Being added to a loan (change of title) BROKERS HELP

Discussion in 'Loans & Mortgage Brokers' started by Joey2020, 2nd Mar, 2021.

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  1. Joey2020

    Joey2020 Well-Known Member

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    Hi all,


    Quick one :
    If my mate gets a home now with 2 lots in his name at 800K and 4 months later I want to join the loan

    Do I pay stamp duty on the 800,000 or my share of the loan assuming I have one lot and he has one ? Is it stamp duty on 800k or 400 k ?


    This is in NSW by the way


    Thanks
     
  2. Terry_w

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

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    lenders will only lend to legal owners of a property - generally.

    So if you want to become an owner, title will have to change and so will the loans.
    If you want to become a borrower, you will generally need to be an owner.

    If beneficial ownership of the property changes you will pay duty based on the value of the share of the property being transferred.
    Your mate will need to consider the CGT consequences too.
     
  3. Joey2020

    Joey2020 Well-Known Member

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    The lot he wants to get is already subdivided in 2 lots.

    when the time comes in a couple months or a year I want to go on the loan for one lot, will the bank value only one lot and I will pay a stamp duty on the value of that one lot ?


    For example

    land value now is 800k for 2 lots

    in 1 year value of Lot A is deemed to be 405K and LOT B 405k

    since I want LOT B , will I pay a stamp duty on the 405K ?

    Thanks
     
  4. Terry_w

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

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    The bank has nothing to do with stamp duty.
    If you buy property your conveyancing solicitor will help you with that.
    If the lot you are purchasing is worth $405,000 you will pay duty on that.
    He will pay CGT or income tax on the sale.

    If the land hasn't been purchased yet you can get advice on how to avoid stamp duty odown the track
     
  5. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    GST could also apply to the sale / transfer (paid by the vendor but remitted from the sale proceeds when it settles). Vacant land is a taxable supply. Depends why its being sold etc. A solicitor / tax adviser may assist. The contract should address the GST method (which may minimise the impact) and may avoid a later higher sum.
     
  6. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    There is no quick answer I'm afraid

    If the lots are already subdivided then it quite probably would be simpler for him to have 2 purchases (one for each lot) and 2 loans (one for each lot). Then he could sell or transfer you the second lot and that loan simply be in your name and you pay the transfer duty.

    I don't actually understand what you are trying to achieve

    Is the same lot that you have another thread about that you are currently subdividing???
     
  7. Joey2020

    Joey2020 Well-Known Member

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    Hi mate

    Thanks for that

    best thing to do is for us both to wait then jump on the loan together