All Topics / Legal & Accounting / Title transfer with a difference

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  • Profile photo of ryasenryasen
    Member
    @ryasen
    Join Date: 2010
    Post Count: 2

    My husband & I live in QLD in a house that he had purchased before we met, currently it is our PPOR but we are wanting to use this house in the future as IP and buy another home. I have downloaded the forms to put my name on the title "as way of gift" (the D2.2).

    The question is…we have a family trust which I am the trustee for and I was thinking about putting my 1/2 the house in the trust (husband not involved in the trust).

    We need to be mindfull of which way we go as my husband has 2 children from a previous relationship which we are paying Child Support for and I really don't want his taxable income to be increased but would like to have a few IP's in the future.

    Thank you for your advice

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

    You will probably pay stamp duty if you gift it to a trust.

    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

    Profile photo of ryasenryasen
    Member
    @ryasen
    Join Date: 2010
    Post Count: 2

    With this house I no doubt will have to pay stamp duty to trust it but with the property we are looking at buying is it easier to put it directly in the trust?? How does this go with finance??

    Thank you for your advice Terryw

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

    think you will find that spouses can transfer part of a property they own to the other partner without stamp duty if the place is the main residence. A trust probably wouldn't qualify.

    Getting finance  for a new house in a trust won't be a much different to getting finance in your own name.

    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

Viewing 4 posts - 1 through 4 (of 4 total)

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