All Topics / Help Needed! / Tax deductability of loan from relative

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  • Profile photo of thinkerthinker
    Member
    @thinker
    Join Date: 2005
    Post Count: 29

    (another question – apologies for the spam)

    I recently bought an second IP with the deposit funded from a) Equity realised from 1st IP and b) loan from parents with market rate interest…

    Now: I understand a) is deductable as the purpose is clear but what documentation do I need to claim b) as a deductible loan?

    … Seeing my accountant shortly but just preparing…

    Profile photo of foundationfoundation
    Member
    @foundation
    Join Date: 2005
    Post Count: 1,153

    1) The accountant will be best able to advise you.
    2) Carry a tissue or two.

    Profile photo of thinkerthinker
    Member
    @thinker
    Join Date: 2005
    Post Count: 29

    It is directly backed to backed with a loan to my parents (in their name) from the bank if that makes a difference.

    Profile photo of foundationfoundation
    Member
    @foundation
    Join Date: 2005
    Post Count: 1,153

    Are they declaring the interest you pay them as income for the purpose of income tax collection?
    I can’t believe you’ve left it until now to look into what are crucial issues!

    Profile photo of thinkerthinker
    Member
    @thinker
    Join Date: 2005
    Post Count: 29
    Originally posted by foundation:

    Are they declaring the interest you pay them as income for the purpose of income tax collection?
    I can’t believe you’ve left it until now to look into what are crucial issues!

    It is a relatively small amount and yes, they are declaring the income.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Yes you can claim the interest. You probably should have a written loan agreement in case of audit.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of leo777leo777
    Participant
    @leo777
    Join Date: 2005
    Post Count: 23

    Regarding to the loan agreement, what kind of information should we provide ?? And who’s going to certify it ??

    One more thing, how about the rental agreement, with his her relative ?? What sort of document that we need to declare to the tax officer for audit purposes ? And who’s going to certify it ??

    Thank’s

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Just ask you accountant to draw up a loan agreement.

    For the lease, you just need to purchase one for about $25 and get them to sign it. You might like to get a letter from an agent confirming market rent – this will prove you are not under charging relatives.

    Terryw
    Discover Home Loans
    Mortgage Broker
    North Sydney
    [email protected]

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 8 posts - 1 through 8 (of 8 total)

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