Product Ruling PR 2021/13
Date of effect: 17 November 2021

What this ruling is about: 1. This Product Ruling sets out the Commissioner's opinion on the way in which the relevant provisions identified in the Ruling section apply to the defined class of entities that participates in the scheme to which this Product Ruling relates. All legislative references in this Product Ruling are to the Income Tax Assessment Act 1936, unless otherwise indicated. 2. In this Product Ruling, the scheme involves the application of the Loan Reducer system to calculate a discounted interest rate that is charged by a licensee of the Loan Reducer system (a licensee) on the home loan of a borrower who (directly or indirectly via an associated entity) also has one or more investment loans with that licensee. 3. This Product Ruling does not address:

Class of entities or scheme: 4. This part of the Product Ruling specifies which entities can rely on the Ruling section of this Product Ruling and which entities cannot rely on the Ruling section. Those entities that can rely on the Ruling section are referred to as 'the borrower'. Where the borrower under the investment loan is an associate [2] of the borrower under the home loan, all references to the borrower under this Product Ruling are to be read as a reference to the applicable borrower under either loan, as the context requires. 5. The class of entities that can rely on the Ruling section of this Product Ruling consists of those entities that, as the borrower, enter into the scheme described in paragraphs 15 to 29 of this Product Ruling on or after 17 Novermber 2021 and on or before 30 June 2024. 6. The class of entities that can rely on the Ruling section of this Product Ruling does not include entities that: | Qualifications: 7. The class of entities defined in this Product Ruling may rely on its contents provided the scheme actually carried out is carried out in accordance with the scheme described in paragraphs 15 to 29 of this Product Ruling. 8. If the scheme actually carried out is materially different from the scheme that is described in this Product Ruling, then this Product Ruling:

Ruling: 1. This Product Ruling sets out the Commissioner's opinion on the way in which the relevant provisions identified in the Ruling section apply to the defined class of entities that participates in the scheme to which this Product Ruling relates. All legislative references in this Product Ruling are to the Income Tax Assessment Act 1936, unless otherwise indicated. 2. In this Product Ruling, the scheme involves the application of the Loan Reducer system to calculate a discounted interest rate that is charged by a licensee of the Loan Reducer system (a licensee) on the home loan of a borrower who (directly or indirectly via an associated entity) also has one or more investment loans with that licensee. 3. This Product Ruling does not address: | Class of entities: 4. This part of the Product Ruling specifies which entities can rely on the Ruling section of this Product Ruling and which entities cannot rely on the Ruling section. Those entities that can rely on the Ruling section are referred to as 'the borrower'. Where the borrower under the investment loan is an associate [2] of the borrower under the home loan, all references to the borrower under this Product Ruling are to be read as a reference to the applicable borrower under either loan, as the context requires. 5. The class of entities that can rely on the Ruling section of this Product Ruling consists of those entities that, as the borrower, enter into the scheme described in paragraphs 15 to 29 of this Product Ruling on or after 17 Novermber 2021 and on or before 30 June 2024. 6. The class of entities that can rely on the Ruling section of this Product Ruling does not include entities that: | Qualifications: 7. The class of entities defined in this Product Ruling may rely on its contents provided the scheme actually carried out is carried out in accordance with the scheme described in paragraphs 15 to 29 of this Product Ruling. 8. If the scheme actually carried out is materially different from the scheme that is described in this Product Ruling, then this Product Ruling:


Appendix: Refinancing an original loan: 30. The interest expense 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 (see paragraph 42 of Taxation Ruling TR 95/25 Income tax: deductions for interest under section 8-1 of the Income Tax Assessment Act 1997 following FC of T v. Roberts; FC of T v. Smith, referring to Commissioner of Taxation v Roberts, J.D. Commissioner of Taxation v Smith, V.R. [1992] FCA 543. 31. Pursuant to the assumption at paragraph 29(b) of this Product Ruling, the borrower's investment loan is used in an assessable income-producing activity. On the basis of that assumption and consistent with the principle set out in paragraph 30 of this Product Ruling, interest incurred on any refinanced investment loan of the borrower will therefore also be deductible under section 8-1 of the ITAA 1997. | Application of Part IVA: 32. Part IVA is a general anti-avoidance rule which gives the Commissioner the ability to cancel all or part of a tax benefit that has been obtained or would, but for section 177F, be obtained by a taxpayer in connection with a scheme to which Part IVA applies. 33. In broad terms, Part IVA will apply where the following requirements are satisfied: 34. Provided that the scheme ruled on is entered into and carried out in the manner described in the Scheme section of this Product Ruling, and having regard to the matters in subsection 177D(2), it is not a scheme entered into or carried out for the dominant purpose of enabling the borrower to obtain a tax benefit in connection with the scheme. © AUSTRALIAN TAXATION OFFICE FOR THE COMMONWEALTH OF AUSTRALIA You are free to copy, adapt, modify, transmit and distribute this material as you wish (but not in any way that suggests the ATO or the Commonwealth endorses you or any of your services or products). Not previously issued as a draft


