Deductability of interest - loan in wife name, asset in husbands name

Discussion in 'Accounting & Tax' started by Blueskies, 13th Mar, 2019.

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  1. Blueskies

    Blueskies Well-Known Member

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    Hello PC Tax gurus,

    I am seeking confirmation or otherwise if the proposed straightforward scenario is acceptable:

    - I have an undrawn loan in my wifes name only.
    - I would like to invest this money in the sharemarket into holdings that would be in my name only.

    Can I claim a deduction for the interest incurred? I am assuming this should be ok, from what I have been able to find it is effectively a loan from my wife to me and I am paying the interest at the bank rate back to her. Interest would be paid from our joint cash account. Am I missing anything?

    Any advice appreciated.
    Many thanks
     
  2. Terry_w

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

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    She would need to lend you the money.
     
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  3. Blueskies

    Blueskies Well-Known Member

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    She will, I meet her servicing criteria ;)

    Seriously though, will a simple 1 page loan agreement suffice then, signed by us both and retained with tax records?

    Thanks Terry

     
  4. Terry_w

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

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    it probably would, but I cannot say for sure
     
  5. Paul@PAS

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

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    Depends what you buy. Buy shares for dividends (yes). Buy shares to trade for profit etc ( = No.)

    Look at marginal tax rates too.
     
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