On selling unregistered land

Discussion in 'The Buying & Selling Process' started by Jayy, 15th Jun, 2017.

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  1. Jayy

    Jayy Active Member

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    Hey all,

    I'm looking for anyone's experience in onselling unregistered land. If I purchase unregister land am I able to sell it at any time (at a profit) or do I have to wait until settlement date and have my own contract drawn up? Of course there will be stamp duty and capital gains tax payable on any profits
     
  2. Terry_w

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

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    You will have to sell your loan 'off the plan' as it doesn't yet exist. So you would have to do a simultaneous settlement - vendor, you and end purchaser.

    Alternatively you could assign the contrac or nominate a new person at settlement.

    All have stamp duty and tax consequences. stamp duty will likely apply 2x. and the profits taxed as income or capital gains depending on the situation.
     
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  3. Jayy

    Jayy Active Member

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    Thankyou for the reply Terry. Could you explain why there would be 2x stamp duty, if I'm only buying it once?

    Regards
     
  4. Terry_w

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

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    someone is buying from you too so they would pay stamp duty.
     
  5. Jayy

    Jayy Active Member

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    Thanks again Terry. I was under the impression that I had to pay stamp duty two times. Thankyou