How to avoid issue similar to Domjan's case

Discussion in 'Accounting & Tax' started by Ben S, 20th Aug, 2018.

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  1. Ben S

    Ben S Member

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    I have found the tax tip #1 from Terry about parking the redraw money into the offset account. I wonder if there is a way to prevent the redraw to be treated as non-deductible?

    I am having a loan with bank A for investment property. And I want to redraw about $120k to settle a new investment property. BUT, I would like to get the 2nd loan with bank B (different bank).

    Bank A told me that I cannot redraw and put the money directly to bank B. So that money has to park in one of my everyday-accounts and I have to make a transfer to an account to bank B.

    Is there any way to move that money without losing the tax deduct-ability of that $120k?
     
  2. Paul@PAS

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

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    Nobody says redraws are non-deductible. It is the USE of all borrowed money that determines if a deduction is permitted. The other issue concern tainting the redrawn funds so that it is a blended loan this reduces deductions over time.

    The $120K must reasonably be evident as being used to pay for a new IP for example. You could move the redrawn funds to an offset with no other $$$. Or to a savings account with no other $$$ in it and then when its paid to the lawyers etc FROM THAT DATE (?) the interest should still be deductible. It may be as simple as not mixing the loan $$$ with any other money.

    Or the Bank could give you a LOC or undrawn limit which you later draw down. Some loan accounts have a redraw facility. or on day 1 bank lends you $120K they expect it to be advanced. Then the next day you can repay that loan and the account limit remains available. A few weeks later you draw it down. Your broker can address these issues as each lender may have different rules. You dont want to repay a loan and end the loan....But redraws may assist this.

    There was a concerning media article this week about a major bank seeking to CLEAR all undrawn redraw balances in the next month so take care
     
    Last edited: 20th Aug, 2018
  3. Terry_w

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

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    All explained in my tax tip 1
    Tax Tip 1: Parking borrowed money in an offset account Tax Tip 1: Parking borrowed money in an offset account
     
  4. Rex

    Rex Well-Known Member

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    This doesn't sound good, do you have a link?
     
  5. Paul@PAS

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

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  6. Ben S

    Ben S Member

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    If I am not mistaken, if the account balance is $0.00 before I redraw, it should be fine.

    TerryW, PaulPFI, what if I cannot use all the $120k for settlement? After paying stamp duty, solicitor, the remaining deposit, bank fees or bank cheques, etc. Let's say if it remains $1,xxx after the settlement. Should I return that fund back to loan in bank A? Will that $1,xxx causes mixed loan? But I will try to make the redraw as close as the required fund for settlement. But just in case.
     
  7. Terry_w

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

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    What does your tax adviser say?
     
  8. Ben S

    Ben S Member

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    She said wait until getting the final figure for the settlement, then do the redraw to that amount.
     
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  9. Terry_w

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

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    That might be a good approach
     
  10. Paul@PAS

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

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    Plan B can be to repay the loan back to that value if the drawn funds are excessive.
     
  11. Ben S

    Ben S Member

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    There is a reason I want to redraw the fund from loan in bank A to cover the settlement cost on loan B with just a little extra (few hundreds) to cover in case when they want to issue additional cheques or whatever fee they need.

    That why even I get the settlement figure from my solicitor, I still want to redraw a little bit more. (say extra $500). Does this make sense?

    Someone told me why bother moving the fund back to the loan in Bank A. If the fund is only $500, since that money is in bank B then I can just put the money in the loan B. As long as I don't use that left over money for personal use.

    I checked back with my tax consultant, still getting annoyed, since the advice is the make the exact redraw to the settlement figure.
     
  12. Terry_w

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

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    Why get annoyed. You can either follow the advice or disregard it.
     
  13. Ben S

    Ben S Member

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    You're absolutely right, I should trust the professional anyway.