All Topics / Legal & Accounting / tracking deposit tax deductibility

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  • Profile photo of grant7grant7
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    @grant7
    Join Date: 2006
    Post Count: 59

    Hello
    Does anyone know if I borrow a deposit for a investment property of a friend and then pay them back from a loan I later take out is the deposit part still tax deductible?
    Hope this is clear, thanks in advance for any info.

    Grant

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

    Why not? If would be just refinancing one loan to another.

    Make sure you have it clearly documented so you can prove it if audited. Better get a loan agreement done.

    Terryw
    Discover Home Loans
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    Profile photo of grant7grant7
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    @grant7
    Join Date: 2006
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    thanks Terry..

    Profile photo of Misty1Misty1
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    @misty1
    Join Date: 2004
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    Also make sure the person you borrow off then claims any interest earned off you as income. Or the big bad tax man might get you[fear]

    Profile photo of grant7grant7
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    @grant7
    Join Date: 2006
    Post Count: 59

    Terry,

    What if I borrowed the deposit of my friend, placed it in a savings account then paid it to the settlement agent.
    When I pay them back can I just draw down money into a savings account, then transfer it to the friends account.
    Have I lost the link, or is that what I need the loan agreement for?
    The loan is for like 1 week so I’m not to worried about claiming any extra I pay them.

    Hope this is clear, I’m just trying to get my head around this whole money trail thing which is very confusing (to me anyway).

    Thanks!

    Profile photo of TerrywTerryw
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    @terryw
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    Don’t know about that Grant. I see what you mean, if someone lent you money, you would probably need to get it a bit in advance and then use it. Where do you put it in the meantime?

    Better talk to your accountant about this one.

    Terryw
    Discover Home Loans
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    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of grant7grant7
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    @grant7
    Join Date: 2006
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    Well I emailed my accountant and heres his response for general info.

    “When determining the deductibility of interest, the key determinant is the use the funds are put to.
    If you borrow funds, and park them in an interest bearing savings account from where you immediately purchase an income producing asset, then deductibility will be preserved.

    The purpose and use of the borrowings is clearly to produce income.

    In the case of repaying the loan from your friend, the funds move from the loan to your account and then to your friends. the original borrowing from your friend was for an income producing purpose, and the money borrowed from the bank to repay her will retain that character, despite the short trip via your bank account.

    The major issue you must bear in mind is where loan funds are used for mixed purposes, or where a repayment of the loan is made, and then subsequently redrawn.

    These changed purposes require you to split the interest between deductible and private – this is where the link can be broken.

    Tax Ruling 2000/2 deal with some of the concepts in this area, and is attached for your reference.

    This quote is one of a number that illustrate the process.

    14. Where borrowed money applied to a particular use is recouped and redirected to another use, it is necessary to examine that new application of those borrowed funds in considering the deductibility of interest. Where there are changes in the use of money borrowed under a line of credit facility, or in the amount of borrowed money used for a particular purpose, the deductibility of the interest accrued on that part of the outstanding debt will be determined by considering the advantages sought from that new application of those funds.
    Interest will be deductible under section 8-1 to the extent that it is incurred on that part of the outstanding borrowed money used at that time for an income producing purpose.”

    So sounds like I should be right (I think..)

    Grant

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

    Hi Grant

    Just make sure the savings account where you park the money is initially empty. Otherwise you could be mixing funds which could render you without the ability to claim the deduction.

    Ask you accoutant about the recent Domjan case:
    Domjan and Commissioner of Taxation [2004] AATA 815 (5 August 2004)
    http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/cth/aat/2004/815.html?query=%5e+domjan

    Terryw
    Discover Home Loans
    Parramatta
    [email protected]
    Sign up to my mailing list.
    Just send me a blank email, with “subscribe” in subject line.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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