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Considerations When Transferring Property to Someone Else

Are you thinking of the gift of real estate to an individual in your family? Transferring a house or properties to family members could offer many benefits, however there are some serious mistakes you’ll want to stay clear of.

Transferring the property to your heirs when you’re still alive can avoid any probate proceedings. 房产过户 can be part of a strategy to protect assets.

However, giving your the property to someone else could be tax-related and financial. Here’s what you must be aware of before you transfer the ownership of your property.

Can You Give Real Estate as a Gift?

According to Australian law, it is possible to gift real estate to your relative in a gift of outright. If you gift ownership to a third party it is not possible to exchange cash. The procedure for gifting requires the filing of the form of a Transfer of Land with your title office. The filing of a gift deed could also be required.

In some instances the gifting of property occurs in the form of an offer. For instance, if would like to gift an individual in your family a home but you have to pay for expenses, they can purchase the house at a reduced cost.

Who should be on the Title for property that is gifted to family Members?

When you purchase a home you are issued an official certificate of Title. The document defines your rights and obligations as the owner. If you transfer or sell the property and the government records the change in the title to the property. This official document contains the property’s details that include:

Ownership
Mortgages
Easements
Covenants
Caveats

After the transfer of the title your family member will be the owner of the property.

Is Gifted Real Estate Taxable?

Australia doesn’t have a national gift tax to:

Cash gifts
Charitable gift donations
Immovable property

However, real estate can be considered a tax-deductible gift. Based on the kind or location and value of the property the new owner might be required to pay:

Stamp duty
Tax on land
Surcharge for owner of the absentee
Taxes for residential property that are unpaid

The tax obligations of the new owner are contingent on the law of the state.

What are the tax implications of a gift Property?

Prior to transferring ownership of your property, knowing the tax implications is crucial.

Capital Gains Tax

From a tax point of view From a tax perspective, capital gains could affect your financial situation. You must make payments of taxes on capital gains (CGT) in addition to your tax assessment for income in the event of disposing of property. Also the profits from the sale will be included in your tax-deductible income.
If a property is sold the capital gain is the purchase price of the property minus the price at which it is sold. In the case of a property that is gifted and the capital gain is fair market value of the property less the cost of purchase.

If you gift a home, it is the Australian Taxation Office (ATO) evaluates the tax on capital gains by calculating the market value on the day of transfer. A qualified valuer is able to determine the value of the property based on independent and authentic information.

In certain situations the property owner can get around CGT on capital gains. You can reduce or eliminate CGT in the case of transferring:

Your main home
Investment property
Small office space
Property you purchased prior to September 20th in 1985.

A rental property could be your home. The rules of temporary absence, your property will remain your home if:

The house was not vacated for more than six years, and
The house was yours for a minimum of twelve months prior to leaving

Stamp Duty

Australian states charge stamp duty on transfers regardless of whether the property is being given as a gift. Contrary to popular opinion the stamp duty isn’t an unintentional payment. According to tax law, buyers must cover stamp duties on every property transfers.
Stamp duty is part of the state taxation. In New South Wales and Queensland it is possible to transfer the interest in a the property to your spouse without having to pay stamp duty. There is no requirement to pay duty after the transfer

Your spouse and you jointly have the whole home as jointly-tenants
The house is your permanent your permanent residence.

Before you begin your transfer, you should seek out financial advice to know details about laws of your state.

Other considerations when transferring property to a different person

Pension Payments

The consequences of giving away the house could go beyond tax implications. When transferring property to a child, parents should think about the impact upon their retirement.

Centrelink examines the revenue from a transfer based on the property’s value , not the selling price.

As an example, let’s say you gift a home with the value of $250,000 your children. If you decide to sell the property at a price of the sum of $100 Centrelink is likely to assess results of the sale at $250,000. In this scenario you could be unable to collect your pension benefits.

Home Credit

In the event that your property wish to transfer has a mortgage on it then your new owner has to transfer the loan. Before beginning your transfer institution who holds the mortgage has to give the new owner the approval.

Costs

In along with taxes, other fees could be imposed on the transfer of property. It is possible to pay for an independent appraisal to be used when making your tax filings. It is also possible that you will have to pay a solicitor to:

Give you legal advice
Make the necessary agreements and transfer documents
Transfer title to property

If you are considering gifting a home to a family member, think about any other expenses carefully. It is also important to make sure you are sure that the owner is able to pay for expenses, like tax on stamps.