Tax deductiblle loans

Discussion in 'Loans & Mortgage Brokers' started by melbourne171, 1st Oct, 2021.

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  1. melbourne171

    melbourne171 Well-Known Member

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    Many years ago, I redrawn fund from PPOR home loan to buy IP and claim tax deduction on interest. At that time, home loan was almost fully paid off, I opened a separate loan account secured by PPOR to purchase a IP.

    Now I am selling PPOR before buying a new PPOR. Technically, I must fully pay existing home loan and lose the tax deduction.

    Do you have any advice or better way to structure the loan without lose of tax deduction?
    Thanks
     
  2. Terry_w

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

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  3. Peter_Tersteeg

    Peter_Tersteeg Mortgage Broker Business Member

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    If there's now enough equity in the IP, you could refinance the equity loan to the IP, using that as the secutiy moving forward. When you sell the PPOR you no longer have to pay out that equity loan.
     
  4. melbourne171

    melbourne171 Well-Known Member

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    Thanks Terry and Peter
    I followed the strategy which Peter mentioned above. Credited to Terry in his example, too.

    I have refinanced IPs and got IP equity in offset accounts. Should I use this fund to pay off the equity loans against my PPOR before the PPOR settlement date?

    Take a closer look into my scenario

    2015: open a equity loan 1 of $150k against PPoR to buy IP1
    2018: open a equity loan 2 of $200k against PPoR to buy IP2
    9/2021: Refinance IP1 and IP2 and cash out into offset accounts: $50K and $230k (with a new lender)
    10/2021: Use $80K in offset accounts to reduce equity loan 1
    10/2021: Use $200K in offset account to pay off equity loan 2
    12/2021: settlement of PPOR
    1/2022: Settlement of new PPOR

    Can I claim tax deduction on two new IP loans?
     
  5. Paul@PAS

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

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    No. Not directly. However if the refinancing of the old loans is evident it may substiture the old loan deductible for the new ie a REFINANCE. Not enough info.
     
  6. melbourne171

    melbourne171 Well-Known Member

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    So, I rent somewhere to live and convert the new purchase into an IP.

    Later, when the loan of the new IP is paid off, I move in it. How is CG tax calculated on this house? Is it based on ratio of numbers of years I rent it out and I live in?
     
  7. melbourne171

    melbourne171 Well-Known Member

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    I think that 6 year CGT rule can be applied if I move in and stay for 6 months. Then, rent it out. Is it correct?
     
  8. Terry_w

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

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    If you did things correctly then yes, but not enough info
     
  9. Terry_w

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

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    this is a question unrelated to the loans question. It would be based on the number of days it was v wasn't the main residence.
    Tax Tip 120: CGT and moving into an Investment Property https://propertychat.com.au/community/threads/tax-tip-120-cgt-and-moving-into-an-investment-property.10714/
     
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  10. Terry_w

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

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    it could be, but it will depend on the circumstances.
     
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  11. melbourne171

    melbourne171 Well-Known Member

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    Hi Terry & Paul
    Thanks for your reply.
    What more information you need?
     
  12. Terry_w

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

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    I don't need anything, but you need to go and get some tax advice.
     
  13. melbourne171

    melbourne171 Well-Known Member

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    Thanks Terry,
    How do I engage your tax advice?
     
  14. Terry_w

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

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    you would need to become a client of my company Loan Structuring Pty Ltd
     
  15. melbourne171

    melbourne171 Well-Known Member

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    Thanks Terry. I will contact you in PM to find out more your services.
     
  16. melbourne171

    melbourne171 Well-Known Member

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    I will use offset accounts to pay off accounts refinanced against IP (leave $1 in loan accounts to prevent them closed) then redraw from IP loan accounts to repay the equity loans against PPOR. Hope this works