Disclaimer This edited version has been archived due to the length of time since original publication.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