All Topics / Help Needed! / HELP REGARDING STAMP DUTY

Viewing 6 posts - 1 through 6 (of 6 total)
  • Profile photo of AndrewHAndrewH
    Participant
    @andrewh
    Join Date: 2010
    Post Count: 40

    Ive done something stupid I recently changed my house to add my brothers name so that i will be able to refinance more cash, its only been 1 month, I realised i dont need him on my title the problem is i have already paid stamp duty for his half, and to take him off i need to pay again. Is there anyway around this, Could he create a letter for the stamp duty office and state that its not for sales purpose and purely a mistake and he just wants his name off the title etc

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

    too late i beleive

    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 BankerBanker
    Participant
    @banker
    Join Date: 2010
    Post Count: 371

    You don’t even need him on title to borrow. You could have had him as guarantor or even co-borrower.

    Profile photo of AndrewHAndrewH
    Participant
    @andrewh
    Join Date: 2010
    Post Count: 40

    Yes i know im stupid im new to all this… i just wish i found out before, now its doing my head in thinking every tax return has to include him then he has to give me the money once the return has been done

    Profile photo of number 8number 8
    Participant
    @number-8
    Join Date: 2010
    Post Count: 333

    Andrew,

    You are not stupid, but were misguided, that often happens in life, where there is a will there is a way, try this to get you out of trouble……

    Try this: OSR Ruling 30 Section 55 part 1 (B) (11) -Read below, All you require is a paper trail as required at the end of this section,

    (b) a transfer of dutiable property from an apparent purchaser to the real

    purchaser if:

    (i) the dutiable property is property, or part of property, vested in the apparent

    purchaser upon trust for the real purchaser, and

    (ii) the real purchaser provided the money for the purchase of the dutiable

    property and for any improvements made to the dutiable property after the

    purchase.

    http://www.birchcorp.com.au

    Profile photo of AndrewHAndrewH
    Participant
    @andrewh
    Join Date: 2010
    Post Count: 40

    Excellent! will do

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

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