Disclaimer
This edited version has been archived due to the length of time since original publication.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 written advice

Authorisation Number: 1051459930312

Date of advice: 27 November 2018

Ruling

Subject: Rental deductions - loan interest

Question

Are you entitled to a deduction for a portion of the interest expense on a redrawn amount used to purchase an investment property?

Answer

Yes.

The portion of the interest expenses incurred are directly related your investment property, and are deductible. Further information about rental property expenses can be found by searching 'QC 55249' on ato.gov.au

This ruling applies for the following periods:

Year ended 30 June 20XX

Year ended 30 June 20XX

Year ended 30 June 20XX

Year ended 30 June 20XX

The scheme commenced on:

1 July 20XX

Relevant facts and circumstances

In 20XX you borrowed funds from an Australian Financial Institution to assist with the acquisition of an investment property which was to be owned solely in your name.

The loan was secured by a different property which was owned by you at the time.

The loan was advanced during mid 20XX.

The whole of the loan proceeds less a small amount of bank charges were deposited into a loan offset account in your name at the time the loan was advanced.

The proceeds of the loan advance remained in the offset account for a short period until most of the funds were withdrawn to settle on the new investment property.

Regarding the funding required for the settlement, most of the funds were withdrawn from the offset account, and you also used some of your own funds.

As such, there was a balance remaining in the offset account after the settlement of the investment property took place, which has not been used for any other purpose, and has been set aside for further investment costs primarily associated with the investment property.

As such, a high percentage of the loan advance relates to the investment property.

Relevant legislative provisions

Income Tax Assessment Act 1997 Section 8-1