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Edited version of your written advice
Authorisation Number: 1012737460114
Ruling
Subject: Interest deductions
Question
Are you entitled to a deduction for interest on managed investments when the original loans have been re-financed through a bank investment loan?
Answer
Yes
This ruling applies for the following period
Income year ended 30 June 2014
The scheme commences on:
1 July 2013
Relevant facts and circumstances
You have two investments, both investments until recently by the approved lenders as per the relevant rulings.
You have refinanced both the managed investment loans via your bank investment loan. This loan is used 100% for income producing investments. There has never been any private use of moneys from this loan.
Relevant legislative provisions
Income Tax Assessment Act 1997 section 8-1
Reasons for decision
Section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997) allows a deduction for all losses and outgoings to the extent to which they are incurred in gaining or producing assessable income except where the outgoings are of a capital, private or domestic nature.
Taxation Ruling TR 95/25 provides the Commissioner's view regarding the deductibility of interest expenses. As outlined in TR 95/25, there must be a sufficient connection between the interest expense and the activities which produce assessable income. TR 95/25 specifies that to determine whether the associated interest expenses are deductible, it is necessary to examine the purpose of the borrowing and the use to which the borrowed funds are put.
Accordingly, it follows that if a loan is used for investment purposes from which income is to be derived, the interest incurred on the loan will be deductible. Further, interest on a new loan used to repay an existing investment loan will generally also be deductible as the character of the new loan is derived from the original borrowing.
That is, when a loan is refinanced, the new loan takes on the same character as the previous loan. Refinancing a loan does not in itself break the nexus between the outgoings of interest under a loan and the income earning activities. Consequently in your circumstances the interest will remain deductible under section 8-1 of the ITAA 1997.
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