All Topics / Help Needed! / Neg Gearing tax implications if redrawing from your loan…..

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  • Profile photo of darkness72darkness72
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    @darkness72
    Join Date: 2013
    Post Count: 51

    Hi There,

    I'm sure I remember reading something in API magazine regarding redrawing $$$ from your investment loan is a NO NO according to the ATO, as it will have implications for any negative gearing that you have been claiming and can void future Negative gearing claims at tax time??

    Does this sound correct??

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

    No. Not exactly.

    You can always withdraw from a loan. But this is treated as new borrowings. So the interest on this new loan will only be deductible if you use the funds for investment or business purposes.

    If you withdraw for private expenses you will create further problems as the loan will become mixed purpose and you will have to apportion the interest each year.

    Best thing to do is to split the loan into 2 accounts that way you can clearly distinguish the 2

    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

    Profile photo of darkness72darkness72
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    @darkness72
    Join Date: 2013
    Post Count: 51

    Thanks Terry

    pardon my ignorance – when you say split the loan into 2 accounts?? is that like a variable portion and a fixed portion scenario – 1 account where a would claim Neg gearing and the other part of the loan where i would'nt – should i wish to redraw for personal exp…..

    Would only redraw likely for other investment purposes.  The bank was looking at me signing a 'redraw deletion' then they can look at my equity with more confidence…. etc

    Profile photo of TerrywTerryw
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    @terryw
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    It need not be fixed each account could be variable or fixed, each could be IO or PI etc doesn't matter as long as the accounts are separate.

    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 Jamie MooreJamie Moore
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    @jamie-m
    Join Date: 2010
    Post Count: 5,069
    darkness72 wrote:
    Thanks Terry

    pardon my ignorance – when you say split the loan into 2 accounts??

    He just means two loans.

    Just apply the purpose test. If the money is being used for investment purposes than it's deductible. For private purposes – it's not deductible.

    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 wilko1wilko1
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    @wilko1
    Join Date: 2010
    Post Count: 510

    thats why you set up a offset account isnt it ? so you dont effect the loan balance

    Profile photo of TerrywTerryw
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    @terryw
    Join Date: 2001
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    wilko1 wrote:
    thats why you set up a offset account isnt it ? so you dont effect the loan balance

    Different situation really.

    Offset is for storing spare cash from savings an income.

    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 wilko1wilko1
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    @wilko1
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    Post Count: 510

    I mean just if you had the option from the beginning.

    why pay principal and interest and have to worry about your usage/risk of withdrawn money from the loan. 

    Just pay interest only with a offset account and pay principle payments into there. 

    Profile photo of TerrywTerryw
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    @terryw
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    wilko1 wrote:
    I mean just if you had the option from the beginning.

    why pay principal and interest and have to worry about your usage/risk of withdrawn money from the loan. 

    Just pay interest only with a offset account and pay principle payments into there. 

    Yep, that wil greatly assist as no extra payments will have been made with the cash available in the offset instead of in the loan as would happen wiht a PI loan

    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 darkness72darkness72
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    @darkness72
    Join Date: 2013
    Post Count: 51

    thanks for all your thoughts and advice

    cheers

    Profile photo of ducksterduckster
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    @duckster
    Join Date: 2004
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    Darkness – research Line of Credit   http://www.investopedia.com/terms/l/lineofcredit.asp

    Some banks may call it a portfolio loan..

    If you ask your bank about a line of credit they will advise you on how much you would be allowed to borrow up to.

    may be refer to as an overdraft type loan .

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