All Topics / Help Needed! / transfer houses btwn brothers

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  • Profile photo of edskiiedskii
    Member
    @edskii
    Join Date: 2010
    Post Count: 8

    Hi all,

    First post here so please take it easy on me.

    Here’s the scenario, brother and I are looking at doing a straight swap his for mine.

    what’s the best way to minimize the stamp duty? Do we have to transfer the houses at market value?

    Say if we were to transfer the houses under market value in order to minimize the stamp duty, and at later stage sell the house. In theory, CGT then would be more because the initial price was too low.

    Any advice??? thanks all

    mattnz
    Participant
    @mattnz
    Join Date: 2007
    Post Count: 574

    What are your objectives of doing the swap?

    An alternative would be to live in each others properties, without purchasing from each other, then you get other tax benefits also.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    edskii wrote:
    Hi all, First post here so please take it easy on me. Here's the scenario, brother and I are looking at doing a straight swap his for mine. what's the best way to minimize the stamp duty? Do we have to transfer the houses at market value? Say if we were to transfer the houses under market value in order to minimize the stamp duty, and at later stage sell the house. In theory, CGT then would be more because the initial price was too low. Any advice??? thanks all

    Stamp duty is payable at market values, as is CGT.

    The best way to avoid this is to keep as is.

    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

    Profile photo of edskiiedskii
    Member
    @edskii
    Join Date: 2010
    Post Count: 8

    It's complicated, long story short that the swap is a must

    Ultimately from tax point of view, I just to minimize the stamp duty as much as I could given we're both not far from paying off our houses.

    thanks all

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

    Well, there is no way that I know of to minimise stamp duty on a transfer like this – other than to get a valuer and tell him the situation and ask for a valuation as low as possible. However this may only save you a few hundred.

    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

    Profile photo of edskiiedskii
    Member
    @edskii
    Join Date: 2010
    Post Count: 8

    wow that was a quick response

    Terry, you're a great help

    thanks again

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

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