All Topics / Legal & Accounting / Tax query – bank fees

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  • Profile photo of wisepearlwisepearl
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    @wisepearl
    Join Date: 2009
    Post Count: 264

    Hi trusted accountants :)

    My memory is failing me… At which point in your tax return do you claim the BANK FEES charged on loans held for investment purposes?? It doesn’t seem to fit the definition of either Borrowing Expenses (and I checked 2011 and didn’t claim them there) or Interest expenses…

    Would really appreciate a friendly reminder at what point to claim these.

    Thanks,
    Emma

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

    You claim them in the year they are incurred.

    If you mean where on the forms it would be on the investment property schedule.

    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 wisepearlwisepearl
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    @wisepearl
    Join Date: 2009
    Post Count: 264

    sorry Terry, yes I do mean in the year they are incurred.

    And as for the investment property schedule, where exactly? under V – sundry rental expenses? as I see no relevant place in A – U in which to record them…

    Profile photo of v8ghiav8ghia
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    @v8ghia
    Join Date: 2005
    Post Count: 871

    Hi Emma,

    You are correct – it does go under F – Borrowing Expenses. (Bank fees, as well as LMI if you were claiming over five years)

    Cheers

    Profile photo of TerrywTerryw
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    @terryw
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    I don't know if that is correct v8. Bank fees – I assume monthly or yearly fees – these wouldn't be a borrowing expense but a general running expense such as rates, insurance etc. I am not sure where on the form you claim them, but it would be the same as rates.

    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 wisepearlwisepearl
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    @wisepearl
    Join Date: 2009
    Post Count: 264

    After more reading I put then under sundry expenses. The ATO definition of what can be claimed as borrowing expenses is clearly not inclusive of regular annual fees… Sundry is for everything not already claimed and as there was no better place I put them under sundry.

    Profile photo of v8ghiav8ghia
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    @v8ghia
    Join Date: 2005
    Post Count: 871
    Terryw wrote:
    I don't know if that is correct v8. Bank fees – I assume monthly or yearly fees – these wouldn't be a borrowing expense but a general running expense such as rates, insurance etc. I am not sure where on the form you claim them, but it would be the same as rates.

    THanks Terry – I have just gone through the 2012 ATO guidelines for rental property deductions and I am not as confident with my original info now. Etax itself seemed to allude to that, in that borrowing expenses were anything relating to the loan other than interest,  but even though not mentioned in the 2012 specifically bank fees, the definition of borrowing expenses does only cover on expenses and bank charges on taking out the original loan, including LMI (as mentioned deductible over 5 years) any valuation costs, etc 
    SO……the sundry expenses may be a better option. I have pasted the definition from the publication of borrowing expense below, and while it will in no way affect the outcome of the claim, I do apologise if I have mislead anyone.

    QUOTE -BORROWING EXPENSES
    These are expenses directly incurred in taking out a loan
    for the property. They include loan establishment fees, title
    search fees and costs for preparing and filing mortgage
    documents, including mortgage broker fees and stamp
    duty charged on the mortgage.
    Borrowing expenses also include other costs that the
    lender requires you to incur as a condition of them lending
    you the money for the property, such as the costs of
    obtaining a valuation or lender’s mortgage insurance if you
    borrow more than a certain percentage of the purchase
    price of the property.
    The following are not borrowing expenses:
    n insurance policy premiums on a policy that provides for
    your loan on the property to be paid out in the event that
    you die or become disabled or unemployed
    n interest expenses.
    If your total borrowing expenses are more than $100,
    the deduction is spread over five years or the term of the
    loan, whichever is less. If the total deductible borrowing
    expenses are $100 or less, they are fully deductible in the
    income year they are incurred.

    Cheers

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