14/09/2026
Can we legally move debt from a personal house (non deductible) to rental properties (deductible)?
We are constantly reviewing this opportunity for all our clients, and one option is a restructure. Here is an example of a recent restructure (rounded numbers).
- Former personal house worth $500,000 with no debt.
- Former personal house being converted to a rental property and intended to be held for 10+ years.
- Buying a new personal house for $800,000.
Before the Mortgage Advisor came to us for advice, the couple were simply looking at borrowing $800,000 to buy their new personal house. In this situation, all of the debt would be non deductible.
A mistake we often see is mortgage advisers offering guidance on tax matters, which falls outside their area of expertise. That was not the case in this example, but we often see the Mortgage Advisors suggesting something like "Borrow $300,000 secured against the rental property". This does absolutely nothing for tax purpose. If the borrowing is used to buy the personal house, the $300,000 is still non deductible.
For tax purposes, the security does not matter!
We met with the investors, reviewed the cashflow of the prospective rental and confirmed they intended to hold it long term (there is no point restructuring if they only plan to keep it for 6 to 18 months!).
Every situation is different. The advice and ownership structure will change depending on the investors specific situation. In this case, we sold the former personal house to the new LTC.
The LTC borrowed $500,000 to buy the rental property. The borrowings was used to acquire the rental property, so the interest is deductible (under current rules).
Our end result was:
- $300,000 personal house debt (non deductible)
- $500,000 rental property debt (deductible to LTC)
Cost vs benefit - We expect to save approximately $22,000 in tax over 10 years, vs approx. legal fees of approximately $3,000. There is a significant long term benefit from undertaking this restructure!
Tax avoidance - If something is done solely to reduce tax, it will generally be considered tax avoidance, and we could not do it.
Be very careful around tax avoidance, as we see some very poor advice been given by certain accounting firms.
In this example, there is no tax avoidance issue, as it follows QB 12/11, an IRD Question we've been asked, that gives guidance that this exact situation is NOT tax avoidance. The key factor is changing from personal use to rental use.
Risks or issues - in this example, a new 2 year brightline period has started. If the LTC sells the rental property within 2 years, any gain will be taxable.
This risk is minimised by selling the property for the highest value possible.
Want to explore your options? - A great starting point for reducing personal debt and increasing tax deductible debt is to have a free chat with Ross. You can book a time here:
https://www.lifetime.co.nz/business-advice/accounting/lifetime-property-accounting/book-a-consultation-property-accounting/