Transfer PPOR to spouse and turn into IP

Discussion in 'Accounting & Tax' started by Richard Williams 775, 25th Nov, 2017.

Join Australia's most dynamic and respected property investment community
  1. Richard Williams 775

    Richard Williams 775 New Member

    Joined:
    25th Nov, 2017
    Posts:
    1
    Location:
    Melbourne, Victoria
    Hi,

    I have a PPOR worth approx 500k with 250k owing on the loan and owned as joint tenant with my wife. I want to use the stamp duty free transfer of PPors in Victoria between spouses to transfer the property to my own name 100%. This provison from the Victorian SRO allows a spouse to transfer a PPOR into the other spouses name without stamp duty if there is no consideration paid. I will then convert it into an IP.

    The question is, when it has become an IP 100% in my own name, how much of the original 250k loan is deductible?
     
  2. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,917
    Location:
    Australia wide
    I have written about this several times. See my tax tips.

    BTW the exemption has changed
     
  3. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    At best. Maybe 50%. Increasing borrowed funds beyond this may be now difficult while also accessing the duty exemption in its modified form.
     
  4. Terry_w

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

    Joined:
    18th Jun, 2015
    Posts:
    41,917
    Location:
    Australia wide
    If no consideration is paid then max $125k could be deductible as this is basically a gift of 50% of the property.

    But the stamp duty laws don't allow for a transfer without duty unless going to joint ownership 50/50
     
  5. Paul@PAS

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

    Joined:
    18th Jun, 2015
    Posts:
    23,504
    Location:
    Sydney
    And the new laws dont exempt transfers with consideration !! Meaning that a new loan to the new owner for the other 50% cant be used to settle the property unless consideration is given. Hence dutiable.