All Topics / Help Needed! / Is it possible?

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  • Profile photo of saremasarema
    Member
    @sarema
    Join Date: 2010
    Post Count: 2

    Hi everyone, i am new to the forum and was wanting some help/advice…

    We own our home outright and were planning on purchasing a new home for around $850k but we were wanting to turn our current home into an investment property…are we able to re-mortgage the home so that half our debt is used as part of an investment? I have been told that as we don't have a loan on our home any longer that we are unable to do this…but was wondering if there was a way to do this?

    Thanks so much :)

    Profile photo of TheFinanceShopTheFinanceShop
    Participant
    @thefinanceshop
    Join Date: 2012
    Post Count: 1,271

    Of course you can do this. Who advised you that you can't and why?

    Regards

    Shahin

    TheFinanceShop | Elite Property Finance
    http://www.elitepropertyfinance.com
    Email Me | Phone Me

    Residential and Commercial Brokerage

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Hi Sarema

    Welcome aboard.

    Assuming the reason behind the refinance is to purchase your new PPOR then the short answer is no.

    Tax deductibility is determined by the "purpose" of the loan – what are the funds being used for?

    If you're refinancing your current PPOR loan to access funds for another PPOR purchase – the purpose is private use and therefore won't be deductible.

    Sometimes there are ways around this – such as a spousal transfer or sale to another entity but they usually come at a cost. It's just  a matter of weighing it up in terms of the benefits.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
    Email Me | Phone Me

    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of TheFinanceShopTheFinanceShop
    Participant
    @thefinanceshop
    Join Date: 2012
    Post Count: 1,271

    Completely misread the question – I thought you wanted to borrow against your PPOR or another IP.

    Regards

    Shahin

    TheFinanceShop | Elite Property Finance
    http://www.elitepropertyfinance.com
    Email Me | Phone Me

    Residential and Commercial Brokerage

    Profile photo of saremasarema
    Member
    @sarema
    Join Date: 2010
    Post Count: 2

    Thanks for your reply. We were told by our tax agent that we couldn't do it because the loan was already closed and if we wanted to reopen it the only way would be as Jamie said to sell a portion of the home to my wife or vice versa.

    We were wanting to put the loan onto our current home so that we could use at least half the loan for investment for tax deductions rather than all for the home we are going to be moving into to live.

    Profile photo of callmelescallmeles
    Participant
    @callmeles
    Join Date: 2007
    Post Count: 29

    Hi Sarema,

    Jamie is correct. Spousal transfer is the way to go.

    One spouse (Highest income earner) applys for a loan to purchase their spouses half share.

    Purpose of the loan is to take 100% ownership and rent out as investment property.

    Tax deductible loan and allowable by ATO. Stamp duty payable on transfer from one spouse to the other.

    Remember to obtain a couple of R E agent market valuations of the former PPOR.

    The spouse who received payment for sale of their 50% holding now uses that as deposit on the $850K

    purchase of new PPOR in both names.

    Regards

     

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

    Sarema,

    It doesn't matter that your loan is closed even if it was still open with redraw available the interest on the withdrawn money wouldn't be deductible if it is used for private purposes.

    If your property is in VIC one spouse can buy out the other spouse at full market value without stamp duty. It will probably be CGT free if it was a main residence, depending on a few things.

    someone sent me a PM asking me to comment with regards to borrowing and using a trust.

    This wouldn't change things because if someone borrows money and 'invests' it in a discretionary trust the interest on the loan would not be deductible because with a discretionary trust there is no fixed entitlements so the person investing the money would possibly not get a return.

    The property could be sold to a trustee and the interest could be deductible to the trust – which may not help a great deal if the trust has no other income but still may be worth considering. Stamp duty would apply though.

    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

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