Frequent posts here mention the Victorian concession which allows a spouse transfer free of duty.
What is little understood is a similar provision exists in NSW. Its a bit more rigid than the Vic exemption however.
s104B of the Duties Act NSW permits a transfer from ONE spouse so that after transfer the ownership is then either joint tenancy or 50/50 Tenants in Common.
The one big catch is that at the time of the transfer the property must be residence of the parties. This can be ideal if a new PPOR is being acquired and the former PPOR was owned by one of them....
This option may allow:
- Refreshed loans ?
- No CGT if the MR exemption applies
- Restructured ownership
- Maybe even use of the increased loan and change of ownership to pay down non-deductible debt (new PPOR strategy)
Its the sort of area of advice where personal advice is really needed to identify any potential benefits. My recommendation is then to handover to a lawyer / broker to facilitate it. I prefer to use Terry_W since he handles it all. Good legal support (contract, settlement duties act etc) and loan broking.
What is little understood is a similar provision exists in NSW. Its a bit more rigid than the Vic exemption however.
s104B of the Duties Act NSW permits a transfer from ONE spouse so that after transfer the ownership is then either joint tenancy or 50/50 Tenants in Common.
The one big catch is that at the time of the transfer the property must be residence of the parties. This can be ideal if a new PPOR is being acquired and the former PPOR was owned by one of them....
This option may allow:
- Refreshed loans ?
- No CGT if the MR exemption applies
- Restructured ownership
- Maybe even use of the increased loan and change of ownership to pay down non-deductible debt (new PPOR strategy)
Its the sort of area of advice where personal advice is really needed to identify any potential benefits. My recommendation is then to handover to a lawyer / broker to facilitate it. I prefer to use Terry_W since he handles it all. Good legal support (contract, settlement duties act etc) and loan broking.