Tax Tip 59: Borrowing to Buy shares

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

Join Australia's most dynamic and respected property investment community
  1. Dave C

    Dave C New Member

    Joined:
    30th Jul, 2018
    Posts:
    2
    Location:
    Sydney
    Thanks for your reply.
     
    Terry_w likes this.
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,929
    Location:
    Australia wide
    Note that where the shares are paying out in special bonus shares rather than dividends the interest will not be deductible where the bonus shares are not assessable as dividends. Some are not taxed until they are sold.
     
  3. Andy316

    Andy316 Active Member

    Joined:
    28th Jul, 2019
    Posts:
    25
    Location:
    Melbourne
    If the interest you pay on the loan to purchase shares is higher than the total dividend income, can the remaining interest be offset against future capital gains?

    I.e. Interest on loan, 10k p/a. Dividend income, 8k p/a. 2k remaining interest against the cost base of the shares?
     
  4. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,929
    Location:
    Australia wide
    It would be offset against income
     
  5. Andy316

    Andy316 Active Member

    Joined:
    28th Jul, 2019
    Posts:
    25
    Location:
    Melbourne
    Sorry to for the basic newbie questions! I take it you mean other income earned from work, similar to negative gearing for property? But if there is no other income, just the share dividends?
     
  6. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,929
    Location:
    Australia wide
  7. Andy316

    Andy316 Active Member

    Joined:
    28th Jul, 2019
    Posts:
    25
    Location:
    Melbourne
    Fantastic, thanks mate!
     
    Terry_w likes this.
  8. MangoMadness

    MangoMadness Well-Known Member

    Joined:
    20th Feb, 2020
    Posts:
    345
    Location:
    Adelaide
    Terry,

    in these turbulent times many companies are looking at suspending dividends for the near future, how does that impact the tax deduction on borrowing to invest in income producing assets?

    Is there a difference between shares currently held in companies that suspend dividends and future purchases of shares of a company that has suspended dividends?

    Would this be dealt under ruling 9, that if the purchaser had a reasonable expectation that dividends would be paid in the short or long term?

    "9. As a general rule, interest on money borrowed to acquire shares will be deductible under the first limb of subsection 51(1) where it is expected that dividends or other assessable income will be derived from the investment. Such an expectation will usually exist as shares by their very nature are inherently capable of generating dividends, whether in the short or long term. However, such an expectation must be reasonable and not a mere theoretical possibility; there must be a prospect of dividends or other assessable income being received."

    Thanks for your time.
     
  9. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,929
    Location:
    Australia wide
    To claim the interest you need an expectation of dividends - that doesn't necessarily mean they have to be declared each quarter.
     
    SatayKing and MangoMadness like this.
  10. SatayKing

    SatayKing Well-Known Member

    Joined:
    20th Sep, 2017
    Posts:
    10,766
    Location:
    Extended Sabatical
    Assume it applies if dividend is declared but subsequently cancelled as the expectation is there. Odd quirks.
     
    momentum26 likes this.
  11. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    eg RDP was paying income and has suspended. VAS is still paying. It could stop but thats not a concern.
     
  12. asw1

    asw1 Well-Known Member

    Joined:
    22nd Jan, 2017
    Posts:
    57
    Location:
    Sydney
    Something I don't quite understand is using this strategy for ETF style products that distribute both income and CGT with each payment. Does this mean that only part of the loan interest would deductible annually and another part would need to be apportioned to the CGT distribution


    This would seem incredibly complicated and it might be best to invest only in shares and not ETFs using borrowed funds.
     
  13. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,929
    Location:
    Australia wide
    No
     
  14. asw1

    asw1 Well-Known Member

    Joined:
    22nd Jan, 2017
    Posts:
    57
    Location:
    Sydney
    Thanks Terry, appreciate your help and sharing your wisdom.

    To confirm I'm taking your no to mean that the whole interest component is actually deductible against income each year regardless of the investment being an ETF (with CGT dist) or Shares?
     
  15. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,929
    Location:
    Australia wide
    that is something you should seek your own tax advice on.It will vary depending on the circumstances.
     
  16. SatayKing

    SatayKing Well-Known Member

    Joined:
    20th Sep, 2017
    Posts:
    10,766
    Location:
    Extended Sabatical
    It can be useful to read the ETF's Product Disclosure Statement as well.
     
  17. Valhiem

    Valhiem Active Member

    Joined:
    20th Apr, 2021
    Posts:
    30
    Location:
    Brisbane
    Are the dividends required to be paid back onto the investment loan or can they be used to pay down PPOR non deductible debt?

    Also what happens if you sell some shares? are you required to repay this amount on to the investment loan? For example you buy $100,000 of X shares. The shares then increase to $110,000 and you sell down $10,000 worth, what are you allowed to do with this $10,000?
     
  18. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,929
    Location:
    Australia wide
    There are no requirements like that, just consequences.

    If you don't pay the interest on the loan you will be capitalising interest, but the dividends can go anywhere you won't.

    If you sell shares you can no longer claim the interest on any loan that was used to purchase them (except in a limited situation where you sell at a loss.

    You could do what you want with the $10k, but only about 91% of the interest would be deductible going forward if you didn't pay 10% of the loan back - rough %
     
    Baker likes this.
  19. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    ETFs are a listed traded security. No such thing as a PDS.

    The simple way to determine IF interest can be deductible to google "XXX Distribution History / Dividend History" where XXX is the ASX code. Those that pay pay regular income. Those that never pay never pay. Suspended dividend schemes MAY usually be OK. But f a entity had announced a change of events means it will be unable to continue to pay that would pose a issue.

    Many ETFs pay monthly, qtly, semi or annual income. Some pay none at all. Especially those link to US markets. US companies rarely pay dividends.
     
  20. ChrisP73

    ChrisP73 Well-Known Member

    Joined:
    5th Oct, 2018
    Posts:
    1,214
    Location:
    Brisbane
    I believe that statement to be incorrect.