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Indexing... - Dalle Cort Financial Services

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When is Interest Deductible?<br />

When Is Interest Deductible?<br />

The main test used by the ATO to determine the<br />

deductibility of interest is the use of the borrowed<br />

money. Therefore interest on borrowed funds may be<br />

deductible when the funds were used to:<br />

• acquire an investment product to gain an investment<br />

income stream;<br />

• acquire an investment property to gain rental<br />

income; or<br />

• finance business operations<br />

Interest paid on funds borrowed to buy shares or a<br />

managed fund would normally always be tax<br />

deductible. Complications can arise in determining the<br />

amount of interest to be deducted when some of the<br />

funds are used for private purposes or a split loan<br />

arrangement exists.<br />

If part of the initial borrowings are used for private<br />

purposes then the interest claimable on the loan needs<br />

to be apportioned on a use basis and accordingly any<br />

principal payments on the loan need to be apportioned<br />

on the same basis between private and deductible.<br />

When for example a line of credit is in use and a private<br />

amount is withdrawn during the course of the loan then<br />

the apportionment applies from the date of the<br />

withdrawal.<br />

Split loans generally involve at least two loans or sub<br />

accounts being maintained in respect of that loan. The<br />

main advantage that was seen by this arrangement was<br />

to maximise the interest deduction by making all<br />

repayments off the private part of the loan and<br />

capitalising the unpaid interest on the income<br />

producing part of the loan. Whilst in principle this<br />

seemed acceptable under the Income Tax Act the<br />

Courts have determined that it triggers the antiavoidance<br />

provisions. Accordingly any claim for<br />

interest deductions need to be reworked on an<br />

apportionment basis.<br />

Therefore, it is essential that before any private<br />

amounts are withdrawn from an investment loan that<br />

you consult with your accountant to determine the tax<br />

consequences to you.<br />

261 Ross River Road Aitkenvale, QLD 4814<br />

Ph: (07) 4725 2384 Fax: (07) 4779 3146<br />

Email: chris@austaxtsv.com.au Web: www.austaxtsv.com.au<br />

Update on New Education Tax Refund<br />

From 1st July 2008 families receiving FTB Part ‘A’ with<br />

children undertaking primary or secondary studies will<br />

be eligible to claim a refundable tax offset in respect of<br />

eligible education expenses incurred from this date (eg<br />

laptops, education software, school text books &<br />

stationery).<br />

Eligible parents will receive a 50% refund every year for<br />

eligible education expenses up to:<br />

• $375 per primary school child, per year<br />

• $750 per secondary school child, per year<br />

To claim the refund you will need receipts so be sure to<br />

keep supporting documentation for things you spend<br />

over the coming months.<br />

Austax Townsville is a separate business from <strong>Dalle</strong> <strong>Cort</strong> <strong>Financial</strong> <strong>Services</strong>. MLC <strong>Financial</strong> Planning does not have any association with Austax Townsville and therefore is<br />

not responsible for any advice that they may provide.<br />

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