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    ATO to reject capitalisation of interest on investment property loans?

    Kudos to that Rob. Taxable Income = Assessable Income - Allowable Deductions Each one has their own definition and case law and you can never ever equate the 3 terms.
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    ATO to reject capitalisation of interest on investment property loans?

    Technically, perhaps. But the Courts don't interpret legislation literally - they read down provisions like this if it results in unconscionable outcomes that go against the intentions of the legislature.
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    ATO to reject capitalisation of interest on investment property loans?

    Yes but the test is whether there is a 'scheme' in place. It is hard to argue that paying your private living expenses or holiday is a 'scheme' to minimise tax.
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    ATO to reject capitalisation of interest on investment property loans?

    Hmm don't forget that the IP income is not taxed until you do your tax return so until then it's basically tax-free money.
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    ATO to reject capitalisation of interest on investment property loans?

    Kudos Shadow. It is all a bullying match - under the tax law you are presumed to be guilty unless proven otherwise through an (expensive) court of law.
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    ATO to reject capitalisation of interest on investment property loans?

    Too true Mry. It doesn't matter what the ATO's opinion is - what matters is how the Courts view the interpretation of Part IVA in accordance with case law and the statute itself.
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    ATO to reject capitalisation of interest on investment property loans?

    For construction loans definitely due to the lack of cashflow for servicing interest repayments each month.
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    ATO to reject capitalisation of interest on investment property loans?

    Guess businesses better stop making tax deductions on their business expenses too since this could be a scheme too!
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    ATO to reject capitalisation of interest on investment property loans?

    'Washed sales'. It's funny how the ATO wastes time on red herrings like this when all they need to do is audit any restaurant in Chinatown to collect money easily.
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    ATO to reject capitalisation of interest on investment property loans?

    The only time you'd really capitalise interest is for short-term funding like construction. Other than that you seem to be asking for trouble.
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