All Topics / Legal & Accounting / Selling IP to spouse

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  • Profile photo of ozizu05ozizu05
    Member
    @ozizu05
    Join Date: 2009
    Post Count: 1

    Hi to all. Just got a few enquiries on selling my IP to my wife for love and affection, thus having stamp duty for her exempt. (vic). Reason is to purchase a new PPOR under just my name, and use the funds of the purchase that my wife gives me to lower my non-duductible PPOR loan. Also, since my wife is effectively purchasing a IP, she can claim the full interest payments on the purchase price at market value, much better than the $45000 loan i have now to claim.

    However, my wife is about to give birth to our first child, so wont be working for close to year, and we hope to have more children later on. Also her taxable income is only about $30000, so she is on the lower marginal rate of tax. So will we really is t still worth it since shes not on $75000 like I am. We obviously wont be able to get the full benefit of her negatively gearing the IP. Am I wasting my time selling to her?

    Also to note that I will be CGT exempt since I have lived in the IP and it complies with the 6year rule.

    Also how hard would it be to get a investment loan for my wife for $300000, if she is not going to work for a year since I wont be the guarantor. We could get a deposit of maybe $30000 max.

    Finally even if she can get the loan and I to sell to her with no stamp duty for her and no CGT for myself, shall I put her name on the new PPOR title we intend to but to live in?

    Thankyou.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    it your wife has no income it will be very hard for her to get a loan. You may have to go guarantor.

    Wether it is worth it or not is a different matter. Just do some figures based on both scenarios – keep and sell. Sounds like it won't cost much to do.
     
    Doesn't really matter if you put her on the new house title as you can't claim anything. Putting her on means putting her on the loan too, eating into serviceability (in the future). But it may give you some asset protection if you are sued – you might be limited to losing half the house!

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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