Transferring or gifting property to a family member can be as simple as submitting a property transfer form, but there are costs involved – even when the property is given as a gift.
Generally, you can not avoid all of the costs involved so it's unlikely you'll be able to gift a house to a family member or relative for free.
The 2 big fees you may be liable to pay are stamp duty on the market value of your property, and potentially capital gains tax (CGT) if it was an investment property.
What is a property title and why does it cost money to transfer it?
A property title is a legal document that holds all the information about a property. It includes details on who owns the land or has a mortgage on it.
When the owner changes, either through gifting or through selling it, the title needs to be legally updated.
Do you have to pay stamp duty on a gifted property?
You have to pay stamp duty on the market value of your property. Even if no money changes hands, the transfer will be considered to have been done based on the property's market value. The government uses this "true" valuation to determine the stamp duty and CGT costs regardless of the discounted selling price.
When transferring a property to a family member, the Australian Tax Office (ATO) says you need to make an effort to get an actual value to estimate from.
"You should obtain a valuation from a professional valuer, or work out the market value yourself using reasonably objective and supportable data," they say. "This can include the price paid for very similar property that was sold at the same time in the same location."
For some examples:
On a property worth $500,000 transferred in QLD, the stamp duty is around $20,000.
On a property worth $600,000 transferred in WA, the stamp duty is around $32,500.
On a property worth $700,000 transferred in VIC, the stamp duty is around $39,000.
On a property worth $800,000 transferred in NSW, the stamp duty is around $31,000.
If the person receiving the gift of the property has not owned a property before, they may be entitled to a discount or waiver on stamp duty.
What if you're gifting part of a property to someone?
Stamp duty is only payable based on how much of the property is being transferred to another person.
One of our readers reached out and asked, "When selling a1/2 of your property to your child, do they pay stamp duty on the full value of the property, or only on the version they are buying?"
The answer is, you only need to pay stamp duty on the part of the property that is changing ownership. In this scenario, if the parents are gifting half of the property to their child, then that recipient would pay stamp duty based on half of the property's value.
Does anything change depending on the state or territory you live in?
Yes. The law around transferring property titles is Australia-wide, but the rules on stamp duty are different in each state and territory.
There are 2 ways you can transfer a property to a family member: gifting and selling.
Gift
You can give ownership of your property to a family member as a gift. No money changes hands in this scenario, but this requires filling out the necessary paperwork with your state revenue office and title office. Your conveyancer may advise you to organise a deed of gift as well. If the property was an investment and not the seller's primary residence, there will likely be CGT costs as well (more on that below).
Sale
You can sell your property to a family member. You will be liable for stamp duty and it will be calculated based on the property's market value, and not the sale price. For instance, Also, if the property is not the seller's main residence (say, if it was an investment property) then capital gains tax will probably apply as well.
What costs will you pay when transferring property to family?
Below are a few examples of fees and charges that may apply when you are transferring or gifting property within your family:
Costs paid by the original owner
Valuation costs. You might need to have the property value determined by a certified valuer before transferring or gifting your property. This is so you know how much to report that you have gained or lost when filing your income taxes. Independent valuations cost between $300 and $900 depending on where the property is.
Legal fees. You should have a conveyancer or solicitor oversee the property transfer and have them draw up contracts or transfer documents with title details, the value and determined price of the property, as well as personal details for both parties. These legal documents can be used in case the validity of the property transfer is ever questioned.
Capital gains tax (CGT). The CGT cost will depend on the amount of capital gain or capital loss resulting from the CGT event. In the event of a capital gain, your total gain amount will be the difference between your capital proceeds and the cost base of your asset. The actual CGT amount you pay depends on your income, as it's added to your income tax for the applicable year. Read more about CGT when selling in our in-depth guide.
Costs paid by the new owner
Stamp duty. Also referred to as stamp duty land tax, this tax is calculated on the value of the property or land that is being transferred or gifted and is represented as a percentage. Some purchases may be exempt from stamp duty, so check with your state or territory office of revenue. Stamp duty is calculated based on the state or territory you're in.
Legal fees. You should have a conveyancer check over everything before signing, and the fees for this can range from a few hundred dollars up to $1,000.
Vanessa and Adnan own a home in NSW. They sell it to their son Al for $500,000, knowing that its true value is actually $900,000. Al pays them $500,000 and Vanessa and Adnan get a professional property valuer to look at the property. The valuer puts the property's market value at $900,000.
Al's costs therefore are:
Sale price: $500,000
Stamp duty (calculated on $900,000 for first home buyers): $20,200
Vanessa and Adnan have used the house as their primary residence for more than 10 years. Therefore they won't have to pay CGT.
* This is a fictional, but realistic, example.
Can you avoid fees and charges when transferring property?
Not entirely. When you gift your property you are still charged stamp duty, even if you sell the property for a small amount to a family member or friend. As the ATO states, the property is calculated at market value if you:
Receive no money for your property
Receive less than the market value for your property; or,
Do not deal at arm's length with the buyer during the sale event
Dealing at arm's length refers to both parties in the sale acting independently and having no "influence or control over each in connection with the transaction".
You might be able to avoid hefty fees when transferring or gifting properties in some select situations and scenarios where CGT and other charges will not apply. Below are some examples of these situations:
If you acquired the asset before 20 September 1985: This date is when CGT came into effect, so any property or assets that were acquired before this date may be exempt from CGT.
If the property being transferred is your home (main residence): If you have been living at the property and have indicated it as your main place of residence (i.e. the address is on your current driver’s licence and you receive mail there) then you may be exempt from CGT when gifting or selling a property to another.
