Borrowing

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GUEST OBSERVATION
Australia’s lowest ever Reserve Bank cash rate – 1.5% – is about to be consigned to history.
On Tuesday Governor Philip Lowe made it clear he plans to cut it in two weeks’ time. The money market cash rate (from which all other rates derive) will then fall to 1.25%.
After that, if betting in the market is right, he will cut the cash rate to just 1% by Christmas.
Speaking in Brisbane, Lowe said the Reserve Bank board <a href="https://www.rba.gov.au/speeches/2019/sp-gov-2019-05-21" target="_blank">was of the view that</a>:
"Inflation was likely to remain low relative to the target, and that a decrease in the cash rate would likely be appropriate. 
"A lower cash rate would support employment growth and bring forward the time when inflation is consistent with the target. Given this assessment, at its meeting in two weeks’ time the board would consider the case for lower interest rates."
The bank is forecasting a tick up in economic growth from the present 2.3% to 2.75% by the end of the year and a fairly steady unemployment rate.
But here’s the thing. He was keen to emphasise that those forecasts only applied if he cut rates twice this year – that’s twice, before the end of the year.
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Reserve Bank cash rate since 1990
<a href="https://images.theconversation.com/files/275782/original/file-20190521-23832-y56vnk.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=1000&amp;fit=clip"><img src="https://images.theconversation.com/files/275782/original/file-20190521-23832-y56vnk.jpg?ixlib=rb-1.1.0&amp;q=45&amp;auto=format&amp;w=754&amp;fit=clip" alt=""></a>
<a class="source" href="https://www.rba.gov.au/statistics/cash-rate/" target="_blank">Reserve Bank of Australia</a>
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He is planning to do it because the economy is weak, much weaker than his political masters suggested during the election campaign. Consumer spending is “unusually soft”.
"Over the past three years, household disposable income has increased at an average rate of just 2.75%. This compares with an average of 6% over the preceding decade.
"As this period of weak income growth has persisted, it has become harder for households to dismiss it as just a temporary development – as something that will pass quickly. The lower rate of income growth has also made it harder for households to pay down debt. The end result has been that many people have decided to adjust their spending plans."
The cuts are just the start
It isn’t much good cutting interest rates if mortgage rates don’t follow. That will be up to the banks. But until this week, even if they had passed it on, there would have been so many would-be borrowers it wouldn’t have helped.
That’s because, whatever the interest rate and whatever a would-be borrower’s ability to make payments, banks have generally refused to lend to anyone who couldn’t cope with a rate of 7.25%.
It’s been the doing of the Australian Prudential Regulation Authority – one of the Reserve Bank’s sister organisations. It regulates banks and super funds and other institutions in order to keep the financial system stable.
In December 2014 it directed the institutions it supervises to impose serviceability assessments that incorporated a buffer of at least two percentage points above the loan product rate they were offering and a minimum floor rate of <a href="https://www.apra.gov.au/sites/default/files/141209-Letter-to-ADIs-reinforcing-sound-residential-mortgage-lending-practices.pdf">at least 7%</a>.
That meant that if new mortgage rates were 5%, as they were at the time, the lenders had to satisfy themselves that the borrower could cope with 7%. As new mortgage rates fell to 4.5% they still had to satisfy themselves that the borrower could cope with 7%.
Banks have needed unreasonably high buffers
APRA’s directive stated that “prudent practice would be to maintain a buffer and floor rate comfortably above these levels”, meaning that in practice most lenders wouldn’t lend to anyone who wasn’t able to cope with the mortgage rate climbing to 7.25%, no matter how unlikely that was becoming.
On Tuesday this week, a few hours before Governor Lowe delivered his speech, it wrote to the institutions again, <a href="https://www.apra.gov.au/sites/default/files/letter_consultation_on_revisions_to_prudential_practice_guide_apg_223_residential_mortgage_lending.pdf" target="_blank">telling them that</a>: "the low interest rate environment is now expected to persist for longer than originally envisaged. This may mean that the gap between actual rates paid and the floor rate may become unnecessarily wide."
It was proposing to remove “reference to a specific 7% floor”.
The required serviceability buffer would climb from 2% to 2.5%, and it would no longer expect lenders to use a rate “comfortably above” that buffer.
Soon, they’ll be able to lend more…
While strictly speaking the letter notified lenders of a one-month consultation period, what it really did was notify them that the changes were about to be implemented.
In recent months most new mortgage rates have been below 4.5%, with some high-quality borrowers able to get rates as low as 3.6%.
The new arrangements will allow banks to assess them on their ability to make payments on a 6% to 7% loan instead of a 7.25% loan.
Should the next two cash rate cuts be passed on, it would allow them to assess lenders on their ability to repay a 5.5% to 6.5% loan.
It would represent a substantial easing of credit standards for new borrowers.
..up to 10% more
My calculations suggest it would increase the borrowing capacity of home buyers by as much as 10%, enough to have a material positive impact on the housing market.
APRA’s move (almost certainly taken in consultation with the Reserve Bank) both makes a cut in the Reserve Banks’s cash rate less imperative and more potent.
As interest rates get lower, further cuts seem to have been losing their ability to get people and businesses spending and borrowing, something the Governor would have been thinking of when he referred in his speech to the “limitations” of relying on just one instrument to boost the economy.
It would also be up to the government to provide “additional fiscal support” (which means extra spending or tax cuts) including through spending on infrastructure and “policies that support firms expanding, investing and employing people”.
The first of his rate cuts, due in a fortnight, will have more impact than it would have had APRA not acted.
Or perhaps not as much as he would have hoped if the banks, carrying big costs as a result of the misdeeds uncovered in the royal commission, don’t pass it all on.<img src="https://counter.theconversation.com/content/117500/count.gif?distributor=republish-lightbox-basic" alt="The Conversation" width="1" height="1" style="border: none !important; box-shadow: none !important; margin: 0 !important; max-height: 1px !important; max-width: 1px !important; min-height: 1px !important; min-width: 1px !important; opacity: 0 !important; outline: none !important; padding: 0 !important; text-shadow: none !important;">
Warren Hogan, Industry Professor, University of Technology Sydney
This article is republished from <a href="http://theconversation.com" target="_blank">The Conversation</a> under a Creative Commons license. Read the <a href="https://theconversation.com/cutting-interest-rates-is-just-the-start-its-about-to-become-much-much-easier-to-borrow-117500" target="_blank">original article</a>.
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j.ballantyne1990-6AQqhLzZaK

