Viewing 12 posts - 1 through 12 (of 12 total)
  • Profile photo of MOBMOB
    Member
    @mob
    Join Date: 2004
    Post Count: 8

    Steve has said in his book and at the seminar the other day that in the process of a flip there will be double stamp duties.
    After the seminar I shared my flip experience with Steve, and here it is.

    You do not pay stamp duty when you flip. Stamp Duty on Transfer (the Biggie) is only payable on transfer of title. With a flip, the title does not pass to you but goes straight to the person you “assign” to
    ie the new purchaser.

    My only outlay was my initial deposit ($500) which was recouped when flipped. I did not fulfill the finance condition, so there wa no binding obligation. The new purchaser gained finance approval and took over the contract. I simply stepped out of the equation.

    There was no down side risk, but the capital gain was relatively small.
    There you go.

    MOB

    Profile photo of BEAR1964BEAR1964
    Participant
    @bear1964
    Join Date: 2003
    Post Count: 702

    Hi MOB , it does differ from state to state, for instance here in SA u have to pay stamp duty on the deposit then the buyer pays stamp duty on the overall cost.

    In Tassie they u have to pay stamp duty in full within 3 months or penalties occur, then again on the flip it must be payed in full.

    Regards Bear

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    Profile photo of MOBMOB
    Member
    @mob
    Join Date: 2004
    Post Count: 8

    BEAR1964

    I’m sure it does vary from state to state. I am in SA tho’.
    There wasn’t any stamp duty.
    Cheers

    Profile photo of BEAR1964BEAR1964
    Participant
    @bear1964
    Join Date: 2003
    Post Count: 702

    My understanding is that one only has to pay stamp duty on the deposit payed and again on the flip by the new purchaser. Pay $100 deposit is a way around it with limited stamp duty. Of course my understanding could be wrong or outdated.

    Regards Bear

    POSITVE CASHFLOW properties and Joint Ventures available!
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    Profile photo of MOBMOB
    Member
    @mob
    Join Date: 2004
    Post Count: 8

    Nope, no stamp duty on deposit.
    I was re-imbursed my deposit by the new purchaser. I provided my receipt as proof of deposit.
    I did pay ~$85 for the conveyancer to handle my capital gain and post my cheque.

    Profile photo of BEAR1964BEAR1964
    Participant
    @bear1964
    Join Date: 2003
    Post Count: 702

    Oh ok, cool, good to know , thanks for that.[biggrin]

    Regards Bear

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    Profile photo of Elysium-MElysium-M
    Member
    @elysium-m
    Join Date: 2003
    Post Count: 259

    Interesting idea.

    Unfortunately, it doesn’t work in WA. There are anti-avoidance provisions in the Stamp Act. It’s quite illegal here.

    Will be safer getting an option to buy the property, and selling it to someone else.

    Cheers
    E

    DIY Residential Property Settlements in WA – the book coming soon! When I can get my act together…

    Profile photo of AUSPROPAUSPROP
    Participant
    @ausprop
    Join Date: 2003
    Post Count: 953

    how does this work please – you sell the option to not take up your option?? couldn’t you get cut out of the deal?

    Profile photo of picja1picja1
    Member
    @picja1
    Join Date: 2003
    Post Count: 144

    I’m not to sure the difference between the states, however I know in Qld a real estate agent was sent to jail for doing a flip without paying stamp duty.

    One thing to consider in this example; he was an agent, could have come under different laws etc.

    Another thing to consider; you didn’t pay stamp duty, this time.
    I’d check with another solicitor.

    However, very good, if it’s correct.

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

    Picja is correct in Qld double stamp duty would certainly be payable.

    A Call Option is certainly one way of avoiding the double duty (at least until the Option is exercised) however not always popular with Vendors.

    Cheers Richard
    richard at fhog.com.au
    http://www.fhog.com.au

    There is no such thing as a problem.
    Just a solution waiting to be found

    Richard Taylor | Australia's leading private lender

    Profile photo of melbearmelbear
    Member
    @melbear
    Join Date: 2003
    Post Count: 2,429

    Richard, if you make it a Put and Call Option I’ve found once the vendors understand it they are generally ok…..

    Cheers
    Mel

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

    Mel

    We always use a put & call option but can’t say Qld Vendors totally understand it.

    They seem to have more confort in a conditional Contract with all the out’s under the sun.
    Don’t ask me why.

    Cheers Richard
    richard at fhog.com.au
    http://www.fhog.com.au

    There is no such thing as a problem.
    Just a solution waiting to be found

    Richard Taylor | Australia's leading private lender

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