Register For Our Mailing List

Register to receive our free weekly newsletter including editorials.

Home / 266

Golden rules for considering tax in investing

Fairfax newspapers have been running a series of articles (see here and here) on the collapse of Great Southern and the hardships it has caused, a timely reminder of the perils of mixing debt, investment and tax breaks. Almost every case consists of investors borrowing to invest on the advice of a trusted professional, usually in search of a tax break. When the investment went bad, the investors were left with huge debts that many are still struggling to pay off. From the Fairfax articles:

"Great Southern’s plunge into administration and infamy laid bare toxic conflicts within the accounting and financial advice professions, led to a series of explosive parliamentary hearings and, eventually, added to momentum for the royal commission now underway. The commission has shone a spotlight on aggressive, unethical and potentially illegal behaviour by financial institutions in Australia but will not consider Great Southern ... 

A Fairfax Media investigation has examined the stories of dozens of such investors, who say they were misinformed about the risks of investing in Great Southern by financial advisors who incorrectly told them the loans were non-recourse, which means if debt was called in, Great Southern was on the hook, not the investors."

It’s a timely reminder for anyone with property in an SMSF. My prediction is that we are two to three years away from replaying similar stories on properties in SMSFs that were bought from spruikers at free seminars and leveraged as much as possible.

These rules are designed to minimise the chasing of tax breaks and people becoming another statistic:

Rule 1: Choose your investment first without regard for tax

Forget about tax. Work out whether the investment is good or bad before you even think about tax. If you can’t justify an investment without incorporating some sort of tax benefit then you probably shouldn’t be investing. You might like an investment on pre-tax returns and then reject it after considering the post-tax returns, but you should never do the opposite.

Rule 2: Get your structure right

It is sensible to invest using a tax-efficient structure, but you need to consider not only the financial cost but the time cost and the potential for additional liabilities or responsibilities.

Choosing between investing in your own name, a company, a trust or an SMSF is sensible. But, if you need to create a special structure to save yourself a few dollars in tax then consider:

  • How much will you pay in accountancy or legal fees? I’m not saying don’t listen to your accountant, but you should do the numbers yourself. If the structure results in a $3,000 tax saving but a $2,500 accountancy bill, then your accountant will probably think it’s a good idea. You need to work out if $500 will be worth the extra time and the potential liabilities.
  • How much extra work every year will you need to do? If you hate doing one tax return then why are you signing up to add company or SMSF tax returns to your annual list of chores?
  • If the tax rules change, how much will you be out of pocket? For example, spending $5,000 upfront on a fancy structure to save $2,000 per year might leave you considerably out of pocket if the rules change.
  • Are you taking on additional liabilities and responsibilities? For example, becoming a director has additional legal ramifications. Your structure might affect how you will be treated legally if things go badly.

Rule 3. Debt is dangerous

Debt can make a good asset great. But, debt can never make a bad asset good, and it can make an average asset bad.

If your investment loses money, debt will never make the situation better. An asset that only returned say 2% might be disappointing if you invested in it without debt, but the investment is not disastrous. An asset that returned 2% funded by debt costing 10% might be disastrous.

I am wary of using debt to invest in any volatile asset. Never use debt to get yourself a tax break. If you are taking out a margin loan then make sure you can meet the margin calls if the stock market falls.

A common example might be borrowing against an investment asset (usually tax deductible) and using that money to say reduce your home loan (not tax deductible). First, this is playing with fire from a tax perspective (it may fall foul of Part IVa of the tax code) and second, check the interest rates. In many cases, higher interest rates mean that the benefit is negligible. And definitely don’t increase the amount you invest to access a bigger tax break. Often the equation is:

  • investment goes well, save a few hundred dollars or so in tax
  • investment goes badly, financial ruin
  • plus potential to fall on the wrong side of the ATO.

Rule 4. Never invest in an asset where the sales pitch has a major focus on tax breaks

Go back to rule number one.

Rule 5. Don't let tax affect your decision when to sell

There are timing benefits in when you might take a capital gain or a capital loss. But I’m much more comfortable selling an asset earlier than holding onto a poor investment hoping that it doesn’t fall further while I wait for some tax advantage. That is, don’t hold onto a poor investment that might get worse just because you are hoping there will be a tax benefit.

