All Topics / General Property / Stamp duty question

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  • Profile photo of Hari YellinaHari Yellina
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    @yellina
    Join Date: 2007
    Post Count: 101

    Hi all,

    I have purchase a property in partnership with two other friends three years ago. Now, I am purchasing from other two partners. Is there anyway, I will get stamp duty exemption. For the amount of share I have paid before, please advice

    Kind regards,
    Hari yellina

    Hari Yellina
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    Profile photo of Scott No MatesScott No Mates
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    @scott-no-mates
    Join Date: 2005
    Post Count: 3,856

    Generally the only time that you can transfer between parties without payment of stamp duty is where you are getting married & splitting a premarriage asset or likewise for a divorce.

    Can you talk to the solicitor noting it was a menage a trois?

    Profile photo of ausi ski bumausi ski bum
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    @ausi-ski-bum
    Join Date: 2004
    Post Count: 18

    Another Stamp Duty Question, in 2004 I bought three seperate properties (flats) in the same building in Victoria and the State Revenue calculated the purchase as a single transaction more than doubling the stamp duty even though they were three seperate flats and contracts of sale.

    Today I am looking at two units in a set of six in NSW each a seperate deal with two different agents.  Will I pay the stamp duty per sale or will I again hit this same issue where the state revenue will lump the purchase prices together and base the tax on the total figure.

    Lets face it, Tax offices never miss a trick. 

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

    If the seller is the same you would, or if associated persons.

    See rev rulng DUT 36
    http://www.osr.nsw.gov.au/lib/doc/rulings/rrdut36.pdf

    and s25 Duties Act
    http://www.austlii.edu.au/au/legis/nsw/consol_act/da199793/s25.html

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

    Profile photo of ASBASB
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    @asb
    Join Date: 2010
    Post Count: 8

    Thanks, in that case yes, in this case no to seperate unrelated owners and two different selling agents. 

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