Richard Whitten is a money editor at Finder, and has been covering home loans, property and personal finance for 6+ years. He has written for Yahoo Finance, Money Magazine and Homely; and has appeared on various radio shows nationwide. He holds a Certificate IV in mortgage broking and finance (RG 206), a Tier 1 Generic Knowledge certification and a Tier 2 General Advice Deposit Products (RG 146) certification. See full bio
Richard's expertise
Richard has written 553 Finder guides across topics including:
From supply and demand through to location, facilities and planned infrastructure projects, there are plenty of factors that can influence property value.
can I sell my half of the property to my daughter for $10 and would go down well with center link
Finder
RichardMarch 22, 2023Finder
Unfortunately your daughter would have to pay stamp duty on 50% of the property at the current market value, even if she pays $10 for it.
DinoDecember 5, 2022
My mother left me money to buy daughter and son a home, at the time they would not let me put it in their names , now 8 years later daughter has been living in one and son want to now live in the other, how do I put it in their names without paying so much which I can’t afford, I should have pushed to put it in their names but my mum thought that if they broke up in their relationships they would lose half but they have both stable relationships still
Finder
RichardDecember 21, 2022Finder
Hi Dino,
For an overview of how you can transfer property titles at minimal cost, please see this page.
Thanks,
Richard
sueSeptember 13, 2022
can I gift my house to my children without paying stamp duty.
Finder
RebeccaSeptember 16, 2022Finder
Hi Sue,
You can avoid paying stamp duty when you gift a house when:
– you acquired the asset before 20 September 1985: This date is when CGT came into effect, so any property or assets that were acquired before this date may be exempt from CGT.
– the property being transferred is your main residence: If you have been living at the property and have indicated it as your main place of residence (ie. the address is on your current driver’s license and you receive mail there) then you may be exempt from CGT when gifting or selling a property to another.
Thanks,
Rebecca
PCJune 15, 2022
I own a property with my brother (50%/50%). We have owned it for almost 20 years, and I will soon be moving offshore for work. My brother has lived in the property for most of this time, and I have lived there intermittently. If I was to sell the property to him, I assume he would have to pay stamp duty? Also, would we have to get a valuation re price, or are we ok to sell at a mutually agreed price?
Finder
RichardJune 18, 2022Finder
Hi PC,
If your brother buys your half of the property he will have to pay stamp duty on the market value of the property (50% of it, if buying your half). This is true even if you agree to sell to him at a lower price (which you are allowed to do).
It would be advisable to speak with a conveyancer. They will be able to give you the most accurate assessment of all the costs involved and identify any discounts or exemptions.
I hope this helps.
Regards,
Richard
IanJune 8, 2022
What happens if the parent gifts the property to two of their children and then those children sell the property. Does that mean the children will have to pay capital gains tax?
Finder
RichardJune 16, 2022Finder
Hi Ian,
To avoid capital gains tax on a property you need to live in it as your principal place of residence (your home) for 12 months.
If the children haven’t owned the property for at least 12 months and aren’t living in it, then CGT may apply. You can read our guide on capital gains tax on property for more information about this.
I hope this helps!
Regards,
Richard
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Valuation costs. You might need to have the property value determined by a certified valuer before transferring or gifting your property. This is so you know how much to report that you have gained or lost when filing your income taxes. Independent valuations cost between $300 and $900 depending on where the property is.
can I sell my half of the property to my daughter for $10 and would go down well with center link
Unfortunately your daughter would have to pay stamp duty on 50% of the property at the current market value, even if she pays $10 for it.
My mother left me money to buy daughter and son a home, at the time they would not let me put it in their names , now 8 years later daughter has been living in one and son want to now live in the other, how do I put it in their names without paying so much which I can’t afford, I should have pushed to put it in their names but my mum thought that if they broke up in their relationships they would lose half but they have both stable relationships still
Hi Dino,
For an overview of how you can transfer property titles at minimal cost, please see this page.
Thanks,
Richard
can I gift my house to my children without paying stamp duty.
Hi Sue,
You can avoid paying stamp duty when you gift a house when:
– you acquired the asset before 20 September 1985: This date is when CGT came into effect, so any property or assets that were acquired before this date may be exempt from CGT.
– the property being transferred is your main residence: If you have been living at the property and have indicated it as your main place of residence (ie. the address is on your current driver’s license and you receive mail there) then you may be exempt from CGT when gifting or selling a property to another.
Thanks,
Rebecca
I own a property with my brother (50%/50%). We have owned it for almost 20 years, and I will soon be moving offshore for work. My brother has lived in the property for most of this time, and I have lived there intermittently. If I was to sell the property to him, I assume he would have to pay stamp duty? Also, would we have to get a valuation re price, or are we ok to sell at a mutually agreed price?
Hi PC,
If your brother buys your half of the property he will have to pay stamp duty on the market value of the property (50% of it, if buying your half). This is true even if you agree to sell to him at a lower price (which you are allowed to do).
It would be advisable to speak with a conveyancer. They will be able to give you the most accurate assessment of all the costs involved and identify any discounts or exemptions.
I hope this helps.
Regards,
Richard
What happens if the parent gifts the property to two of their children and then those children sell the property. Does that mean the children will have to pay capital gains tax?
Hi Ian,
To avoid capital gains tax on a property you need to live in it as your principal place of residence (your home) for 12 months.
If the children haven’t owned the property for at least 12 months and aren’t living in it, then CGT may apply. You can read our guide on capital gains tax on property for more information about this.
I hope this helps!
Regards,
Richard