How to Gift a Property with Lowest Cost?

My two nieces have been staying in my apartment for many years. Now that I'm retired, I'd like to give the apartment to them instead of leaving it to them in my will. The market price for the apartment is around $485k. I have put the question to ChatGPT and it told me the followings:

  • Market value (gift value): $485,000
  • Original purchase price: $110,000

Location: Victoria

Assumption: It’s not a main residence, so Capital Gains Tax applies

Gift is made for no money, but stamp duty and CGT are based on market value

🔹 1. Receiver’s Cost (Stamp Duty)
Stamp duty on $485,000 in Victoria:

 Estimated Stamp Duty = $25,070
 (Using general rates from State Revenue Office Victoria)

🔹 2. Giver’s Cost (Capital Gains Tax)
Capital Gain:
$485,000 − $110,000 = $375,000

CGT Discount:
50% discount applies if held for more than 12 months

Taxable gain = $187,500

Tax Payable (by marginal rate): 
Marginal Tax Rate   CGT Payable (Estimate)
32.5%   $60,938
37% $69,375
45% $84,375

Let’s use 37% as a middle scenario:

CGT Payable = $69,375

🔹 3. Total Estimated Cost Summary
Party Cost Type Estimated Amount
Receiver Stamp Duty $25,070
Giver Capital Gains Tax $69,375
Total Combined $94,445

Is the calculated Total combined figure of roughly $100k correct?

Is there any way to keep the Total combined figure down?

Comments

    • +1

      That's dodgy in more ways than one.

    • In true OzB spirit!

  • It cost far less to just let them live there for free (they can cover rates etc if needed) and leave it to them in your will.

  • Complicated but you still need to pay CGT on inherited property (if it was investment property of the deceased). Partial exemption only….
    i.e. "put in the will" does not work.
    https://www.ato.gov.au/individuals-and-families/investments-…

    • but you still need to pay CGT on inherited property

      Not until you sell it though - this is the critical difference.

      • And one that so many seem to not understand

  • Just curious why you are doing this instead of just leaving it in your will? Are you worried your children or other relatives (if you have any of them) might contest?

    Other than tax implications, another note is that you are taking away your niece's FHOG benefits.

    As others have said, no way around it to pay CGT.

    Only suggestion is make friends with RE agent and get them to write a lowball appraisal and if ATO come asking, you can show them the appraisal.

    • And if the ATO don't like (challenge) the appraisal, pass me the popcorn

      • Ato usually cbf as long as u have something official on paper from a professional.

    • A RE Agents appraisal is not worth the paper it is written on for ATO purposes. The appraisal needs to be objective and supportable, a dodgy low ball valuation has no chance of standing up if challenged by the ATO.

      • Yeah, something along the lines of "I RE agent is of the believe that this property is currently valued at $xxxx". Should be enough

        • +2

          Not even close. The ATO has specific guidance for valuations.
          https://www.ato.gov.au/individuals-and-families/investments-…

          all a real estate agent letter like that will do is ring alarm bells that they need to look closer.

          • @gromit: Just attach a few pics to the "report" and done.

            • @mrvaluepack: The only time a report will be useful is when challenged by the ATO, the only time a real estate agents valuation is useless is when challenged by the ATO.

  • +2

    At these values it becomes cost effective to engage an actual accountant or financial planner specialising in real estate. This is the world of freaky loopholes like selling the property to a trust and making family members directors or beneficiaries, or moving somewhere for a year to tick some magic money checkbox. The cheapest option is almost certainly a lengthy legal incantation.

    • -1

      I doubt Uncle TA who uses Ozb for 'advise,' would fork out $$$$ for pro 'advise'.

  • -1

    OP basically does not want all of the headache of maintaining the property while letting his nieces staying for free.

    One option is to add one of your nieces as tenant in common for 1% of the share so you minimize the CGT and stamp duty. And let that niece to deal with all maintenance, you just need to sign.

    And leave the 99% for the nieces in your will.

    • -2

      Or each year sell 20% of your property to your niece to take advantage of lower brackets.

      So each year you only have to pay 3k for CGT if 35k (with 50% discount ).

      Overall you pay 3 x 5 + 5k (conveyance fee 5 times) + stamp duty

      • What happens if the market value of the property changes during that "transition" period?

        CGT is calculated using current market value.

        Additionally, if finance is sought, a new loan application is required every time an adjustment to ownership is desired. Would there need to be a guarantee of sorts that the intended purchaser can obtain compatible finance of their choice, when they want it with the lending institute they need to use?

        If spreading ownership out over five incremental acquisitions, will one lender provide all five different finances? If not, is it even possible for five separate lending institutions to all be financial stakeholders in one property transfer? How about mortgage insurers? Building insurers?

