 since both are non-deductible. ideally a offset against that loan. Dont consolidate split 1 with other purposes as that then blends that loan.

    Always retain records of old loans and new refinanced loans as the ATO expect to see the trail for any loan where deductions are claimed. They will want to go back to day #1
     
  3. Terry_w

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

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    Yes, that is just a refinance and doesn't change deductibility of interest. But there could be other consequences such as if the loans were used by different entities
     
  4. Jusebert

    Jusebert Member

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    Just being used for debt recycling purposed. But i can only have a maximum of 4 splits so eventually would need to consolidate and then create a new split to pay off, redraw, and invest with.

    I should have been clearer that split 2 and 3 are basically redrawn (99.9%) and purchased income producing shares.

    The idea was consolidate the split, and then create a new split off of the PPOR balance for another 20k.
     
  5. Paul@PAS

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

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    So 2 & 3 arent non-deductible. But if used for same purpose it may be practical to consolidate. Unwise to consolidate with #1 as its a different purpose and use of funds.

    Definately retain evidenc of the old loan for the refinance as the ATO may later seek info on how 2 & 3 were used to acquires shares.
     
  6. Jusebert

    Jusebert Member

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    Thanks for the replies. Definitely big on record keeping for anything tax related
     
  7. Terry_w

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

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    hope you are not debt recycling without tax advice.
     
  8. wylie

    wylie Moderator Staff Member

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    Two comments in answers saying Loans 2 and 3 are non-deductible. But aren't those two loans the ones that are deductible? Or am I reading it badly?
     
  9. Jusebert

    Jusebert Member

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    I won't be getting into debt recycling until I speak with an accountant about it but I like to have an understanding of it all anyway. I think the first reply didn't read my original post but has realised what I meant.
     
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  10. Jusebert

    Jusebert Member

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    Trying to find an accountant that can provide advice in my area - I guess I don't need the person to be in my area though.
     
  11. wylie

    wylie Moderator Staff Member

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    I'll send you a PM with our account's name. He's well able to help you with this question.
     
  12. Terry_w

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

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    to be clear, Assuming that the 2 splits do relate to investments are are deductible interest, I see no reason why the combining of these splits would not remain deductible.
     
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  13. Jusebert

    Jusebert Member

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    Yep that's what I got from the thread thanks.
     
    Terry_w likes this.