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Do you have to pay market value for a property gifted to you (in victoria)

Submitted by danield on July 8, 2008 - 11:08pm.

Joined: 29/10/2004

Hi, I just had a question about love and affection(gifting).
My wife owns a Investment Property, solely in her name.
She is currently at home looking after the kids and not working.
She is wanting to gift the property to me but for less than market value.
Is this legal in Victoria?

Thanks



Scott No Mates's picture

July 9, 2008 - 11:56pm

Joined: 04/05/2005

Gifting a property is just that - no value. Your downside is when you come to sell - you paid nothing so are up for 100% CGT if you have not used it as a PPOR. Your wife's downside is that for disposal purposes, it will be valued by the ATO as having transferred/sold at market value - so she will be up for CGT as well. Weigh up these costs before gifting the property, consider other alternatives eg moving it into a trust and you wife recieving the income etc.


July 24, 2008 - 11:10pm

Joined: 24/07/2008

Hi Daniel

I cant comment on the advantages or disadvantages im sure that both yourself and your wife have thought that through. In terms of legality she can transfer the property to your name for the consideration price of $1.00 irrespective of what the value is.
Make sure you involve a solicitor though before you go any further.

All the best.


Qlds007's picture

July 25, 2008 - 8:30am

Joined: 23/08/2003

Legalities aside her CGT and Stamp Duty (if applicable) will be worked out on market value.

She should obtain a valuation on the property prior to signing the Transfer.

Cheers

Yours in Finance
Richard Taylor
Residential & Commercial Finance Broker.
Licensed Financial Planner. Ph: 07 3720 1888
www.tayloredfinancialsolutions.com.au
richard@tayloredfinancialsolutions.com.au.
Lodoc loans from 7.83%


Terryw's picture

July 25, 2008 - 8:44pm

Joined: 01/01/2002

Some states allow transfers between spouses at special stamp duty rates. check with the OSR.

Terryw
Discover Home Loans
Terry@discoverhomeloans.com.au
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