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This edited version has been archived due to the length of time since original publication.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

Authorisation Number: 1051677586287

Date of advice: 15 May 2020

Ruling

Subject: Rental deductions - interest

Question

Is the interest on a loan taken out to purchase a rental property deductible when the loan funds have been temporarily held in an offset account attached to this loan prior to purchasing the rental property?

Answer

Yes. Your share of the interest expenses you incur relate to your rental property and are deductible to the extent to which the funds are used in relation to the rental property.

This ruling applies for the following periods:

Year ended 30 June 2019

Year ending 30 June 2020

Year ending 30 June 2021

Year ending 30 June 2022

The scheme commences on:

1 July 2018

Relevant facts and circumstances

You refinanced a loan for an existing rental property solely owned by you in 20XX.

You used this property as security to create a separate loan account with an offset deposit account.

The funds for the new loan were deposited to the offset account in full. Therefore any interest charge accruing on the loan was offset by a credit from the funds held in this account.

You later purchased a XX% share in another rental property.

The funds remained in the offset account until you withdrew the money from it to partly fund the purchase of the second rental property.

The interest on the loan was then no longer being fully offset by the deposit funds and interest begun accruing on it.

The property became available for rent in 20XX and is currently rented at market rates to unrelated tenants.

Relevant legislative provisions

Section 8-1 of the Income Tax Assessment Act 1997 (ITAA 1997)