What Do You Need to Know Before Gifting Real Estate?

Are you thinking about the gift of real estate to an individual in your family? Transferring a home or another property to relatives can provide many advantages, but there are some mistakes you’ll want to stay clear of.

Transferring your property to your heirs while you’re alive could avoid your probate procedure. Transfers of property can be part of a plan to protect assets.

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

Can You Give Real Estate as a Gift?

In accordance with Australian law, it is possible to gift real estate to your relative by way of an outright gift. If you give ownership to a third-party, it is not possible to exchange cash. The process of gifting involves the filing of an application for 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 however you need to pay for the expenses, they could purchase the property at a lower cost.

Who should be on the Title for the property gifted to Family Members?

If you buy a house you are issued the certificate of Title. The document defines your rights and obligations as the owner. If you transfer or sell the property it is recorded by the government the change in the title to the property. This official document contains all the details of the property which include:

Ownership
Mortgages
Easements
Covenants
Caveats

After the transfer of the title the family member who you are 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 property can be considered a tax-deductible gift. Based on the type or location and value of the property the new owner might be required to pay:

Stamp duty
Tax on land
Owners of absentees are charged a surcharge
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?

When you decide upon 房产过户, knowing the tax implications is essential.

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 the capital gains tax (CGT) in addition to your income tax calculation in the event of disposing of property. Also the profits from the sale are 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. When the home is gifted and the capital gain is fair market value of the property less the cost of purchase.

If you gift a home, you must ensure that the Australian Taxation Office (ATO) evaluates the tax on capital gains with the market value at the day of transfer. A qualified valuer is able to determine the value of the property using reliable and objective information.

In some instances the property owner can get around CGT on capital gains. You can reduce or eliminate CGT when you transfer:

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

A rental property could be your residence. 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 any transfer even if the property is being given as a gift. Contrary to popular opinion it is not an unintentional payment. Tax law requires that buyers must be liable for stamp duty at the time of all transfers.
Stamp duty is part of the state taxation. For instance, in New South Wales and Queensland it is possible to transfer a stake in a the property to your spouse, without having to pay stamp duty. There is no requirement to pay duty if following the transfer:

Your spouse and you are the sole owners of the home as jointly-tenants
The house is your permanent your permanent residence.

Before you begin this transfer procedure, it’s advisable seek out financial advice to know details about laws that apply to 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 must think about the impact upon their retirement.

Centrelink evaluates the earnings from a sale using the value of the property, not the selling price.

Consider, for instance, that you gift a home with an estimated value of $250,000 to your children. If you decide to sell the house for the sum of $100 Centrelink determines the profits from the sale at $250,000. In this situation you could be unable to collect the pension you earned.

Home Credit

When the home you are transferring is a mortgaged property the new owner must assume the loan. Before beginning this transfer lender that holds the mortgage must accept the new owner.

Costs

In along with taxes, other charges could apply to the transfer of property. There may be a need to pay for an independent appraisal to be used when you file your taxes. There is a chance that you’ll 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 loved one, you should consider any other expenses carefully. Also, you must ensure you are sure that the owner is able to be able to pay for costs, like tax on stamps.