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Transfer of title to sibling of inherited property

Discussion in 'Estate Planning' started by Lyndunc, 21st Jun, 2014.

  1. Lyndunc

    Lyndunc New Member

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    21st Jun, 2014
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    Location:
    sydney, nsw
    Hi, I hope I'm posting this in the right spot! I inherited a couple of properties in January 2014. One went into my name as beneficiary and the other was in my name as executor of the will. I am going to transfer the title of the "executor state" property to my brother as he will be buying out what we have seen as being his unofficial half of the property. He will need to get a mortgage against the property and it will be done using our family solicitor. The probate value of the property is $600K and my brother will be paying only $300K for it.

    My question is what or will capital gains tax be applicable? I am hoping to see my accountant next week, but this is weighing on my mind. We realise my Brother will pay Stamp Duty on the market value of the property, but we obviously need to make some considerations of what we may be due to pay.

    Many thanks in advance for any assistance.
     
  2. Terryw

    Terryw Well-Known Member

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    Who is transferring? The estate or the recipient of it.

    Is it pre CGT? Was it the main residence of the deceased prior to death?

    Probably the cost base of the deceased will be inherited by the 'person' transferring it and CGT will be based on that - at market values.
     
  3. Lyndunc

    Lyndunc New Member

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    21st Jun, 2014
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    Location:
    sydney, nsw
    Thanks Terry for reply.

    The estate is transferring the title, the property I'd pre-CGT (built in 1970's) and was the primary residence for the deceased prior to death.

    It's a bit complicated & we realise an accountant will be the one to discuss all this with too.

    Many thanks for any further ideas
     
  4. Terryw

    Terryw Well-Known Member

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    Location:
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    probably no CGT in that case