Tax Tip 4: Borrowing to Pay investment expenses

Discussion in 'Accounting & Tax' started by Terry_w, 18th Jul, 2015.

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  1. kevilian

    kevilian Well-Known Member

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  2. Terry_w

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

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    If your offset account contains only cash then there is not issue.

    If you have borrowed and parked in an offset account and were to use this to pay the interest you would essentially be borrowing to pay interest - which you should learn about in another tax tip - capitalising interest
     
  3. markson

    markson Well-Known Member

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    @Terry_w @Paul@PFI

    Is this still accepted by the ATO?

    This ATO video makes mention that your deductions could be rejected by the tax office for using this method. Starts @2:15

    Just wondering why its a "maybe" and not a simple yes or no.




     
    Last edited: 12th Jun, 2016
  4. DaveM

    DaveM Well-Known Member

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    They are discussing capitalising interest in that scenario, not using a LOC to pay operational expenses.
     
  5. Terry_w

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

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    Exactly - the words they used were (to the effect of) 'defer payment on the investment loan'.

    Nether the less you need to get your own tax advice on whether the ATO may apply Part IVA to deny the deduction of interest on loans used to fund investment expenses.
     
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  6. markson

    markson Well-Known Member

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    Looking at how popular this thread is surely the ATO has made a private ruling either way.
     
  7. Terry_w

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

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    Not that I am aware of.
     
  8. Sully

    Sully New Member

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    Hi Terry,
    Thanks for all the advice, tips and knowledge you share on the forum.
    I am a newbie so please bear my lack of knowledge.

    I understand if we do all the expenses from the borrowed money (LOC) that means more money in the PPOR's offset from the rent and we can pay off the PPOR loan faster.

    But does it mean that the extra money in the offset (say $4000/year) going to increase my annual income as well and say I am earning over 87K, do I have to pay 37% tax on it?
     
  9. Beano

    Beano Well-Known Member

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    Is t
    Is the credit card surcharge tax deductible?
     
  10. Terry_w

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

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    Money in an offset is just savings not taxable income.

    But indirectly it could mean more tax - example you have an offset on an investment property = less interest paid = more profit = higher income = more tax
     
  11. Terry_w

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

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    If the underlying expense was deductible I would think the surcharge would be.
     
  12. Paul@PAS

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

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    A surcharge is treated as if the original amount was higher for income tax purposes. It is not a separate cost.
     
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  13. Paul@PAS

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

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    I have a new thread on this issue.
    Warning - Paying Rental Expenses Using a Loan
    I have offerred to assist a taxpayer apply for a private ruling at no charge. My concerns are explained in that new thread.

    This offer may appeal to someone proposing to undertake such a process to capitalise interest on property expenses (not interest) rather than someone doing it already.
     
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  14. lamentra

    lamentra Member

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  15. Starbright

    Starbright Well-Known Member

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    Hi @Terry_w

    Can 1 IP offset account (offset with cash, not borrowed funds), be used to pay for multiple IP's expenses? All in one name only. Do I need to use separate offset accounts to pay expenses for each separate IP?

    If the answer to Q1 is yes, then can 1 IP offset account also be used to pay expenses on a property in a trust/co structure? This would be using cash offset in my name to pay for expenses on an IP in a trust name.

    Thanks
     
  16. Terry_w

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

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    Yes but it would be a mixed loan.

    You should get some tax advice before doing this.
     
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  17. Terry_w

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

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    You can use your cash whereever you like with no direct tax consequences.
    Tax Tip 82: Taking money from an offset account on an IP and Claiming Interest https://propertychat.com.au/communi...-account-on-an-ip-and-claiming-interest.6012/

    But should you be paying for someone elses expenses? If you do pay trust expenses how will you be reimbursed? Will it be a loan or a gift? It might be better for the trustee to borrow, from a bank.
     
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  18. Terry_w

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

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    Where multiple expenses all need to be paid around the same time a person may have a greater justification in borrowing to pay these expenses.
     
  19. lamentra

    lamentra Member

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    @Terry_w Thanks Terry for great posts - i've also read your tax tip 1 - parking borrowed money in an offset account
    My questions is, if I have the below 2 available facilities to pay for my tax deductible/investment expenses, equity drawn from a PPOR turned investment property.

    Option 1 - LOC, higher interest rate
    Option 2 - Interest only investment home loan, lower interest rate, no offset, redraw facility, no contamination i.e. money going out are directly for investment expense

    Which will be the better option? or is it logical to think that the investment home loan is better, since the interest is lower.
     
  20. Terry_w

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

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    Lower rate would be better as long as you can pay from the loan account.
     
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