stamp duty/CGT....property Transfer from husband to wife

Discussion in 'Investment Strategy' started by dlaa9, 15th Apr, 2012.

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  1. dlaa9

    dlaa9 New Member

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    Hi

    I wonder if stamp duty and CGT applies to investment property transfer from husband to wife ?

    if so, is there a way to get around it?

    thanks
    daniel
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    You would have to advise on the state the property is located in because stamp duty is a state based tax.

    If the property is in VIC then you may be in luck.

    see
    Duties Act 2000 - SECT 43 Marriage and domestic relationships
     
  3. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    CGT may be payable if the property is an investment property.

    There is a way around it - divorce:) or death:eek:
     
  4. GunnerGuy

    GunnerGuy Index & Property Investor

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    I dont think it is possible asn you will suffer CGT and stamp duty. I want to change my proerties from joint tennants to tennants in common to control the rental income to the lower tax payer but I will incur these costs unfortunately.

    Gunnerguy
     
  5. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

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    It could be possible to do without stamp duty - or just a nominal sum in some states such as victoria.