Cutting interest rates is just the start. It’s about to become much, much easier to borrow

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The prospect of rising interest rates has more borrowers wanting to lock into fixed-rate loans, says a new study. 
More than a third of Aussies (35.5 per cent) looking to take out a home loan would go for a fixed-rate loan, according to Gateway Credit Union. The split rate option was favoured by 34 per cent and the variable rate by 30.7 per cent. 
And over half of those surveyed said they would be in it for the long haul — choosing to fix their home loan rate for five years.
The sentiment for fixed loans is high in spite of the Reserve Bank of Australia keeping interest rates on hold and at a record low for the past several months. Banks, however, have been making out-of-cycle home loan rate increases, citing tough regulatory environment.
Of the major cities, Brisbane residents are the second most likely in the country to want to fix their mortgage after Sydneysiders, with 35.1 per cent saying they would choose a fixed rate home loan over a variable or split option, the www.realestate.com.au reported citing The Courier Mail.
The news comes after Mortgage Choice’s national home loan approval data found Queenslanders were the keenest on fixed rates, with 24.74 per cent of all March loans being locked in.
As to the preferences by age, the younger generation (18 to 29 year olds) are more inclined to take out a fixed rate home loan, followed by the 50 plus age bracket.
Gateway CEO Paul Thomas was cited in the article saying speculation around changing market conditions had rattled borrowers.
“We know property prices are sky high, compound that with low wage growth, high levels of household debt and out of cycle rate hikes and you can expect that consumers might be worried about maintaining a loan, especially if they have no control over repayments because of a fluctuating rate,” Thomas said.
“Borrowers have enjoyed low rates for quite some time but the results suggest that we may be in for tougher times ahead.”
These findings suggest borrowers think that once rates start to shift upwards they won’t be coming back down again for some time, he added.
Borrowers would do well to consider fixing part, or all, of your home loan. 
Omniwealth’s Andrew Zbik suggested borrowers take several steps, such as building a cash buffer, having an offset account and budgeting carefully.
Zbik said he suggests to clients to have at least six months of expenses put aside as a cash buffer.
“This will help to shield you from any immediate increases in interest rates and give you time to adjust any spending commitments,” he said. 
According to the RBA, only one-in-three households have enough cash on hand to meet one month’s mortgage payments.
Offset accounts are another way to put your surplus cash to work, Zbik said. Your savings and everyday cash flow will be used to reduce the repayments on your home loan. For example, if you have $100,000 of loan outstanding and you have $10,000 in the offset account, the bank will only charge you interest on the $90,000.
He also suggested disciplined budgeting using automatic budget tracking programs such as Moneysoft or MoneyBrilliant.
“Knowing where you spend your money will help you to prepare for where interest rates need to be before cashflow gets tight,” he added.
 
