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Mike,
As you seem aware the deductability of interest on borrowed funds is determined by the purpose for what the money is borrowed - so if you borrow money to buy the new PPOR then the interest is not tax deductable. As one who is in a similar position there are three options that I know of to consider:
1. Assuming the house is in your Mum's name, she could sell it to you (at full price, you borrow the funds, set it up as an investment property - maybe after living in it for a while to claim FHOG) then interest is deductable (to you of course - not your Mum). Assuming of course this is your first property you could use the FHOG and stamp duty exemptions. Keeps property in family, but not in your Mum's name. Cash received in your Mum's name could then be used to purchase new PPOR.
2. Do 1 (above) and then in a year or two sell it back to your Mum - will incur stamp duty and legal fees - but then she could borrow the money to buy it off you and then interest would be tax deductable.
3. Your Mum buys the new place (borrowing the funds). Interest on new loan is not tax deductable. She then uses a debt recycling strategy to slowly convert loan to deductable debt. Search forums for debt recycling.
4. She just sells current place, buys new PPOR with cash received and then if desired buys a seperate investment propery. Incurs selling costs on current place, and buying costs on new investment property (including stamp duty) - but is clean and less complicated.
Note there are things that could be done to avoid the scenario if the original loan was setup with an offset account and instead of making extra repayments into the loan, the money is simply placed in the offset account. In this case if you withdraw the money from the offset account the original loan purchase isn't changed (so you could use it to buy a new PPOR) and the interest on the original loan is tax deductable (assuming the house purchased with it is an investment property). From what you have said it is too late for this now.
I would be interested to see if anyone else has any comment - as I said I am in the same situation myself.
Regards,
Jason
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