All Topics / Legal & Accounting / Investment Property – Stamp duty & tax implication

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  • Profile photo of unlimitedunlimited
    Participant
    @unlimited
    Join Date: 2005
    Post Count: 21

    Hello,

    I just have a question about my investment property.

    About 7 years ago, I bought an investment property under my own name. It's in Victoria.

    I'm planning to sell this (maybe) in 3-4 years time.

    If I change the title of this property from "my own name" to "my own name + my partner's name"), will it be incurred in another extra stamp duty.

    Me & my partner are married, with no kids.

    Moreover, since I plan to sell this in 3-4 years time. What about the tax implication when we sell it (if the title is both under my name & my partner's name)?

    Is the capital gain will be shared to "both me & my partner" or "just me" or …. (considering the first 7 years, the title is only my own name)?

    If someone can help this, that would be much appreciated.

    Thank you.

    Profile photo of TheFinanceShopTheFinanceShop
    Participant
    @thefinanceshop
    Join Date: 2012
    Post Count: 1,271

    what state is this in?

    TheFinanceShop | Elite Property Finance
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    Residential and Commercial Brokerage

    Profile photo of Jamie MooreJamie Moore
    Participant
    @jamie-m
    Join Date: 2010
    Post Count: 5,069

    Hi and welcome aboard.

    The state the property is in will determine whether duty will be triggered again.

    In any case, this is a scenario that you'd want to discuss with your accountant – let them know of your intention to sell the property within the next few years as well.

    Cheers

    Jamie

    Jamie Moore | Pass Go Home Loans Pty Ltd
    http://www.passgo.com.au
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    Mortgage Broker assisting clients Australia wide Email: [email protected]

    Profile photo of Jacqui MiddletonJacqui Middleton
    Participant
    @jacm
    Join Date: 2009
    Post Count: 2,539

    What are you trying to achieve by putting it in both names?

    Jacqui Middleton | Middleton Buyers Advocates
    http://www.middletonbuyersadvocates.com.au
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    VIC Buyers' Agents for investors, home buyers & SMSFs.

    Profile photo of unlimitedunlimited
    Participant
    @unlimited
    Join Date: 2005
    Post Count: 21

    The property is in Victoria.

    JacM wrote:
    What are you trying to achieve by putting it in both names?

    My honest answer will be to reduce the tax from capital gain when we sell it.

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

    If it is in victoria you can transfer to a spouse without stamp duty. This will be a cgt event though. If you are looking to deduct interest then the transferee will need to buy if from you at full market value and borrow to do so. This can be done without or just nominal stamp duty in vic.

    Seek legal advice from a solicitor before attempting this.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
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    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

    Profile photo of unlimitedunlimited
    Participant
    @unlimited
    Join Date: 2005
    Post Count: 21
    Terryw wrote:
    If it is in victoria you can transfer to a spouse without stamp duty. This will be a cgt event though. If you are looking to deduct interest then the transferee will need to buy if from you at full market value and borrow to do so. This can be done without or just nominal stamp duty in vic. Seek legal advice from a solicitor before attempting this.

    Thanks Terryw.

    My idea is to split the cgt to me & my partner.

    Because in my opinion, if the property under my own name, it means they will the capital gain from my income only

    Having the property under 2 names means the capital gain tax are shared (me 50% and my partner 50%). We lodged tax return individually.

    Is this correct?

    Thanks.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    cutegirl wrote:
    Terryw wrote:
    If it is in victoria you can transfer to a spouse without stamp duty. This will be a cgt event though. If you are looking to deduct interest then the transferee will need to buy if from you at full market value and borrow to do so. This can be done without or just nominal stamp duty in vic. Seek legal advice from a solicitor before attempting this.

    Thanks Terryw.

    My idea is to split the cgt to me & my partner.

    Because in my opinion, if the property under my own name, it means they will the capital gain from my income only

    Having the property under 2 names means the capital gain tax are shared (me 50% and my partner 50%). We lodged tax return individually.

    Is this correct?

    Thanks.

    Your will pay cgt on transfer to your spouse unless an exemption applies and then cgt from then on in accordance with ownership %

    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

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