What are the tax implications of turning your home into an investment property and how will it affect your loan repayments? - Julia Hartman
MOST people think about owning a rental once they acquire some equity in their home. Of course, the next step in that line of thinking is why not have a new home for ourselves and rent out the old one?
The renting out of the original family home has many considerations over and above the typical rental property investment decision.
There are savings, such as not having to pay a real estate agent's commission to sell your old home plus stamp duty on the purchase of a new rental property.
These need to be weighed up against the fact there may be less interest and depreciation deductions against this property, as well as considering its potential for capital growth.
LOAN PROBLEMS
Typically you would have made considerable repayments off the original loan to purchase your old home.
Interest on a loan is only deductible if the money borrowed was used to purchase, maintain or improve an income-producing asset.
It doesn't matter where the loan is secured; all that matters is the direct nexus between the borrowed funds and the income-producing use.
In Domjan's tax case 2004, the Australian Tax Office (ATO) was successful in denying a deduction for interest on a loan because the nexus was lost when the borrowed funds went from the loan to a personal cheque account to pay for repairs to the rental property.
In short, if you have a traditional loan on your home there will probably be very little interest you'll be able to deduct against the rent and there's little you can do to change this.
Most people with a mortgage have very little savings because they put everything they have spare into paying off their home loan. If this applies to you it means the deposit for the new home will come from the equity you have in the old home. So the full purchase price of the new house will probably be borrowed. That's a lot of non-deductible interest.
If you've had the foresight to have an interest only loan putting all the principal repayments into an offset account then you're miles in front and in a better position than most to use your old home as a rental property.
You can withdraw the funds from your offset account as a deposit for your new home, hopefully reducing the non-deductible mortgage on that to insignificant proportions and claiming all the interest on the original loan as a tax deduction against the rent.
In an offset arrangement you have two separate accounts: one a loan and the other a savings account.
The bank only charges you interest on the difference between the two accounts, but because they're separate accounts when you withdraw from the offset account it isn't considered borrowing, and with less now offset against the loan you'll be charged more interest on the loan but it's still considered to be the original borrowing to purchase the property, so it's fully deductible when that property is rented out.
If you didn't have the foresight to utilise an offset account then you're only entitled to claim a tax deduction for the interest on any loan where the borrowed funds were used to purchase or improve your original home.
Any borrowings you undertake to buy your new home won't be tax deductible, even if the security is in your old home.
The argument that if I didn't borrow to buy my new home I wouldn't have been able to keep the original home as a rental just doesn't wash with the ATO.
What if you've been fiddling about with the original home loan? For example, borrowing against it for cars and holidays or depositing your wages into the account and drawing back out when your credit card payment is due.
It's quite possible that none of the interest on this loan is tax deductible.
The loan needs to be apportioned between private borrowings and that for the house. Each draw down on the loan for private purposes increases your private borrowings but each repayment you make, even if it has a private source, must be split between the private borrowings and that for the house on a pro rata basis.
For example, a $100,000 line of credit is used to buy the house, then the borrower deposits his or her monthly pay of $2000 into the loan account. The Tax Commissioner now considers there to be $98,000 owing on the rental property.
When the borrower withdraws $1000 to pay off his or her credit card the loan will be for $99,000. However, as the extra $1000 was borrowed to pay a private expense, viz the credit card, now 1/99th or one per cent of the interest is not tax deductible.
The next time the borrower puts his or her $2000 pay packet into the account the Tax Commissioner deems it to be paying only 1/99th off the non-deductible portion (i.e. at this point there's $96,020 owing on the house and $980 owing for non-deductible purposes).
When the borrower takes another $1000 to pay the credit card, there will be $96,020owing on the house and $1980 owing for non-deductible purposes, so now only 98 per cent of the loan is deductible, and so it goes
on. Reference Tax Ruling 2000/2 just in case you thought it couldn't possibly be this bad.
Using your loan this way will, on average, lead to a loan becoming 100 per cent for private borrowings within five years. A possible strategy to create more deductible debt on your old home is for one spouse to buy the other spouse out.
IF YOU HAVE A TRADITIONAL LOAN ON YOUR HOME THERE WILL PROBABLY BE VERY LITTLE INTEREST YOU'LL BE ABLE TO DEDUCT AGAINST THE RENT AND THERE'S LITTLE YOU CAN DO TO CHANGE THIS.
There may be stamp duty costs, though it's worth asking the stamp duty office in your state if it would tax a transfer between spouses.
It may be necessary for the transferring spouse to still retain one per cent ownership. The spouse who sells his or her share of the property could use the proceeds (after paying off their share of the loan) to reduce the mortgage on the new home.
There's still a question as to whether the purchasing spouse can claim the interest on the loan, to pay out the selling spouse, as a tax deduction.
There needs to be some other reason for entering into the arrangement than the tax benefit. For example, the arrangement may be entered into to settle a disagreement on whether to keep the house or not.
Interpretative Decision (ID) 2001/79 is a private ruling on this topic, where the ATO accepted the tax benefit wasn't the dominant purpose. IDs are only binding on the ATO by the taxpayer who made the application so you'll need to apply for your own and it's worth quoting ID 2001/79.
Be careful to consider the tax bracket of who ends up owning the property because it will now only go in their tax return.
Next month: A look at the depreciation, repairs and capital gains tax ramifications of making your home a rental. |