Stampduty Payment in Victoria

Discussion in 'Legal Issues' started by Investmel, 27th Jan, 2021.

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  1. Investmel

    Investmel New Member

    Joined:
    3rd Sep, 2017
    Posts:
    2
    Location:
    Sydney
    Hello All,

    I've purchased an Investment property in Melbourne with my friend in November 2017. Due to the change in priorities I wish to exit from the investment property. My friend is looking to buy my share of the investment property.

    Now we have got the below questions for which we need your expertise guidance.
    1. Stampduty exemption : Since we've already paid the full stampduty payment while purchasing the property, do we need to still pay the stampduty when my friend is purchasing my share ? Can we claim exemption if I can sell my share to my friend via gift or in a nominal amount basis.

    2. Claiming the loss of the Investment : Can we claim the loss on the investment property during the tax assessment if we're selling the property/share on a loss

    3. Stampduty calculation : If my friend is purchasing my share on the property, does he needs to pay stampduty only the share value being purchased ?
     
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,984
    Location:
    Australia wide
    1. Yes duty will apply. No exemption for gifts and he will not be able to deduct interest if you gift
    2. You each will have separate interests in the property. If you sell your interest you may make a capital loss - but this doesn't affect him
    3. On the value of the property being transferred.