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jonathanchancellor-7SQnKwU6yx

More borrowers favouring fixed-rate loans

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GUEST OBSERVER
The last 12 months have been a roller coaster ride for SMSF limited recourse borrowing arrangements. I thought I’d take the opportunity to re-cap what’s happened.
FSI
The biggest change — or more accurately the biggest non-change — is the government’s decision not to action the recommendation coming out of the Financial System Inquiry.
The final FSI report — released in December 2014 — had recommended that the government:
[r]emove the exception to the general prohibition on direct borrowing for limited recourse borrowing arrangements by superannuation funds.
More specifically, it stated:
Government should restore the general prohibition on direct borrowing by superannuation funds by removing Section 67A of the Superannuation Industry (Supervision) Act 1993 (SIS Act) on a prospective basis.
It described the problem as follows:
… growth in superannuation funds’ direct borrowing would, over time, increase risk in the financial system … the Inquiry notes an emerging trend of superannuation funds using LRBAs to purchase assets. Over the past five years, the amount of funds borrowed using LRBAs increased almost 18 times, from $497 million in June 2009 to $8.7 billion in June 2014.
Naturally, this was a cause for concern for many in the SMSF industry. Also, some felt that the recommendation unfairly targeted all LRBAs where only some or a minority posed any concern. Of course there are risks with any borrowing, but I have seen many SMSF trustees carefully plan and meticulously implement LRBAs which greatly added to an SMSF’s ability to provide retirement benefits. Such carefully thought out investments added only a commensurate amount of increased risk for the increased amount of return.
The recommendation was a particular concern for those SMSF trustees who had signed contracts to buy properties off-the-plan. With such purchases typically one must wait well over a year before the apartment is built and a bank is ready to execute loan documentation. If the government changed the law in the meanwhile, such SMSFs could have been left in a tricky position.
Luckily, the government has adopted a ‘wait and see’ approach. More specifically, on 20 October the government responded to the FSI as follows:
The Government does not agree with the Inquiry’s recommendation to prohibit limited recourse borrowing arrangements by superannuation funds.
While the Government notes that there are anecdotal concerns about limited recourse borrowing arrangements, at this time the Government does not consider the data sufficient to justify significant policy intervention.
Accordingly, LRBAs are still allowable … at least for the time being!
Bank policies
The last 12 months have seen a marked increase in difficulties in getting a bank to agree to lend to SMSFs. Some banks appear to flat out refuse to enter into new LRBAs for the acquisition of residential real estate. As at the date of writing, it is too soon to say with certainty, but due to the government not banning LRBAs (as set out above) it is hoped that the major banks will re-enter the residential LRBA market.
New tax legislation
The passing of the Tax and Superannuation Laws Amendment (2015 Measures No. 2) Act 2015 (Cth) was a positive change. It clarifies that a look through approach can be applied to the bare/holding trust that is a mandatory feature of LRBAs.
This new law inserted into the Income Tax Assessment Act 1997 (Cth) the concepts of an ‘instalment trust’ and an ‘instalment trust asset’. These include respectively an LRBA bare/holding trust and the asset that is owned via the bare/holding trust.
The legislation goes on to provide that where an investor (eg, an SMSF) has a beneficial interest in an instalment trust asset under an instalment trust, the asset is treated as being the investor’s asset instead of being an asset of the trust.
It gives the following examples:
<ul>
<li>A dividend in respect of the asset is paid to the instalment trust (ie, the bare/holding trustee). Under the new law the dividend is treated as if it had been paid directly to the investor.</li>
<li>A trustee of an instalment trust (ie, the bare/holding trustee) disposes of the instalment trust asset. Under the new law any capital gain or loss is made by the investor, not by the trustee.</li>
</ul>
