What is the cost of your fixed term debt?

Get the printable version from HB Wine magazine here – What is the cost of your fixed term debt?

The Reserve Bank of New Zealand uses the Official Cash Rate (OCR) to maintain price stability, i.e. to keep inflation between one percent and three percent over the medium term.

Given the recent drop in the OCR (from 3.5 percent to 3.25 percent) and the potential for future reductions, it is timely to consider the benefits of changing the terms of your fixed term debt. For example, James fixed the mortgage on his vineyard which is leased at 6.25 percent for three years. One year later, James’s bank is offering a 4.95 percent two year fixed interest rate. James is eager to change his mortgage to the lower rate, so he sets up a meeting with his bank manager. At the meeting James is told that he can change interest rates but will be charged a $10,000 break fee. Why is James charged this fee?

A break fee is generally charged as compensation for the loss the bank will suffer if the interest derived from an existing loan reduces as a result of a switch to a lower rate. It is generally calculated on the difference in the bank’s margin on the interest rates the borrower is moving between. For example, James borrowed $550,000 on a five year fixed term at 6.75 percent p.a. After three years James has $500,000 remaining on his commercial loan balance and wants to change interest rates to the better 4.95 percent on offer. Changing over to this interest rate would result in James’s bank losing about $18,000 of interest income. As a consequence, the bank may look to negotiate a fee of say $10,000 with James if he remains with the bank as an ongoing customer.

As break fees can be significant, it is also important for James to know whether it can be deducted for tax purposes.

Tax deductibility of break fees

In 2012 Inland Revenue issued three public binding rulings relating to the deductibility of break fees incurred by landlords:

  • BR Pub (public binding rulings) 12/01 – break fee paid by a landlord to exit early from a fixed interest rate loan.
  • BR Pub 12/02 – break fee paid by a landlord to vary the interest rate of an existing fixed interest rate loan (James’s situation).
  • BR Pub 12/03 – break fee paid by a landlord to exit early from a fixed interest rate loan on sale of rental property.

Inland Revenue broadly concludes that break fees on borrowings are deductible where a landlord has borrowed to buy a property from which rental/lease income is derived (or to refinance another loan for that purpose). However the timing of the tax deduction will depend on the situation in which the break fees are incurred.

If the break fee is incurred to repay the loan early, then the break fee will be deductible when it is incurred. In James’s situation, where the break fee is paid to vary the interest rate under the loan, it will depend on whether he is a cash basis person or not. Whether someone is a cash basis person is determined by the levels of debt and deposit arrangements to which they are a party.

Whether or not to switch should be a decision based on the cash flow cost of doing so, the final negotiated fee with the Bank, whether interest rates are expected to increase or decrease and when the benefit of the tax deduction will be claimed.

Tax deductibility rules are not ‘one size fits all’ so if you are considering breaking a fixed loan on a property you lease or rent out please contact your accountant. They will be able to provide you with information on the tax deductibility of the break charges that is relevant to you.

Prepared by Mark Knofflock, Moore Stephens Markhams Hawkes Bay Ltd, for HB Wine Magazine.

Summer 2015

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