Have I Mixed the Loan Purpose

Discussion in 'Loans & Mortgage Brokers' started by New Town, 19th Jan, 2018.

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  1. New Town

    New Town Well-Known Member

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    Hi All

    I had a CBA LOC against my PPR for $700k and have drawn down $600k to form the deposit on a handful of IPs, and a $100k balance remaining. The interest on the $600k was deductible.

    I've just refinanced the LOC with the bank as it had a high interest rate. I wanted to keep the remaining $100k to potentially use in the future the same way. The CBA set it up that I now have a $700k debt and $100k (MISA) credit as a partial offset. However the unused $100k is now incurring interest of 2.64% as a partial offset.

    Can I check with you that this refinancing hasn't changed purpose or deductibility of interest?

    Thanks
     
  2. Jess Peletier

    Jess Peletier Mortgage Broker & Finance Strategy, Aus Wide! Business Member

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    Weird - why partial offset?

    If you pay the $100k back into the loan you should be sweet, but confirm with your accountant.
     
  3. Terry_w

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

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    What you should have done is split the loan with $600,000 as a term loan and $100,000 as an unused LOC.

    Now you have borrowed to deposit into an offset account and being charged interest - which could not be deductible.

    Best to change before use.
     
  4. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    I smell a fixed rate loan

    ta
    rolf
     
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  5. Jess Peletier

    Jess Peletier Mortgage Broker & Finance Strategy, Aus Wide! Business Member

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    In which case it's going to be pricey to sort out, possibly.

    That said, I had a client break a fixed rate recently for no cost, so might be a good idea to sort it asap.
     
  6. New Town

    New Town Well-Known Member

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    Hi, thanks for feedback. Yes, the $700k is fixed :eek::confused:
     
  7. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    Thats why you have a 40 % MISA I guess.

    if you were my client................and I know more about you

    id do a partial break quick smart and set that LOC money aside either in a Viridian LOC or an SVR with Every day offset

    Im not a tax guy, id say your current structure is ok tax wise if the MISA only has the borrowed funds in it, BUT you are paying a chunk of interest here

    ta
    rolf
     
  8. Terry_w

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

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    I am a tax guy and think this would have issues.
     
  9. New Town

    New Town Well-Known Member

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    Hi All

    I felt a bit stitched up by the bank as the partial offset thing was not what I had requested and I’m now incurring a (reduced) interest on money I have effectively not borrowed. Because the main loan is fixed I couldn’t simply remove it without incurring their arbitrary penalty charge.

    At the same time, post APRA, I didn’t want to make a song and dance and demand a full review when very possibly I wouldn’t stack up for the full loan I already have.

    Thankfully my accountant views the interest payable on the MISA is deductable given the intention and purpose is for investment – which it is. He mentions that as long as there is not a substantial lag time to use it for its purpose.

    There you go – compelled by the bank to buy another IP. Sweet!
     
  10. Terry_w

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

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    I don't know about that. I personally don't think it could be deductible as the interest doesn't relate to any property at the moment. But hopefully the ATO won't be hard arses about it.
     
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