All Topics / Legal & Accounting / TRANSFER OF PROPERTY TO A COMPANY/TRUST

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  • Profile photo of WaltWalt
    Member
    @walt
    Join Date: 2010
    Post Count: 7

     How can one transfer a property from an individual name into a trust or company without incurring high costs such as captial gains tax, stamp duty and the like?

    Also, can anyone confirm if a company pays capital gains tax on a buy/renovate/sell model. If there is CGT to be paid is the rate at 27%.

    Much appreciated

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Walter

    In answer to your first question you cant. Any Transfer will incur Stamp Duty and in a gain has been made CGT.

    With regards to the Tax rate payable by a Company.

    If the Company was deemed to be involved in the business of buying, renovating and then selling property the profit would be consider as Trading stock and Tax would be payable at the normal Corporation rate of 30%.

    Richard Taylor | Australia's leading private lender

    Profile photo of god_of_moneygod_of_money
    Participant
    @god_of_money
    Join Date: 2008
    Post Count: 970

    I think you can transfer your PPOR free of CGT to DFT ??check with your accountant
    but still incur stamp duty

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Yes you can GOM not an IP where a Capital Gain has been made though.

    Richard Taylor | Australia's leading private lender

    Profile photo of Richard TaylorRichard Taylor
    Participant
    @qlds007
    Join Date: 2003
    Post Count: 12,024

    Yes you can GOM not an IP where a Capital Gain has been made though.

    Richard Taylor | Australia's leading private lender

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    It may not be necessary to transfer the proeprty to a trust as asset protection can be gained by other methods and a structure can be set up to maximise tax savings as is too.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

Viewing 6 posts - 1 through 6 (of 6 total)

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