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Changing the ownership of an existing residence

Discussion in 'Accounting, Tax & Legal' started by s2155306, 28th Jun, 2015.

  1. s2155306

    s2155306 New Member

    28th Jun, 2015
    I am new to property investment and need some advises from the experts.
    My husband and I have lived in sydney unit for 9 years. We have worked hard and managed to repay the entire loan. The property is now estimated worth 800K. Now we would like to move to bigger house for family.

    We want to keep hold of our sydney unit and use it as an investment property. I found it very hard to find suitable investment property. However, since there is no loan balance owing it would be difficult to get any tax deduction.

    I was thinking about the option to transferring the property from Joint ownership (my husband & I) to single ownership (myself). Since it was our principle of residency, we will not be paying any capital gains tax (CGT). But I will need to pay the stamp duty + legal fee for the transfer. I would also get the loan from the bank (with the market value evaulation).

    My question is if I transfer the joint ownership property to single ownership and get a new mortgage & pay stamp duty to start a new investment cycle, will the tax office see it's "Dodgy" act?

    Many thanks in advance.
  2. Terryw

    Terryw Well-Known Member

    9th Jun, 2006
    You can only claim the interest on your loan to buy out the husband's share. Make sure you set it up right because otherwise the interest wouldn't be deductible. I have seen people do this but made the transfer a gift and not a 'purchase' = no deductibiliyt of itnerest.

    You should seek tax advice if the ATO would apply Part IVA to deny the interest, but otherwise deductible under s8-1.