Parental loan w no non deductible debt implications?

Discussion in 'Accounting & Tax' started by Jamesaurus, 17th Dec, 2018.

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  1. Jamesaurus

    Jamesaurus Well-Known Member

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    A "friend" has the following scenario:
    - 2 IP's,
    - no PPOR (living at partners house for minimal rent),
    - both IP's on P&I repayments, but one IP's offsets IO rate has a IO split ~80k (20k offsetting this atm)
    - Parents have 60k in a savings account they have offered as an interest free loan to top up this IO split and minimise interest (high 4's on the IO split).

    Are there any tax or legal obligations to consider for the investor or the parents?
    What about if the investor was to repay the parents say 3% interest?
     
  2. Terry_w

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

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    Yes and yes
    yes
     
  3. Jamesaurus

    Jamesaurus Well-Known Member

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    / would anyone like to share their experiences with similar scenarios or what might be some talking points to discuss with a solicitor?
     
  4. Paul@PAS

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

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    What happens if......sued, die, bankrupt, gambler, etc What about wills ?
     
  5. Terry_w

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

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    the 4 disasters
    a) bankruptcy
    b) incapacity
    c) death
    d) divorce
    of anyone in either family

    and, in no particular order:
    who should be the lender
    who should be the borrower
    interest rate
    terms of any loan agreement
    limitations act
    documenting any loan agreement
    forgiving loans at death?
    penalty rates
    assignment of debt
    documentation and transactions
    social security act effects
    part iva itaa36
    refinancing later
    security for loan
    alternatives
     
  6. Lurkingintheshadow

    Lurkingintheshadow Member

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    A lawyer should be consulted. Accountants who are registered tax agents could advise purely on tax issues which would only cover a small aspect of all the issues.
     
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