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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your private ruling

Authorisation Number: 1012456666052

Ruling

Subject: Early mortgage discharge fees

Question

Are you entitled to a deduction for the fees incurred due to the early repayment of the balance of your investment loan?

Answer

Yes

This ruling applies for the following period

Year ended 30 June 2013

The scheme commences on

1 July 2012

Relevant facts and circumstances

This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.

During the year ended 30 June 20XX, you and your spouse purchased an investment property, for which you took out a fixed rate loan for a period of years. At all times, the investment property was rented out or available for rent.

In 20YY, you sold your main residence, finalised your investment property loan and moved into your former investment property. In finalising the loan, you were charged fees for repaying the loan early. The mortgage on the property was discharged when the loan was repaid.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 25-30

Reasons for decision

Section 25-30 of the Income Tax Assessment Act 1997 (ITAA 1997) allows a deduction for expenditure incurred to discharge a mortgage in the following circumstances:

Taxation Ruling TR 93/7 is about whether penalty interest payments are deductible. In referring to section 67A, the former equivalent of section 25-30 of the ITAA 1997, it states:

In your case, you borrowed money solely to fund the acquisition of the rental property, which was used for the purpose of producing assessable income. As such, the fees that you incurred by repaying your fixed interest rate investment loan early and discharging the mortgage with regard to that loan are deductible under section 25-30 of the ITAA 1997.


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