stamp duty exemption question

Hello everyone,

Let suppose person A owns a property. It was his first investment property and he had paid stamp duty.

After 2 years....

Person B buys a first property with stamp duty exemption.

After a month....

Person A and B gets married. Is that completely legal in view of taxation since Person B has received an exemption but has married a person who already owns a property?

 

If you're talking about the first homebuyer stamp duty concession, then I believe that you can own a prior IP that you haven't lived in before and still be eligible anyway.

 

Marrying is not illegal unless a close relative or same sex.

 

hopefully that will change soon. That is the same sex vote goes through.

 

I think I will create another simple scenario:

Person A and B bought their first properties and received a stamp duty exemption. Now they are getting married. I guess from a taxation point of view its fine.

Now think of another married couple: one partner can receive SD exemption only if another partner has not received an exemption in past???

 

Depends if its their home or an IP.
Own home transfer is complex but may avoid duty if it becomes joint tenanacy or 50/50 TIC.

If B seeks to buy an investment it would need to be their home. The FHOB rules exclude a person if their spouse has eever owned property in Australia if that property has been occupied for 6mths + (ie they may have been entitled to the concession)

 

If it is a PPOR and the other party has received the grant and or bought a home in the past to live in it disqualifies both form the grant/sd exemption, in WA anyway.

If an IP that has never been occupied by applicant/s then should be still eligible for FHB grants/exemtions.

 

Depends on the state, depends on whether they are spouses before getting married. From a stampo duty point of view if not spouses at the time the first property is purchased there should be no restrictions or effect if they later marry

 

thank you, you answered my question