All Topics / Legal & Accounting / withdrawn IP equity to pay down PPR loan. is this legal or tax invasion?

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  • Profile photo of Coogee126Coogee126
    Participant
    @coogee126
    Join Date: 2009
    Post Count: 51

    hi there , gurus

    I hope you can help with this. I thought i had come up with a genius idea but only was told by my banker today that it was tax invasion?!
    anyways, My strategy was below:

    step 1: revalue my IP and borrow against 80% of the current market value .
    for example: IP valued at 500k , and my existing loan was 200k , then I have 500k X 0.8 – 200k = 200k LOC available
    now instead of apply for a standard LOC, I requested to increase the invesmtent loan amount from 200k to 400k.
    then I will have 200k in the form of cash as a result of my IP loan now is increased to 400k and fully paying interest from the day it was drawn down.
    step 2 : dump the 200k cash into my PPR loan. and I just recycle 200k non tax dedutable debt from my PPR into a tax deductable debt.

    my banker argues that it’s the purpose of the loan that determines the tax deductablity. I said yes i dont dispute on that. but I view the 200k I am dumping into PPR a Cash rather than a Loan , it is a equity/Cash component that I earned from the IP by pumping up my investment loan ( to 400k ) against a income producing asset ( the IP itself). he said that is not how it works and I simply can not do this type of recycle. Was he right ?

    thanks.

    Profile photo of wilko1wilko1
    Participant
    @wilko1
    Join Date: 2010
    Post Count: 510

    He is correct. If you withdrew 200k from your investment property and it’s used it for personal purposes. Then it cannot be seen as a tax deduction.

    If you withdrew 200k and used it to pay for the deposit and stamp duty of another investment property then it is tax deductible.

    This is why, offset accounts can be beneficial then paying off principle and interest sometimes.

    Another idea would be to move into your investment property for a while withdraw the money whilst that is your PPOR. And pay down your old PPOR (now investment property). Then just move back into your old home.

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

    hi there , gurus

    I hope you can help with this. I thought i had come up with a genius idea but only was told by my banker today that it was tax invasion?!

    Hiya

    It’s a good thing your banker actually knew this – some don’t!

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

    Firstly a banker should not be giving tax advice.

    But he is correct in this instance (pretty rare for a banker!)

    The purpose and use of the borrowed funds determine deductibility. Security for the loan doesn’t matter.
    In this case you are borrowing to pay down a private loan. Interest is not deductible in this instance.

    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 Coogee126Coogee126
    Participant
    @coogee126
    Join Date: 2009
    Post Count: 51

    haha.. thanks so much . guys.. appreciate your help to clarify my so called ‘genius’ idea.

    Warm regards,

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