Tax Tip 9: Don’t use Cash in Offset account to Invest

Discussion in 'Accounting & Tax' started by Terry_w, 3rd Aug, 2015.

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  1. Terry_w

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

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    My advice is to not take tax advice from a broker
     
  2. Paul@PAS

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

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    Ironic you arent using Terry (who is a broker, and solicitor with excellent tax skills)....Suggestion. Get free complementary advice and use Terry.
    Mortgage brokers cannot and should not give tax advice or opinions on deductibility.

    eg Is the 20% and duty a seperate split ? If not it should be. The thread name should also indicate a iossie that could arise from using the offset / equity the way you describe.
    Also the way you described it the equity out is after the IP settles so how could that be deductible ?
     
  3. Mrunal

    Mrunal Member

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    20% and duty is a separate split.
    The question was - the equity I get out of PPOR to be able to pay 20% & duty - as this equity is going towards IP, will that be tax deductible?
    Or they look at the source of equity and can't claim it as an investment expense?
     
  4. Terry_w

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

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    Equity is never tax deductible
     
  5. Paul@PAS

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

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    The question is - If I use a new borrowing to assist with 20% of the deposit and the duty on a new property is the interest on that loan deductible ?

    A = Yes quite likley but some matters do need to be considered. It doesnt matter what the loan security is ie the home. It is how the borrowed money is used eg the IP. It would be critical to ensure that the new borrowing doesnt pass through a savings account, blended offset etc as well. Just because the borrowings seem to have been used it doesnt necessarily mean the USE of the borrowed $$$ is a clear issue.
     
  6. Mrunal

    Mrunal Member

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    Appreciate your response.
    I have spoken to the accountant and broker and clarified below:
    Current PPOR loan to be refinanced(topped up - split loan to keep $$ used for investment separate), 20% IP & duty will be paid from this and it will be tax deductible(of course only $$ used for IP, not the whole amount).
    IP loan with 80% lvr.
     
  7. Mike A

    Mike A Well-Known Member

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    @Terry_w is doing free consults ? i needed someone to refer matters to.
     
  8. Terry_w

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

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    Only free for existing clients of my broking company.
     
  9. Kelstan2009

    Kelstan2009 Member

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    Hi @Terry_w , I am in the process of refinancing my IP - Valuation has come back quite favorable so I would like to unlock some 'equity' from the IP and put it to good use by investing in long term equities.

    So basically am considering creating a new split loan which I will use to invest, and make the interest on this split tax deductable - am I thinking about this the right way? Thank you for your time.
     
  10. Terry_w

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

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    Best to seek specific tax advice.
     
    Kelstan2009 likes this.
  11. Adrianz

    Adrianz Active Member

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    Can you please elaborate in more detail on what are the differing consequences?
     
  12. Terry_w

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

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    i have probably written more detail on this somewhere.
    The main ones are tax, estate planning, CGT and asset proteciton.
     
  13. go4lfod

    go4lfod Member

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    I am thinking about a scenario: if a person plans to borrow to pay IP's expenses (tax tip 4). He is able to borrow extra against the same IP, in the format of a new IO loan. Then the fund is released by bank to an offset which is totally offsetting the IO loan initially.

    Question is which of the following options this person shall follow or are they practically the same in terms of tax deduction?
    a. use the release fund (= cash) in this IP's offset account to pay for expenses on the same IP. This refer to Terry's Tax Tip 82: Taking money from an offset account on an IP and Claiming Interest
    b. pay the released fund back to the IO and then redraw from the loan account. This option has been discussed in various PC posts.
     
  14. Terry_w

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

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    I would go off option b)

    see my tax tip 1
    Tax Tip 1: Parking borrowed money in an offset account
    https://bit.ly/33l4o4c
     
  15. go4lfod

    go4lfod Member

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    Thanks Terry. For this particular scenario, I was so sure option b) is the choice that there should be no detour for borrowed money, until I read your tax tip 82..
     
  16. Terry_w

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

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  17. go4lfod

    go4lfod Member

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    Hi Terry, the scenario I described is for IP and IP's offset. A separate new loan is borrowed against IP and money lands into a clean offset. Can borrower just use the offset money to pay expenses around this IP, and claim interest deduction because he takes money out of IP offset?
     
  18. Terry_w

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

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    you said it was borrowed money?
     
  19. go4lfod

    go4lfod Member

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    yes, borrowed money and landed into an empty offset, no interest will be incurred until the person use the money in offset. The use will be solely on the same IP.
     
  20. Terry_w

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

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    that is a different situation to my tip 82