What this Ruling is about | If this Ruling applies to you, and you correctly rely on it, we will apply the law to you in the way set out in this Ruling. That is, you will not pay any more tax or penalties or interest in respect of the matters covered by this Ruling. | Potential participants must form their own view about the commercial and financial viability of the product. The Commissioner recommends a financial (or other) adviser be consulted for such information. | This Product Ruling provides certainty for potential participants by confirming that the tax benefits set out in the Ruling part of this document are available, provided that the scheme is carried out in accordance with the information we have been given, and have described below in the Scheme part of this document. If the scheme is not carried out as described, participants lose the protection of this Product Ruling. | Date of effect: 9. This Product Ruling applies prospectively from 17 November 2021. It therefore applies only to the specified class of entities that enter into the scheme from 17 November 2021 until 30 June 2024, being its period of application. This Product Ruling will continue to apply to those entities even after its period of application has ended for schemes entered into during the period of application. | 10. However, the Product Ruling only applies to the extent that there is no change in the scheme or in the entity's involvement in the scheme. | Changes in the law: 11. Although this Product Ruling deals with the income tax laws enacted at the time it was issued, later amendments may impact on this Product Ruling. Any such changes will take precedence over the application of this Product Ruling and, to that extent, this Product Ruling will have no effect. | 12. Entities that are considering participating in the scheme are advised to confirm with their tax adviser that changes in the law have not affected this Product Ruling since it was issued. | Note to promoters and advisers: 13. Product Rulings were introduced for the purpose of providing certainty about tax consequences for entities in schemes such as this. In keeping with that intention, the Commissioner suggests that promoters and advisers ensure that participants are fully informed of any legislative changes after the Product Ruling has issued. | 14. The application of Part IVA depends on a careful weighing of all the relevant facts and circumstances of each case. Provided the scheme ruled on is entered into and carried out as described in this Product Ruling, the anti-avoidance provisions in Part IVA will not apply to deny the borrower any deduction allowable under section 8-1 of the ITAA 1997 for interest incurred on their investment loan. | 15. The scheme that is the subject of this Product Ruling is identified and described in the following: | Note: Certain information has been provided on a commercial-in-confidence basis and will not be disclosed or released under Freedom of Information legislation. | 16. For the purposes of describing the scheme to which this Product Ruling applies, and aside from the relevant home and investment loan documentation to be executed between the borrower and the licensee, there are no other agreements, whether formal or informal, and whether or not legally enforceable, which the borrower, or any associate of the borrower, will be a party to, which are a part of the scheme. | 17. All Australian Securities and Investments Commission requirements are, or will be, complied with for the term of the agreements. | Overview: 18. Loan Reducer Pty. Ltd., under the terms of the Loan Reducer Licence Agreement, grants to licensees (being lenders or entities operating on behalf of, and performing functions for, lenders) a licence to access and use the Loan Reducer system in accordance with the system procedures issued from time to time by Loan Reducer Pty. Ltd. | 19. The Loan Reducer system is a system which enables lenders to determine the maximum tolerable reduction (if any) to a borrower's home loan interest rate in recognition of the borrower's broader loan portfolio. The system achieves this via the application of a financial model which enables a lender to calculate on an ongoing basis a level of discount that can be applied to a borrower's home loan interest rate as against the standard variable home loan rate of the lender, and bring the lender's total return on all money loaned to the borrower close to a rate (a 'target rate') which produces an acceptable baseline profit for the lender. | 20. The Loan Reducer system is offered by a licensee at its discretion to borrowers with a home loan in respect of a residential property that is their main residence, and (directly or indirectly via a company or trust that is an associate of the borrower) an investment loan used to fund an asset acquired for the purposes of producing assessable income. The asset acquired with the investment loan may be a residential property other than the borrower's main residence, or any other asset other than for business use. | 21. The Loan Reducer system automatically applies a recalculated interest rate to a borrower's home loan where: | 22. Subject to the occurrence of any of the factors listed in paragraph 21 of this Product Ruling, a discounted interest rate on a borrower's home loan, as calculated under the Loan Reducer system, is applied for two years, following which the borrower's loan portfolio with the licensee is reviewed and may result in a further home loan interest rate adjustment. | 23. Except for the discounted interest rate (which is subject to a floor rate of 0.50% above the Reserve Bank of Australia (RBA) cash rate), home loans subject to the Loan Reducer system are offered, struck and maintained on standard terms in all respects. | 24. The borrower's investment loan is not affected by the Loan Reducer system and is, or remains, on standard terms in all respects (subject to a ceiling on the rate of interest charged above the RBA cash rate [3] ). The ceiling on the rate of interest is: | 25. The Loan Reducer system does not apply a recalculated interest rate to a borrower's investment loan. A borrower cannot rely on the Ruling section of this Product Ruling if the interest rate charged on the borrower's investment loan increases as a result of, or in connection with, a discount of the interest rate applied to the borrower's home loan. | 26. The Loan Reducer system does not allow for the interest rate charged on a new/refinanced investment loan to a borrower to be either a leading rate [4] or higher than the lender's standard variable rate for that particular type of investment loan [5] (even where the lender's standard variable rate for that type of investment loan is lower than the ceiling referred to in paragraph 24 of this Product Ruling). A borrower cannot rely on the Ruling section of this Product Ruling if the restrictions set out in this paragraph are not adhered to. | 27. Neither of the borrower's home loan or investment loan: | Assumptions: 29. This Product Ruling is made on the basis of the following assumptions: | Commissioner of Taxation 17 November 2021


Related rulings: TR 95/25 TR 98/22 TD 2012/1
Legislative references: ITAA 1936 Pt IVA ITAA 1936 177A ITAA 1936 177C(1)(b) ITAA 1936 177D(2) ITAA 1936 177F ITAA 1936 177F(1)(b) ITAA 1936 318 ITAA 1997 8-1 ITAA 1997 Div 230 TAA 1953
Case references: Commissioner of Taxation v Roberts J.D. Commissioner of Taxation v Smith, V.R. [1992] FCA 543 37 FCR 246 92 ATC 4380 23 ATR 494 108 ALR 385