Investment loan - 2 applicants with 1 name on property title

Discussion in 'Accounting & Tax' started by CheckMate, 28th Jul, 2021.

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  1. CheckMate

    CheckMate Well-Known Member

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    Hi,

    I'm considering to refinance my investment loan. The property is solely under my name but my broker advised me that I won't be able to refinance without including my wife as an additional applicant.
    Assuming we apply jointly for the loan will my wife be able to claim her portion of interest repayments as tax deduction without changing the title?

    Thank you!
     
  2. Terry_w

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

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    no
     
  3. CheckMate

    CheckMate Well-Known Member

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    I assume I won't be able to claim 100% of interest payments myself, so is there any way around it to maximise tax returns?
     
  4. Morgs

    Morgs Well-Known Member Business Member

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    Is there a possibility to use spousal servicing guarantor or common debt reducer?
     
  5. CheckMate

    CheckMate Well-Known Member

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    Thank you for the suggestion. I'm afraid common debt reducer won't help in this case and I'll ask my broker about the first option.
     
  6. Terry_w

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

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    best not to assume as it can be costly.
     
  7. Terry_w

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

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  8. CheckMate

    CheckMate Well-Known Member

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    Terry_w likes this.
  9. Paul@PAS

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

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    Your assumption is the issue. Its wrong.

    Rental income and expenses are treated for tax purposes the same as LEGAL title. Not who borrows. Some lenders allow a additional spouse borrower. This doiesnt mean she has any legal interest and she cant claim a cent.
     
  10. Colin Rice

    Colin Rice Mortgage Broker Business Member

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    Lenders often require other applicant to be on the title, min 1-10% ownership share
     
  11. CheckMate

    CheckMate Well-Known Member

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    Hi Paul,

    Can you explain it to me as to a dummy?
    If I add my wife to refinance application and she's not on the title what I will be able to claim and what will she?
    In my understanding it's 50% of interest for me and 0% for her. But I'm happy to be wrong.

    Thanks!
     
  12. Terry_w

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

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    Did you see my responses above? You are wrong
     
  13. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    Not a tax guy

    Apply the purpose test, the funds are used to repatriate debt that was taken out to buy an asset in your name ......deductability flows to you.

    ta

    rolf
     
  14. Terry_w

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

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    The purpose is irrelevant. Its the use to which borrowed funds are put that allows interest to be deductible.
     
  15. CheckMate

    CheckMate Well-Known Member

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    Hi Terry, I appreciate the help but continuously saying that I'm wrong without saying what is right doesn't help me too much.

    My assumption comes:
    1. from the parallels when A and B have funds in joint savings account and earn interest each of them pay taxes on 50% of the interest.
    I thought that with loan interest repayments I can claim only 50% similar to the above.

    2. And because what you wrote in your Tax Tip 79:
    "So where A owns the property and both A and B are on the loan who can claim the interest?
    Only A can as A is the owner of the property."

    So adding 1 and 2 together I came into the wrong conclusion.

    Now back to the previous question: will I continue be able to claim 100% of the interest after adding my wife to the loan without her being on the title?

    Thank you all.
     
  16. Terry_w

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

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    i am not about to give you legal advice without knowing all the details or charging you.
     
  17. CheckMate

    CheckMate Well-Known Member

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    I'm not asking for a "legal" advice and I did use your services last time I refinanced 2 of my loans (Phillip Tang assisted me).
     
  18. Terry_w

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

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    in that case send me an email and I will give you free legal advice
     
  19. CheckMate

    CheckMate Well-Known Member

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    Mail sent, thanks a lot!