Sell to spouse?

Discussion in 'Accounting & Tax' started by Bran, 6th Apr, 2016.

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  1. Bran

    Bran Well-Known Member

    20th Jun, 2015
    At work
    What would you guys do here?

    One property owned with my wife

    90% her name, 10% mine (tenants in common)

    Low income for her (rent from this only), highest tax bracket for me

    Property is negative to the tune of perhaps 3000 a year.

    Development site, excellent capital growth, however most recent bank val lags approx 20%.

    Based on the low bank val, I thought it may be a good time to sell my 10% to her? This is a long-term hold with a view to developing it perhaps in the next Brisbane growth cycle.

    Thoughts? Costs will be stamp, legal.

    Goal is to remove the asset from my name, set it up for when it becomes positive and/or we develop the site, or even sell with DA.

    Its CGT free as our PPOR until 12 months ago, so CGT not an issue for another 4-5 years, if we sell.
  2. Terry_w

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

    9th Jun, 2006
    Australia wide
    Worth considering

    Do you have another main residence?

    Can she qualify for a loan on her own? Doesn't sound like it. So you will need to be on the loan as well. Get some advice on whether Part IVA will apply.