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This edited version has been archived due to the length of time since original publication.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

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Edited version of private advice

Authorisation Number: 1051630709335

Date of advice: 29 January 2020

Ruling

Subject: Interest deduction - rental property - redraw facility

Question

Can you redraw funds from your main residence loan to pay off your investment property loan and continue to claim interest as a deduction for the redrawn portion of the new loan?

Answer

Yes.

Where a loan facility allows for redraws of extra repayments, we consider those redraws constitute new borrowings of funds. Interest on a new loan will be deductible if the new loan is used to repay an existing loan which, at the time of the second borrowing, was being used in an assessable income producing activity.

This ruling applies for the following period:

Year ending 30 June 2020

The scheme commences on:

1 July 2019

Relevant facts and circumstances

You have a main residence loan and an investment property loan.

Your main residence loan has a redraw facility.

You intend to redraw funds from your main residence loan to repay your investment property loan down to a nil balance.

Your investment property is currently rented.

Relevant legislative provisions

Income Tax Assessment Act 1997 section 8-1