 

Damien Klassen is the Head of Investments for Nucleus Wealth. This article is general information and does not consider the circumstances of any individual.

 

RELATED ARTICLES

Admin fees on large super funds vs SMSFs

7 golden rules for SMSF investors

Property excitement, a Saturday auction and an SMSF

banner

Most viewed in recent weeks

Vale Graham Hand

It’s with heavy hearts that we announce Firstlinks’ co-founder and former Managing Editor, Graham Hand, has died aged 66. Graham was a legendary figure in the finance industry and here are three tributes to him.

Australian stocks will crush housing over the next decade, one year on

Last year, I wrote an article suggesting returns from ASX stocks would trample those from housing over the next decade. One year later, this is an update on how that forecast is going and what's changed since.

Avoiding wealth transfer pitfalls

Australia is in the early throes of an intergenerational wealth transfer worth an estimated $3.5 trillion. Here's a case study highlighting some of the challenges with transferring wealth between generations.

Taxpayers betrayed by Future Fund debacle

The Future Fund's original purpose was to meet the unfunded liabilities of Commonwealth defined benefit schemes. These liabilities have ballooned to an estimated $290 billion and taxpayers continue to be treated like fools.

Australia’s shameful super gap

ASFA provides a key guide for how much you will need to live on in retirement. Unfortunately it has many deficiencies, and the averages don't tell the full story of the growing gender superannuation gap.

Looking beyond banks for dividend income

The Big Four banks have had an extraordinary run and it’s left income investors with a conundrum: to stick with them even though they now offer relatively low dividend yields and limited growth prospects or to look elsewhere.

Latest Updates

Investment strategies

9 lessons from 2024

Key lessons include expensive stocks can always get more expensive, Bitcoin is our tulip mania, follow the smart money, the young are coming with pitchforks on housing, and the importance of staying invested.

Investment strategies

Time to announce the X-factor for 2024

What is the X-factor - the largely unexpected influence that wasn’t thought about when the year began but came from left field to have powerful effects on investment returns - for 2024? It's time to select the winner.

Shares

Australian shares struggle as 2020s reach halfway point

It’s halfway through the 2020s decade and time to get a scorecheck on the Australian stock market. The picture isn't pretty as Aussie shares are having a below-average decade so far, though history shows that all is not lost.

Shares

Is FOMO overruling investment basics?

Four years ago, we introduced our 'bubbles' chart to show how the market had become concentrated in one type of stock and one view of the future. This looks at what, if anything, has changed, and what it means for investors.

Shares

Is Medibank Private a bargain?

Regulatory tensions have weighed on Medibank's share price though it's unlikely that the government will step in and prop up private hospitals. This creates an opportunity to invest in Australia’s largest health insurer.

Shares

Negative correlations, positive allocations

A nascent theme today is that the inverse correlation between bonds and stocks has returned as inflation and economic growth moderate. This broadens the potential for risk-adjusted returns in multi-asset portfolios.

Retirement

The secret to a good retirement

An Australian anthropologist studying Japanese seniors has come to a counter-intuitive conclusion to what makes for a great retirement: she suggests the seeds may be found in how we approach our working years.

Sponsors

Alliances

© 2024 Morningstar, Inc. All rights reserved.

Disclaimer
The data, research and opinions provided here are for information purposes; are not an offer to buy or sell a security; and are not warranted to be correct, complete or accurate. Morningstar, its affiliates, and third-party content providers are not responsible for any investment decisions, damages or losses resulting from, or related to, the data and analyses or their use. To the extent any content is general advice, it has been prepared for clients of Morningstar Australasia Pty Ltd (ABN: 95 090 665 544, AFSL: 240892), without reference to your financial objectives, situation or needs. For more information refer to our Financial Services Guide. You should consider the advice in light of these matters and if applicable, the relevant Product Disclosure Statement before making any decision to invest. Past performance does not necessarily indicate a financial product’s future performance. To obtain advice tailored to your situation, contact a professional financial adviser. Articles are current as at date of publication.
This website contains information and opinions provided by third parties. Inclusion of this information does not necessarily represent Morningstar’s positions, strategies or opinions and should not be considered an endorsement by Morningstar.