Stamp duty and costs if selling to family members

Discussion in 'The Buying & Selling Process' started by spoon, 10th Feb, 2018.

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  1. spoon

    spoon Well-Known Member

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    Hi PCers,

    Would selling to my kids/spouse at sub market price, eg. 60%, still attracts market price stamp duties? What about transaction costs? Exactly as a normal sale? What about if the transfer of ownership as a gift or partial gift?

    Any advice appreciated thanks.
     
  2. Terry_w

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

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    Yes market value
     
  3. Marg4000

    Marg4000 Well-Known Member

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    Stamp duty and cgt calculations, if applicable, are always at market valuation regardless of price paid.
    Marg
     
  4. RPI

    RPI SDA Provider, Town Planner, Former Property Lawyer

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    An agent can provide a comparative market analysis in QLD for transfer duty purposes - 3 like sales.
     
  5. spoon

    spoon Well-Known Member

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    Thanks everyone...
     
  6. Terry_w

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

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    Why do you want to transfer to your kids? It can help them more if you wait until you die
    - no stamp duty
    - no CGT
    - protected from spouses until then
    - leave via a testamentary discretionary trust which could save them heaps of tax and give further asset protection.
    - they may predecease you.

    In the meantime you could lend them some money perhaps. maybe as an interest free loan.