Rising interest rates and falling house prices are a double
whammy for home owners as they watch their mortgage payments go up
and the equity in their property fall. Nevertheless, holding on to
that home should be a priority because it would cost at least
$50,000 to sell up, rent elsewhere and then buy again.
Fortunately, for those in the know, there is a little-known tax
regulation called the six-year rule that can help to ease the
burden.
The tax rules are such that you can claim a tax deduction for
interest on a loan only if the purpose of borrowing is to buy
income-producing assets, such as investment property or shares.
This is why you can't claim interest on your home loan and why you
can claim it on a loan to buy an investment property.
But a loan can change character. If you move out of your
residence and rent it out, all outgoings, including interest, are
tax deductible from the moment the property is available for rent.
The fact that a loan can change character provides a window of
opportunity for anyone suffering mortgage stress - let's illustrate
how.
Suppose the Joneses want to buy their first home for $300,000.
If they can find a $30,000 deposit and use the first home owners'
grant for the purchase costs, they would have to borrow $270,000 on
which the interest alone would be $1912 a month.
Costs of ownership, such as rates and maintenance, would add
another $170 a month, so their total payments would be $2082 a
month, or $479 a week. They can't claim tax deductions but they
won't have to outlay $350 a week for rent. Buying instead of
renting means they are $129 a week worse off but they hope that
capital growth will more than compensate for the $6708 a year they
now have to make up.
Now think about their friends, who buy a similar $300,000
property for investment and rent it out for $350 a week. They take
an interest-only loan of $270,000, which will cost $1912 a month in
interest, and they are still up for $170 a month in
maintenance.
Because the property is for investment, these costs will be tax
deductible. Let's assume the building will generate $5000 a year in
depreciation and building allowances, which they can claim on their
tax, even though they do not require an immediate outlay of
money.
The difference between the net rent and the outgoings will
create a cash shortfall of $6784 a year but their total loss for
tax purposes will be $11,784 a year when the depreciation
allowances are taken into account.
If they are in the 31.5 per cent tax bracket, this will create a
tax refund of $3711, which means the total shortfall is only $3073
a year, or about $59 a week.
Notice how the system is skewed towards the investor and against
the owner?
So home owners suffering mortgage stress could use the six-year
rule to their advantage by moving out of their existing residence
and renting a similar one.
They would then be able to claim all the outgoings on their
rented-out home as a tax deduction and there would be a hefty
amount of non-cash deductions if the properties were fairly
new.
This would substantially reduce the pressure on their budgets.
As long as they return to their original home before the six years
are up, the capital gains tax exemption will not be lost.
But what happens if you haven't entered the market yet because
of affordability and wanted to get started?
The First Home Owner Grant was introduced to make ownership more
affordable.
The grant, and the ability to apply your main residence
exemption to your rental property while still living with your
parents, make home ownership attainable. However, there is no
getting around the rule that you must live in the rental property
for six months first - and this period must start within the first
12 months of owning the property.
After that, you are free to move back with your parents and rent
the property out for up to six years and still exempt it from
capital gains tax as your main residence. The grant helps you with
the deposit, while tenants and the Tax Office will pay your
mortgage.
Provided you reoccupy it within six years, it will be free of
capital gains tax and you will have enjoyed all the benefits of
negative gearing while still living at home.
A word of warning: while living in the property, do not be
tempted to take in boarders. If they pay you more than their share
of food, electricity and phone, you have to declare the whole
arrangement as a rental property, apportioning the expenses between
you and them. From the day they move in, your cost base is reset to
the market value at that time and only a portion of the house is
covered by the main residence exemption.
Saving Tax On Your Investment Property, Noel Whittaker's latest
book, is co-authored with Julia Hartman and published by Simon
& Schuster, $29.95rrp.