is this potential loan deductible?

Discussion in 'Accounting & Tax' started by NG., 20th Jul, 2018.

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  1. NG.

    NG. Well-Known Member

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    hi all, i had a senior tax accountant suggest me this, but did some research, and cannot find information to back it up?

    scenario; deposit and stamp duty was paid for via cash to acquire investment/income producing property.

    The accountant has advised that now that I have sufficient equity, I can now go ahead and borrow funds to cover the deposit and stamp duty initially spent to acquire said property, and place these funds into my non-deductible debt.

    Is this correct? LVR, cash flow is not a problem for me so getting a loan is fine. I just would like to get some thoughts please.
     
  2. Perthguy

    Perthguy Well-Known Member

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  3. Terry_w

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

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    A simple no.
     
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  4. Terry_w

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

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    Perthguy and MWI like this.
  5. MWI

    MWI Well-Known Member

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    Thank you Terry, excellent explanation.
    I thought any tax deductibility on any money lent depends what is it used for (above mentioned non-deductable debt, so why would it be deductible?), so if for a deposit for another IP purchase (hence income producing asset, this would be ok)....
     
  6. Terry_w

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

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    Yes use determines deductibility. The trouble is the expense has been paid for so it no longer exists, hence you couldn't borrow to pay it.
     
  7. Terry_w

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

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  8. Paul@PAS

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

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    The accountant should retire due to old age and bad advice if that was what they told you. Its 100% wrong.

    You cannot refinance something that was never borrowed. And since is was paid in cash it cant be a refinance or a new borrowing. You cant lend yourself money !! However you may be able to allocated a specific cost or two eg repairs so that new borrowed $$$ can be used. But take care its not a scheme - That can occur if you pay for loan repayments using borrowed $$$ without a sound reason.

    Switching non-ded debt and deductible debt should always be undertaken with extreme care.
     
  9. Paul@PAS

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

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    Yes.
     
  10. NG.

    NG. Well-Known Member

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    Thank you @Terry_w and @Paul@PFI

    I'm imagining that possibly in the accountant's clients position. Possibly the bank how many years ago increased existing owner occupied loan, thus this (plus a private ruling) was to fix the bank error... anyways I am speculating here, and I am glad I got this covered! Thanks again Gentlemen!
     

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