Also, although the changes were inserted into the income tax legislation, they also extend to GST. For example, the recently inserted s 235 820(5) of the Income Tax Assessment Act 1997 (Cth) contains the following example:
If the trustee [of the instalment trust] has a net input tax credit under the GST Act, the [SMSF] must apply the credit to reduce the investor’s cost base for the instalment trust asset (even if the [SMSF] is not registered or required to be registered for GST purposes).
In truth though, many were not too excited by the passing of the Tax and Superannuation Laws Amendment (2015 Measures No. 2) Act 2015 (Cth) as it simply confirmed what has already been industry practice for many years.
Related party lending
Naturally, it is possible for the lender to an SMSF to be a related party.
In 2010, in Australian Taxation Office Interpretative Decision ATO ID 2010/162 the ATO stated that ‘there is no contravention of section 109 of the SISA if the terms [of a related party SMSF loan] are more favourable to the SMSF [than had the parties been at arm’s length].’
Then, the NTLG Superannuation Technical minutes of June 2012 record that the following two questions were put to the ATO:
If a related party lender offers a discounted rate of interest to an SMSF under a section 67A borrowing arrangement, would the discount be considered a contribution received by the SMSF?
Can an SMSF enter into a borrowing arrangement … with a related party if a zero rate of interest is charged by the related party lender and only principal repayments, with no imputed interest, are made throughout the loan term in accordance with the loan agreement?
The ATO answered both in terms favourable to taxpayers (ie, no to the first and yes to the second).
Further, in the general NTLG minutes of December 2012, the ATO stated:
The ATO position on low rate loan arrangements and LRBA is that that they do not generally invoke a contravention of the SISA, do not give rise to non-arm’s length income under section 295-550 of the Income Tax Assessment Act 1997 (ITAA), do not invoke Part IVA of the ITAA 1936 and are not considered to give rise to contributions to the SMSF just from that one fact alone.
Accordingly, many had read this as being a ‘carte blanche’ for low — or even nil — interest related party LRBAs. At DBA Lawyers we had never been a fan of such arrangements and of course ATO comments in NTLG minutes are not binding.
Then, in December 2014 the ATO released Australian Taxation Office Interpretative Decisions ATO ID 2014/39 and ATO ID 2014/40. These both considered related party LRBAs with nil interest being charged and both stated that the ATO’s view is that the arrangements did give rise to non-arm’s length income.
Accordingly, the position that DBA Lawyers has long been in favour of is now broadly well accepted by all, namely, that related party LRBAs should be on the same terms that would be agreed with an arm’s length lender.
Conclusion
The last year has shown that LRBAs are here to say (at least for the foreseeable future), but we must be just as careful as ever in their set up. This care includes ranging from ensuring that a bank will lend, up to ensuring that — where there is a related party — the terms of the loan are reflective of what is arm’s length.
This article is for general information only and should not be relied upon without first seeking advice from an appropriately qualified professional.
 
Bryce Figot is a lawyer at DBA Lawyers and <a href="https://www.dbalawyers.com.au/" target="_blank">can be contacted here</a>.
 
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jchancellor-FAypfDUnLy

Recap on SMSF limited recourse borrowing arrangements

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Westpac has announced new home loan offers, including rate discounts and cash-back incentives.
Its new interest rate on the Flexi First Options Home Loan will be 4.19%.
The spring-time offer will also waive the $600 establishment fee.
“Customers are the big winners with our Spring Home Loan offers,” Westpac general manager of third party distribution, Tony MacRae said.
 “Spring is our key home loan season and our supporting campaigns provide great value for customers, especially those borrowers that are looking to pocket some savings.”
For more information, <a href="https://www.westpac.com.au/personal-banking/home-loans/variable/first-home-loan/" target="_blank">click here</a>.
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