        Furthermore, future CGT will be calculated at the cost price of the portion the new owner acquired a particular share of the property.

        Seems to be a freakin lot of convoluted ways to try and get out of paying taxes that you legally owe.

        If anybody else attempted to legally minimize their tax obligation, we 'd be labelling them as free loading tax thieves in bed with the government for self serving gains.

        Short answer here is ask your accountant. Admitting that you even considered using Chat GPT for this indicates that somewhere a village is missing its idiot.

        Long answer is, property was used to generate income at some point in time. Whether it is now gifted or inherited, there will be a GST event and regardless of how much scheming or conniving ensues, the ATO isn't stupid, they have seen it all before, are watching for it and probably have pre existing policies ready to go to address those they catch with their fingers in the cookie jar.

        I'll leave you with this: paying tax is a good thing. If you are paying tax, you are making money.

        The double standards in this place does my head in!

        • Nah, there is no unethical in tax minimization, it's just fiscal tactics.

          Lets say you accumulate 2 months of annual leaves and want to cash out. And your pay is, say 150K. Of course you want to cash out 30k each year to minimize tax to pay instead of cashing out all of them in one year. Do you think it's unethical in this case ?

    • -1

      OP basically does not want all of the headache of maintaining the property while letting his nieces staying for free.

      Then tell them it is theirs, give them all the bills to pay and tell them to look after it.

  • Let it pass with you

  • I think you should keep the apartment and do it via the will as others are suggesting. For their sake.

    Right now as the apartment is yours, conflict is avoided. When they both become co-owners it could lead to conflict and drama. What happens if they bring in a partner and you have the complexity of defacto ownership stress if they break up. Plus they may loose out on other benefits like first home buyers etc. Easier to resolve all this if at the end of the day you own it.

    Once they become older and are established you may wish to do let it go, but depending on their age, careers and goals in life, you could be causing them more problems than its worth. Think about it, if its a source of stress for you, it will obviously be a source of stress for them.

  • +1

    Hi there - tax adviser here. Probably the most obvious question to ask here is what are you trying to achieve by gifting it prior to distributing via your will?

    The points you've raised are valid, even if gifted for nominal value, income tax legislation and likely every state based Duties Act includes a market value substitution rule which will deem a disposal value irrespective if you've sold it for a dollar.

    If you're simply trying to give them exclusive use of the property, and for them to cover the running costs, strike up a lease agreement that all outgoings are covered by the tenants. In addition, you could also grant them a life interest until your passing (this is a CGT event so your adviser would need to consider whether a capital gain occurs).

    The most concessional part of tax law in respect of transferring ownership is through death exemptions. In passing through your will, you can also establish a testamentary trust which will effectively hold the property for your niece's benefit. That can be an effective way of asset protecting, however there are other tax issues to consider with that.

  • -5

    Just pay what you should. After all, those taxes are for future services & benefits of your nieces.

    • +1

      They'd benefit far more if the money was in their own pocket rather than the governments.

      • Of course! If only we all thought that way.

      • Ohhhh a right wing opinion on ozbargain! How unusual! I like it.

  • -1

    The golden rule is always keep them guessing and then leave them nothing. Family be damned.

  • Leave it to them in your will, but to avoid dealing with it now as the owner then grant them an enduring power of attorney for them to act on your behalf in all matters related to the property.

  • -1

    If you have time, and they have not used their first home owner grant, I'd consider changing the Apartment into your main place of residence on paper and waiting a year (you might need to double check if its a year). After that, transfer it to them.

  • Be prepared for them to sell it and blow it all on the pokies and you’re all living under a bridge within months.

    Also

    Would you be interested in buying this bridge I have got on sale?
    Have to clear out to make room for new stock..

  • If somebody gifted me a $485K house, I would be glad to cover all those costs.

    Could you transfer half share if the property to them in this financial year and the second half share in the second financial year? It would spread the CGT over 2 financial years and potential reduce the taxes.

    • Could you transfer half share if the property to them in this financial year and the second half share in the second financial year

      You can't transfer a property share without triggering the same consequences as a sale, including CGT and stamp duty.

      Doing it like this you would also have to pay stamp duty twice!

      • +1

        the amount of duty payable should be the same.

        The CGT split over 2 years may differ depending on your taxable income for each financial year which reduces the overall CGT.

  • Be extra careful in VIC. Hidden taxes everywhere.

    • FTFY
      Be extra careful in VIC. Hidden taxes machetes everywhere.

  • Dying is a very effective, but sometimes impractical, method to get out of a lot of taxes imposed.

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