Private ruling: Investment property loan interest
Published: July 2012
Ruling period: Year ended 30 June 2013
Date scheme commenced: 1 July 2012

Ruling: Q1: If you increase the loan on your rental property to an amount equal to or greater than the increased value of that property in order to purchase a principal place of residence, are you entitled to claim a deduction for the interest paid on that part of the loan against the increased value of the property? | A1: No.

Relevant facts and circumstances: This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling. Your former principal place of residence (A) originally had a mortgage of less than $250,000. Your investment property (B) had a mortgage greater than $400,000 You moved into property B which became your principal residence, and property A was made available for rent. At that time, the mortgage on property A was less than $200,000. You wish to refinance both property loans so that the mortgage owing on property A reflects the current value, which is considerably more than the amount owing at the time you made it available for rent. The total amount of monies borrowed will be the same as before, and part of the larger amount borrowed against property A will be used to pay the loan on property B.

Relevant legislative provisions: Income Tax Assessment Act 1997 Section 8-1.

Reasons for decision: Summary: 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, or relate to the earning of exempt income. Taxation Ruling TR 95/25 provides that the deductibility of interest is determined by the use for which the borrowed money is intended. The 'use' test, established in Federal Commissioner of Taxation v. Munro (1926) 38 CLR 153, is the basic test for the deductibility of interest, and looks at the application of the borrowed funds as the main criteria. Where borrowed funds are used for private purposes, such as the acquisition of a home, the interest will not be deductible even if there is a secondary result that other assets are able to be retained for the purpose of producing assessable income. Paragraph 29 of TR 95/25 states: In FC of T v. Munro (1926) 38 CLR 153 ( Munro ) the High Court considered whether interest incurred on a borrowing which was not used to produce assessable income, but was secured by an income producing asset, was deductible. The taxpayer argued that if the interest obligations were not discharged, the income producing asset that secured the borrowing would be in jeopardy. Thus, the discharge of the obligation to pay interest was incurred in producing assessable income. The High Court rejected this proposition. Taxation Determination TD 93/13 also considers the relevance of security provided for a loan and establishes the principle that deductibility is determined by the use of the borrowed money and the choice of assets used as security for a loan is irrelevant. TD 93/13 examines the situation where a non income producing asset is used as security for a loan to purchase an income producing asset. The interest is deductible because of the use to which the borrowed money is applied. Equally, where an income producing asset is used as security for a loan to purchase a non income producing asset the interest will not be deductible. The application of the above to the question you pose is available in the Australian Taxation Office publication Rental Properties 2012 . It states on page 10: Some rental property owners borrow money to buy a new home and then rent out their previous home. If there is an outstanding loan on the old home and the property is used to produce income, the interest outstanding on the loan, or part of the interest, will be deductible. However, an interest deduction cannot be claimed on the loan used to buy the new home because it is not used to produce income. This is the case whether or not the loan for the new home is secured against the former home. In your case, the purpose of a portion of the new loan will be to make available funds for the purpose of purchasing a home which you are living in. Thus, the purpose of this portion of the new loan will not be for the purchase of an income producing asset. In applying the use test, the character of the interest on the money borrowed under this part of the new loan will not have sufficient connection with the operations or activities involved in gaining your assessable income as it will not be used to acquire an income producing asset. The money borrowed will be used for a private purpose. Accordingly, as this portion of the money borrowed will not be used for income producing purposes, you are not entitled to a deduction under section 8-1 of the ITAA 1997 for any of the interest incurred on the portion of the loan to purchase the home which is your principal place of residence.

Please check this edited version to be sure that there are no details remaining that you think may allow you to be identified. If you have any concerns about this ruling you wish to discuss, you will find our contact details in the fact sheet.