Purchasing IP from spouse?

Discussion in 'Investment Strategy' started by Rugrat, 13th Apr, 2019.

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  1. Rugrat

    Rugrat Well-Known Member

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    16th Jul, 2015
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    Sorry if this is in the wrong spot, wasn't quite sure where to put it.
    I've been looking into debt recycling and I was just wondering if the situation I am considering is actually plausible, or if I am completely off the mark.

    I have an IP (located in QLD) solely in my own name, no mortgage. Is it possible for my husband to take out a mortgage and purchase that IP from me. Obviously paying all associated buying and selling costs, stamp duty, CGT, etc.
    And then for me to use the money from that purchase towards the purchase of a new (jointly owned) PPOR with my husband?

    My goal is to make the mortgage tax efficient, having it against the IP rather then the PPOR. But I am not sure how a sale from myself to my husband would be veiwed by the ATO, when the proceeds are benefiting both of us like that.

    I am also making an assumption that the banks would be ok with a mortgage like this provided servicability is met? Or are they likely to balk at this situation?

    Is what I am suggesting feasible? Or am I overlooking something important?
     
  2. Terry_w

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

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    Australia wide
    Yes.

    I have.written about this in my tax tips and strategies. Links in my signature
     
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  3. Rugrat

    Rugrat Well-Known Member

    Joined:
    16th Jul, 2015
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    376
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    Australia
    Thanks you. Your links are very helpful.
     
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