mortgageinvestment loanfirst home buyerdebt consolidation 29 Oct 2008 11:00 PM
Do not under estimate the importance of structure when negotiating your investment loan by Vicky Edema
Many investors when they are considering the purchase of an investment property fail to ensure that the structure of any investment loan that they enter is correct, particularly for tax purposes. Borrowers simply approach their existing lender and ask for an investment loan. The lender invariably looks to their home loan and taken there is sufficient equity might suggest that the borrower increase that loan by the purchase price as opposed to restructuring it to separate the investment loan from the home loan debt or taking out a new investment loan altogether.

The reality is that most investors do utilise the equity in their home property to assist in the purchase of an investment property. As a result it often seems convenient to just wrap the investment loan in with the home loan by way of a simple variation of the home loan mortgage. While convenient, such an approach when setting up your investment loan will cost you significant dollars in the long term.

The most important issue for investors when negotiating their investment loan is to ensure that it is not “mixed” with any home loan or personal loan debt. Should you mix your investment loan with other personal debt and subsequently be in a position to make an additional repayment of principal, rather than apply the total additional repayment to reduce the home loan debt, the ATO will require that you apportion that reduction between your home loan and your investment loan. As a result rather than reducing your non-deductible home loan by the maximum amount possible, you are forced to apply money to reduce your deductible investment loan. Always ensure that any investment loan is clearly identified as separate to your home loan. The investment loan can be set up as a separate account to the home loan within one mortgage or negotiated as a separate loan altogether. By separating your investment loan from other debt you will:

1. save costs at accounting time because interest expense is easily identified
2. be able to apply any additional repayments in total to you7r home loan debt.

When negotiating your investment loan, particularly when you have home loan debt as well, you should always take the investment loan on an interest only basis. Again this ensures that you maximise your negative gearing benefits rather than having them reduce each year as you reduce the principal amount of your investment loan. Most interest only loans today allow you to make extra repayments of principal if you wish to but while ever you have surplus cash you are probably better to save this for future personal expenses as opposed to reducing the amount of deductible investment loan interest by repaying principal sums on your investment loan.

A third consideration, taken you have equity in other property, is to include a line of credit in your investment loan structure. This provides you with a buffer for unexpected costs in relation to your investment property and in recent Private Rulings by the ATO it appears that you can also draw on this to meet any shortfall between your investment income and your investment outgoings. By utilising the investment loan line of credit to meet these shortfalls, you have a surplus in your salary which you can instead apply to repay your home loan debt. In addition if the line of credit within your investment loan structure includes a capitalising feature then you also increase your negative gearing benefits.


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TODAY: Friday, 3rd July, 2009
Private Ruling Authorisation Number 81797 - APRIL 2008
April 2008 Private Ruling Authorisation Number 81797 http://www.ato.gov.au/rba/content.asp?doc=/rba/content/81797.htm Facts: The taxpayer sought to claim as a deduction the capitalised interest on additional borrowings used to meet the shortfall between the rental income on his investment property and the interest, rates and maintenance costs he paid in relation to the property. The taxpayer advised the ATO that he did not want to use his personal income to repay his private home loan debt or reinvest in other income-producing assests.

PUBLIC TAX DETERMINATION DT2008/27
DECEMBER 2008 Public Tax Determination TD2008/27 http://law.ato.gov.au/atolaw/view.htm?locid=TXD   (then follow the prompts) TD 2008/27 has now clarified the position for the public generally. The factors that will determine the deductibility of interest are:

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NAB BOSS TO IGNORE RATE CUTS - APRIL 2009
RESERVE Bank interest rate cuts will no longer have any significant influence on home mortgage rates, a bank chief said yesterday.

WEALTH MAXIMISER - INVESTOR ASSIST UPDATE - JUNE 2008
The ATO has recently published an edited version of a Private Ruling on its website: http://www.ato.gov.au/rba/content.asp?doc=/rba/content/81797.htm A taxpayer and client of Austral Mortgage, applied for the private ruling to seek confirmation from the ATO that if there was a shortfall between his investment income and his investment outgoings then that shortfall could be capitalised under the home and investment loan & line of credit structure noted in his application.  

WEALTH MAXIMISER UPDATE - MAY 2008
Ever since the High Court decision in Hart's case, taxpayers have been seeking clarity from the ATO on the deductibility of capitalised interest in certain loan structures. On 16th April 2008 a favourable Private Ruling issued to an Austral client that provides insight into the ATO's current thinking on the subject.  

WEALTH MAXIMISER UPDATE - FEBRUARY 2008
Wealth Maximiser Update 12th February 2008 - We have advice from the ATO that it is well advanced on a binding Tax Determination regarding the deductibility of capitalised interest on a line of credit facility. Borrowers with both a home loan and an investment loan should consider including a capitalising line of credit within their loan structure or at least ascertaining from their lender that they could access such a facility by way of a simple variation of their existing mortgage.

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