All Topics / General Property / NO stamp duty for investor – Nomination clause

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  • Profile photo of hengjin.lihengjin.li
    Member
    @hengjin.li
    Join Date: 2007
    Post Count: 12

    Hi, guys.

    Everybody knows the most expensive cost in transacting a property is the stamp duty. I recently come across a deal the vendor/developer is happy to accept "Nomination clause". This kind of deal is rare. 99% of developers will say no for it. But lucky we find one.

    With this clause, an investor is allowed to onsale the property by nominating a new purchaser without settling the property. In this way, the investor will save stamp duty, mortgage cost, or perhaps capital gain tax.

    For example, say in traditional way, you buy the property for 550K and onsale the property at settlement for 550K. Your profit is
    550,000 – 500,000 – 20,224= 29,776 less mortgage cost

    With the "Nomination Clause", your profit is
    550,000 – 500,000 = 50,000 with NO mortgage cost.

    This project will finish at 2013. you will benefit from the capital growth without the heavy transaction cost.

    You can contact me at 0431280070 for more details about this deal.

    Heng

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

    There is nothing new in this and is readily used by investors.

    Depending on the State you may still find that Stamp Duty is payable.

    Richard Taylor | Australia's leading private lender

    Profile photo of Paul DobsonPaul Dobson
    Participant
    @pauldobson
    Join Date: 2003
    Post Count: 1,196

    Hi Heng

    The "and/or nominee" loophole has been closed off in NSW for quite awhile now.  If used it will trigger double stamp duty.  I think it's the same in Vic but not sure.  I suggest you put this question to your solicitor before you consider using this clause.

    A put and call option (if the call option is worded correctly) would work for this siutation but, if you think developers were negative about the and/or nominee" clause, they'll be even more unlikely to accept a put and call option.  It just depends how "motivated" they are to sell.

    Cheers,  Paul

    Paul Dobson | Vendor Finance Institute
    http://www.vendorfinanceinstitute.com.au
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    Profile photo of Nigel KibelNigel Kibel
    Participant
    @nigel-kibel
    Join Date: 2005
    Post Count: 1,425

    I believe a nomination clause is ok in Victoria and South Australia, however in Queensland it does not apply. If you change the entity from signing a contract you will be hit with 2 sets of stamp duty. To be on the safe side always check with a solicitor or accountant before proceeding.

    Nigel Kibel | Property Know How
    http://propertyknowhow.com.au
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