We are self-funded retirees in our late 70s. Most of our
income comes from a diversified parcel of shares with E*Trade, a
margin lender, through St George Bank. Can my, or any other margin
lending broker, without my consent or knowledge, use my shares as
collateral for their other clients' margin lending or margin calls?
If yes, how can I prevent it? If such danger exists and is not
preventable, does the situation warrant an expensive transfer of
our share holding to one of the more costly broking services of the
secure four main banks? G.P.
ETrade is owned by one of the four main banks, ANZ. I checked
with ETrade, which tells me E*Trade and ANZ Margin Lending do not
engage in scrip lending for short selling (that is, lending out
client shares) so you should not have any concerns about losing
your shares in that fashion.
As well, under its share investment lending legal structure, the
customer remains the beneficial owner of all of its shares held as
security for the loan and ETrade will transfer back to you all your
shares upon repayment of the margin loan, as long as you are not in
default under any other loan with ANZ. I read that to mean you need
to keep an eye on ANZ debts other than margin loans although, to a
simple person like me, that seems to be an extreme extension of a
client-sharebroker relationship.
The Australian stock exchange is deemed to be responsible for
governing stockbrokers but it claims it only monitors a broker's
on-market activities.
It is not responsible for monitoring off-market activities such
as margin lending and stock lending, which are governed by the
broking firms' individual client-broker relationships, which I
presume are subject to contract and common law. Even where shares
are security for a loan, I personally cannot see how a broker,
regardless of any fine print, can take a person's stock and lend it
to another without express approval.
Refinancing and tax deductions
If I refinance, with a new loan, an investment property I
have had for some years, by increasing the amount of the loan, can
I increase my claim for the interest on my tax return? I would be
refinancing with the same bank and I need the money in the equity
for personal expenditure and to pay off some of my home mortgage.
E.B.
The actual security used to borrow money is irrelevant to the
tax deduction. You can claim a deduction for interest paid if the
borrowed money is invested in assets producing assessable income.
Spending the money on yourself and your mortgage doesn't count.
Sorry.
Half the truth about interest
It is my understanding that interest calculated daily
should be added to the capital on a daily basis which then becomes
the next total sum from which the next interest is calculated.
However our bank disputes my calculations and instead adds the
interest earned only at the end of the month to the capital instead
of at each separate transaction. I feel that there is quite a lot
of difference between advertising interest calculated daily and not
paying it daily. M.B.
Interest calculated daily and paid daily will obviously compound
more often and you would receive more interest than that paid
monthly, quarterly or at even longer intervals. I agree statement
interest calculated daily is only half the truth if, in fact, it is
paid less frequently, which it always is. Unfortunately,
advertising, marriages and other human interactions thrive on
half-truths. You could always complain to
http://www.advertisingstandardsbureau.com.au!
If you have a question for George Cochrane, send it to Personal
Investment, PO Box 3001, Tamarama, NSW, 2026. Helplines: bank
ombudsman 1300780808; pensions 132800.