All Topics / Legal & Accounting / Redevelopment Partnership Implications

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  • Profile photo of TonyGTonyG
    Participant
    @tonyg79
    Join Date: 2015
    Post Count: 10

    Hi Everyone, I own 2/3rds of an investment property with another party who owns 1/3rd. We currently split rental income + expenses based on ownership stakes i.e. I earn + pay 2/3rds. We will knock down existing block of units + build 3x3bdm units – Unit 1 + 2 on the bottom are identical + Unit 3 on top will be a ‘penthouse’. We plan to sell Unit 2 off the plan to help source finance for the redevelopment then I will hold Unit 3 + the other party will hold Unit 1 (Note we will strata all 3 units). My issue is that I can’t work out the implications of dissolving the ‘partnership’ re this redevelopment to be fair/equitable to all parties. If we follow the plan + sell Unit 2 off the plan then do we first square up the partnership i.e. I currently own 4/6th + the other party 2/6th so they need to buy 1/6th share from me then we pay for the construction costs based on the individual expenses e.g. I pay for the total cost of Unit 3 + half of Unit 2 vs other party pay for the total cost of Unit 1 + half of Unit 2???

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

    Is it a partnership at law, or a tax partnership or just joint owners?

    Change of title will result in stamp duty possibly, but CGT may not be triggered if you are just shuffling ownership percentages around before selling to a 3rd party.

    This is complicated stuff and you may need to see a lawyer in addition to the tax agent. Perhaps a deed of partition is needed.

    Also GST aspects need to be considered.

    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 TonyGTonyG
    Participant
    @tonyg79
    Join Date: 2015
    Post Count: 10

    Thx Terryw. Our arrangement is simply joint owners + based on a handshake (sibling) – we had signed a partnership agreement when there was 3 parties with 3 equal shares in the investment property – but I bought out one party + we never re-signed a new partnership agreement. Im thinking we will need to seek a solicitor to review + confirm how to split via a deed of partition like your suggested. Thx again.

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