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  • Profile photo of TerrywTerryw
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    @terryw
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    I knew some people who did – had to sell their properties in the end.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    no, the other one.

    If you borrow from IP 2 and put it into IP 1 and then live in that then the interest on the extra borrowed from IP2 wouldn't be deductible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    If you borrowed it and place it into another investment loan then it would be just a refinancing of part of the debt. deductbility should be the same but you may still retain access to the funds if the second loan has redraw.

    But you would be required to aportion the interest between the 2 and it would get complicated if you were to ever live in the 2nd property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    It seems you've paid extra into the loan, so that $54k cannot be reborrowed without considering the tax implications. If you reborrowed it for the next IP then the interest would be deductible, but not if it is used for personal expenses.

    Maybe you could set up a fixed loan based on the amount excluding the $54k and keep that variable and available in redraw. While you are at it you might as well make sure all loans are IO and set up a 100% offset account attached to the one you may live in next. This will help you save interest without all the tax problems.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    @terryw
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    What are you trying to achieve?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    sorry about my poor grammar – i type fast

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    hi Catalyst

    Yes, renovation and selling would be good. But I took the term flipping to mean just buy and sell straight away – possibly without even settling on the property.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Richard,

    New residential premises is defined at s40.75 GS Act
    http://www.austlii.edu.au/au/legis/cth/consol_act/antsasta1999402/s40.75.html

    Premises up to 5 years old could still be classed as 'new' under this definition if they have not previously been sold.

    This is a very complex area.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Yes. The extra tax on the new loan, ie the redrawn amount, will not be deductible because you will be borrowing it and placing it in a savings account.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Solomon10 wrote:
        Thanks for your explanation Jamie, i understand that much,including the article you linked to. But what is the difference from just re-drawing the amount to take it across to your new ppor? Would the ato frown upon deliberately increasing deductible debt and reducing non deductible?

    Withdrawing from a loan = new borrowings

    What determines deductibility? The purpose those funds will be used for.

    So, if you redraw from a loan and then buy a private residence (PPOR) with it then the interest won't be dedutible.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Capital gains haven't happened yet – so hard to evaluation. But no point in investing without them so you need to consider.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Certainly not!

    Completelyy different products and you can get into a lot of troube by using a LOC.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    booge wrote:
    As far as IO goes, at what stage do you pay down the principle? Or is it just left IO until you sell it? Always wondered what people did and why in this situation.

    Its up to the individual. Some keeping rolling over indefinitely. Others like to pay off a main residence first and then start paying off the investments. Others just have PI on all loans (and lose a bit of tax).

    But having IO for ever may sound crazy initially – but think back to your grandparents/parents property which they bought in Sydney in 1960 for $16,000. Now worth $1mil. Imagine if they borrowed 100% IO and kept it IO for 42 years. Today the loan would still be $16,000 with interest of about $1000 per year.

    If they rented it out they may get $40,000 per year in rent!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Sorry, and the answer to that question:

    1. No. A taxpayer's purpose of 'paying their home loan off sooner' does not mean that Part IVA of the Income Tax Assessment Act 1936 (ITAA 1936)1 cannot apply to an 'investment loan interest payment arrangement' of the type described in paragraph 3 of this draft Determination.

    see http://law.ato.gov.au/atolaw/view.htm?docid=%22DXT%2FTD2011D8%2FNAT%2FATO%2F00001%22

    I should point out that I don't support living off equity in most circumstances, especially in these days of low growth. But doing it properly it can work – for a while at least. And rather than living off equity living off rents or dividends and letting loans capitalise may be a better way to proceed, especially if you have no other income and no outstanding private debt.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    EPI_Den wrote:
    My experience is that you need to get a tax ruling to capitalise interest, and your primary reason given needs to be that you're paying off your home loan faster. If you say you want to capitalise interest so that you can reduce your tax debt, it'll be a miracle for the ATO to rule in your favour! I hope this helps. And good luck with your investing!

    If you said the primary reason to capitalise interest was to pay off the home loan sooner then the ATO will likely deny the interest claimed. See the recent draft
    TD 2011/D8
    Income tax: does a taxpayer's purpose of 'paying their home loan off sooner' mean that Part IVA of the Income Tax Assessment Act 1936 cannot apply to an 'investment loan interest payment arrangement' of the type described in this Taxation Determination?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I mean, set up  the appropriate loans, and not make any payments.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Living on equity means borrowing or living on borrowings. Borrowings will obviously increase. Any increased interest won't be deductible either.

    What if you lived on rents instead and capitalised loans? interest would probably be deductible if set up correctly

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    There is a huge difference!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    Thats the way. Make sure it is interest only too.. If you have an offset on the PPOR even better as your rents and wages can sit in this and help save you even more.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Profile photo of TerrywTerryw
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    I imagine any selling costs (and other capital costs) would have to be apportioned between time lived in v time rented. Don't know for sure though?

    Rob?

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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