Subdivision of Title and Transfer of Stamp Duty

Discussion in 'Accounting & Tax' started by Raymond S, 13th Jul, 2021.

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  1. Raymond S

    Raymond S New Member

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    Hi first-time poster and long-time lurker, I am planning to knock down and rebuild a duplex in the Parramatta council.

    I have purchased the property with my brother and would like to know what is the best way to minimise stamp duty transfer and have it owned 100% on each side.

    If there are any other tips would be much appreciated.
     
  2. Terry_w

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

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    partition with each of you owning as bare trustee for the other so that there is no change in beneficial ownership when titles are transferred.
     
  3. Raymond S

    Raymond S New Member

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    I contacted stamp duty nsw and was advised there no stamp duty cost and it is called a partition and only cost $50 each side if the valuation of the property on each side is the same.

    FYI for other people doing the same thing.
     
  4. Terry_w

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

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    thats what i said above
     
  5. Raymond S

    Raymond S New Member

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    My apologies for the misunderstanding, here is a link to a previously thread
    NSW - Duplex title split

    Which I found is similar to my questions however the answer is different, were there changes from a year ago?

    Thanks
     
  6. Terry_w

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

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    No changes in stamp duty or CGT in relation to this. Not sure why you think the answers in that thread are different.
     
  7. Paul@PAS

    Paul@PAS Tax, Accounting + SMSF + All things Property Tax Business Plus Member

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    I would also take care. While a partition may get a duty concession the GST issues cant be ignored. A partition must be applied for and poor structure at the commencement may mean a exempt transfer isnt exempt and other issues. I would be starting with legal advice prior to acquiistion. That way the proper evidence etc is available.

    I have seen plenty of cases where partitioning was refused concessions. Even how loans are structured may play a part