Transferring Property Into a Trust Without Triggering Tax and Stamp Duty

40 comments

Teresa 2023-03-27 21:24:34

Mahfuz Rahaman 2022-08-24 11:40:20

Hi Michael, I need advice please on how I can transfer property ownership from my own name to a new trust set up like "Property trust" or "Family trust" without paying stamp duty? I bought the property for $400K a couple of years ago and am planning ...Read full version

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martin bonnici 2021-09-23 09:46:22

hi Michael. would like advice or contact to transfer my equity to my family trust. can you recommend anyone please

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Teresa March 27, 2023

Hi Michael, my partner and I just planning to purchase our first investment property (most likely standalone house in Brisbane). We have our current home which almost paid off all debt. We currently have one year old child and are planning to develop our investment property portfolio in the long run. (i.e.: purchase a few investment grade properties). My husband is like a few years older than me so probably retire way earlier than me (assuming I still would like to work!) What would your advise in terms of the structure for our first property? I have thought about family trust but that means all the negative gearing will be captured and unable to offset against our income. (We are in a higher tax bracket)

Thank you.

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Michael Yardney March 27, 2023

Teresa – there are many factors to consider – I’ll send you an email

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Mahfuz Rahaman August 24, 2022

Hi Michael, I need advice please on how I can transfer property ownership from my own name to a new trust set up like “Property trust” or “Family trust” without paying stamp duty? I bought the property for $400K a couple of years ago and am planning a development which will cost say, another $1mil. Property is in negative gear now, but after development will turn into positive. Thanks in advance.

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Michael Yardney August 25, 2022

This requires specialist advice – we can’t advise in this forum – Whey not chat with Ken Raiss – Australia’s leading property tax specialist

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martin bonnici September 23, 2021

hi Michael. would like advice or contact to transfer my equity to my family trust. can you recommend anyone please

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Michael Yardney September 23, 2021

Martin The best person I know is Ken Raiss – the author of this article – that’s what he specialises in – Check out his services here

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MK September 23, 2021

Hi Michael, I have 1 X OO property and 2 x Investments properties, currently all under joint names (Myself and my wife) with 50% ownership each, is there a way to move both investment properties in to family trust to gain benefits of negative gearing without paying stamp duty ?

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Michael Yardney September 23, 2021

The simple answer is no – CGT must be paid if you sell a property and stamp duty whne you buy one. That’s why it’s critical to plan your ownership structure before you buy

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Rankin Chopra August 28, 2021

I own an investment property under my personal name – I bought it in 2011 for $500K , todays its $1000K. I have 2 kids 16 and 14 Yrs old.
I am thinking to transfer 50% to my wife , we are planning to move in to this property for a year so that it will be PPR and there will no stamp duty in this transaction.
But confused what will be the CGT treatment in this case. – 2 possibilities I was thinking .
1) As its PPR there will be no CGT.
2) As it was Investment so on the day of transfer 50% CGT event will kick in. As per current market price.
Another strategy – We transfer it to Trust – cost will be around $45k Stamp duty but in long run we can save huge tax.
I have achieved 3 townhouse council approval as well and we will build 3 townhouse in future so i want to follow the best strategy so that in long run the tax will be less as compare to existing situation.

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Michael Yardney August 28, 2021

This will need some serious modelling to understand your best outcome. Of course you’ll need to make any transfer for correct legal reasons and not to save tax otherwise it will not be allowable

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E July 28, 2021

Hi,
Interested in your estate planning options with no CGT or transfer stamp duty. Have a number of properties with no debt and would like to use the structure to purchase more assets and distributing cashflow to kids. Is there further information you can send?
Thanks.

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Michael Yardney July 28, 2021

Erik – why not leave your details here and you can find out more about how Ken can help you

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