All Topics / Finance / need advise: cash in equity through loan?

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  • Profile photo of SanSan
    Participant
    @santnair
    Join Date: 2016
    Post Count: 36

    Hi Experts,

    Is is good idea to take the cash for equity from bank and keep in the offset account and look for property? OR get approval and when property is found get the loan on equity from bank. What is the best way to go?

    I am looking for an investment property.I have equity on my current house I am living in. Bank has provided approval to loan the additional amount. The broker is suggesting I take the loan and keep in my offset account.

    Thank you
    Santhosh

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

    not a good idea to borrow cash and put it in an offset account as you could lose the deductibility of interest.

    best to set up a LOC or an IO loan that you can draw down when needed.

    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 SanSan
    Participant
    @santnair
    Join Date: 2016
    Post Count: 36

    Thank you Terry.
    The argument my mortgage broker gave was, if the money sits in offset account you do not pay interest until you use it. It will be quick to use it. What is destructibility of interest?

    Doe setting up line if credit come at a price or additional interest rate?

    Thanks a lot
    San

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

    Unless your mortgage broker is also a tax agent or a lawyer, they are not qualified to give tax advice.
    s 8-1 ITAA97 will allow interest to be deductible where funds are borrowed to use to investment property acquistition. If you borrow and place that money into an offset account, there is no connection to the investing.

    If you later use that money you could argue that there is a connection and therefore that the interest should be deductible. But where you have borrowed in May16 and use the funds in say Feb17 there is a long gap between borrowing and investing. Can you still claim the interest – maybe, but you should apply for a private ruling to find out.

    Also where the borrowed money is parked in the offset account and you already have money in the account, or you place other money in it later on then you will definitely have problems because the borrowed money is mixed with non borrowed. When you subsequently use the offset money to invest you cannot say you are using solely borrowed money, so at best only a portion of the interest will be deductible.

    My advice, as a tax lawyer and a broker, is to
    1. Use a IO loan where you can borrow to pay back into the loan and then later redraw when needed.

    If you cannot, then

    2. Use a LOC. Once this is drawn down convert this to a IO loan.

    If you cannot, do either, change banks

    3. Use a IO loan with an offset. Borrow money and park in the offset and then repay the loan before reborrowing and using. This way the borrowing should occur when you need the money for investing.
    Not ideal, but a work around solution.

    4. Least recommended is the borrowing and parking in a 100% offset account. But never put any other money in this account – ever.
    If you want to do this I suggest a private ruling be applied for.

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

    Here is a thread where someone appears to have suffered a mixed loan:
    https://www.propertyinvesting.com/topic/4995626-redraw-conflicting-advice/

    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 SanSan
    Participant
    @santnair
    Join Date: 2016
    Post Count: 36

    Hi Terry,

    Thank you for the great input and explanation. I understood that parking the money in the offset account is not good. I cannot change bank as did a stupid thing to fix the 70% loan for 5 years in 2014. Yes I can for the IP.

    My PROP (I am living in) has equity and can use this for a 20% deposit + stamp duty + other fee, for a IP. Are you saying when I find the IP get a IO loan from the bank in a separate account using the equity? Then use another bank for the 80% loan for the IP.

    Thanks a lot
    San

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

    e.g. You want to buy a $100,000 property, you could:

    $80,000 borrowed from ANZ using as security the new IP. IO loan
    $25,000 borrowed from Westpac using as security the PPOR. LOC
    ——-
    $105,000
    ——-

    105% borrowings with no cross collateralising

    Once settled convert the LOC to a IO 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 SanSan
    Participant
    @santnair
    Join Date: 2016
    Post Count: 36

    Hi Terry,

    Thank you.

    regards,
    San

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