Owner-Occupier Loan for IP

Discussion in 'Accounting & Tax' started by Eddytaddy, 1st Aug, 2018.

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  1. Eddytaddy

    Eddytaddy Member

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    Hi all

    This may sound dumb, but have anyone (assuming high income earners who can secure loan without problems) tried to apply for owner-occupier loan from lenders to purchase an IP?

    Is that even possible? And what would the consequence be, apart of lower borrowing capacity due to exclusion of rental income in debt serviceability calculation? Most importantly, will the interest of the loan still tax deductible?

    Given the significantly lower rates with Owner-occupier loan cf Investor loan, I would have thought this idea to be attractive.

    Any insights would be greatly appreciated.
     
  2. thatbum

    thatbum Well-Known Member

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    Are you talking about lying to the lender about the fact of whether you live there or not?
     
  3. Paul@PAS

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

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    You want to mislead a bank ? Loads of other ways you can lie eg false income etc.

    For a long time many banks had no idea if properties were OO or IPs. APRA ripped into them. The rate differential is meant to cover the different ways bank must retain capital and this affects the cost of funding.

    Wont change tax deductions...You can apply for a personal car loan and use it for buying an IP if you want.
     
  4. Terry_w

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

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    Potentially a breach of contract. But you need to consider what could come out of it
     
  5. Eddytaddy

    Eddytaddy Member

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    Hi Paul,

    Wouldn't want to go that extreme.

    To me, lying about intentions is nothing, since plans always change. You may intend to use it as IP during loan application but change mind after settlement. But false income etc which may suggest forging documents is really over my moral limits.

    So back to the questions, have anyone known if OO loan for IP is possible at all?
     
  6. Eddytaddy

    Eddytaddy Member

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    Hi Terry,

    Always appreciate your insightful reply. What would the consequence be for a breach of contract?

    Would the bank cancel the loan?
     
  7. Terry_w

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

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    You would have to read the contracts to find out.

    Highly doubt they could or would call in the loan. Probably just start charging you higher interest.

    Consider the crime of 'obtaining a financial benefit by deception' too,
     
  8. Eddytaddy

    Eddytaddy Member

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    Thanks Terry. Yes Crime is the biggest picture I would consider. Definitely not going to risk myself any crime just to save a little on interest rates.

    I assume the judgement on the crime would be based on the intention whether to cheat for financial benefits or to genuinely change your mind after the settlement.

    Thanks for the feedback. I shall not proceed with the idea.
     
  9. Terry_w

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

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    Although it may be a crime how likely would it be that you are ever charged, let alone convicted.
     
  10. Brady

    Brady Well-Known Member

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    It's more common than you think, but lenders are looking into it...
    Expect potential further questions to be asked if you're changing state or distance to employment/schooling etc.
     
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  11. Paul@PAS

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

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    Change your mind in 45 days...Right. So just let the lender know its now owner occupied or investor. Typically may mean two loans change...The former OO one is now investor and the investor is now OO. Maybe.
     
  12. Eddytaddy

    Eddytaddy Member

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    Yes, so what would happen after notifying the lender on change of situation? Would they force you to refinance? In my example, would they force you into higher-rate investor loan?

    PS: not related to topic, but my business partner change his mind in 20 days and walk away after I set the whole business up. So changing mind is possible regardless of the timeframe.
     
  13. Rolf Latham

    Rolf Latham Inciteful (sic) Staff Member Business Plus Member

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    force implies unrealistic pressure or close to unconscionable conduct.

    No

    They would probably just ask you to abide byt the to the contracts terms you agreed to..............

    thats very different to FORCE

    ta

    rolf
     
  14. Loverenting

    Loverenting Well-Known Member

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    No one will give advice to lie but this or similar questions have been asked and talked about a lot on this forum. You can search more, read and act at your own risk.
     
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