When you transfer property to a family member, there's often no money exchanged, but government fees (like Stamp Duty) are usually based on the full market value. Our specialised support manages these tricky details.
I focus on making any related party property transfer as simple and compliant as possible, whether you are updating ownership after a relationship change or gifting a home to family.
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The price does not change the duty. Land transfer duty is generally assessed on the market value of the property rather than on what is actually paid, so transferring for a nominal sum or for nothing does not avoid it. The same applies to capital gains, which is also worked out on market value.
Usually yes. Because duty is assessed on market value, the State Revenue Office needs evidence of that value. Depending on the property and the type of transfer, that may be a sworn valuation from a licensed valuer or, in some cases, a lesser form of evidence such as an agent appraisal.
Fewer than a sale, but more than people expect. A transfer instrument, duty forms lodged with the State Revenue Office, evidence of the property’s value, and verification of identity for each party. Where a mortgage exists, the lender’s documentation is added to that.
It is treated differently. Transfers made because a relationship has broken down can attract concessional treatment, and where there are family law orders or a binding agreement those documents form part of the transfer. The criteria are set by the State Revenue Office, and the position depends on the paperwork behind the transfer.
Yes, and it is one of the more common related party transfers. What is being transferred is usually a half share rather than the whole property, so duty and capital gains are assessed on that share. Where there is a mortgage, the lender will normally need the incoming partner added to the loan.
That is a different exercise again. A transfer to a trust or company is generally a full duty and capital gains event with no family concession available, and the structure carries tax consequences well beyond the transfer itself. Advice from your accountant should come before the transfer is arranged.
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