How should I structure an investment purchase?
Question from Lorraine updated on 1st July 2009:
Our expert Mark Withers responded:
This is a fairly classic dilemma. If you borrow money to buy your new home and rent out your old freehold one none of the interest is deductible against the rent from the old property. This leaves you servicing the new mortgage and paying tax on your rent. To gain an interest deduction you must be able to show that borrowed money was used to buy the rental property.
Note, which property secures the loans is not relevant to the interest deductibility. If you formed a LAQC to buy your old house with borrowed money you would achieve deductibility of the interest within the company. Any tax loss can then be attributed into the shareholders tax returns. The money you get from the sale of the old property to the LAQC can then be lent to your trust to buy your new home with a lower bank loan. Problem solved! You would use an accountant to plan this and a lawyer to do the conveyancing.
Mark Withers and his team at Withers Tsang & Co specialise in advising on property related transactions, valuation and restructure services and tax planning.