transfer of property nsw

What to consider before transferring real property in NSW

  • Pelagio Palma Jr., BA, LLB, LLM, MBA
  • April 20, 2022
  • EDTIMATED READING TIME: 7 MINS

There are several reasons why transferring real property in NSW is necessary. For example, if your marriage or de facto relationship breaks down and a property is included in the settlement. Or if you’re just starting your marriage or de facto relationship and considering sharing your properties with your loved one. You may also want to gift a property as an inheritance to your child or children, siblings or even friends. Whatever your reason is, understanding the process of transferring real property in NSW can help you to have a successful transaction.

What is transfer of real property?

Before, transferring real property in NSW involves changing the Certificate of Title (CT) from one person to another. The Certificate of Title is a legal document listing the official owner(s) and outlining the boundaries of a parcel of land.

As of 1 July 2019, all property transfers must be lodged electronically via eConveyancing. However, as NSW progressed to 100% electronic lodgement of land transactions, there have been further changes to the land title system. This includes the abolition of Certificate of Titles .

On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 officially commenced. The Act abolished the CTs and the control of the right to deal (CoRD) framework. This means that NSW Land Registry Services (NSW LRS) will no longer issue CTs and all existing CTs are cancelled. Hence, CTs will no longer be required for any property dealings.

Changes in the land title system and eConveyancing requirements should be carefully considered when planning a property transfer. Moreover, while the process is now digital, there are still various documents that you need to prepare before lodging a transfer. Hence, the state government recommends seeking the assistance of a conveyancer when transferring real property in NSW.

How do you transfer real property in NSW?

The process of transferring real property in NSW includes:

  • Downloading and completing the Transfer Form 01T from the Department of Land and Property Information website.
  • Sending the completed transfer form to the Office of State Revenue (OSR) to be noted for stamp duty. 
  • Lodging the following documents at the Land and Property Information (LPI) once you receive the stamped transfer form:
  • Transfer Form
  • Notice of Sale or Transfer of Land to notify local council and service authorities of the change of name
  • Certificate of Title
  • Discharge of Mortgage (if applicable)

While the process of completing a property transfer may seem simple, the legal requirements can be quite daunting. It can also become complex depending on your circumstance and the type of transaction you want to perform.

What are the different reasons for transferring real property in NSW?

1. because of a marriage or relationship breakdown.

Not all marriages have a happy ending . It is also not uncommon for spouses to separate after being together for some time. Property settlements are usually one of the matters that you must go through after finalising your divorce or separation.

If you are making a transfer according to a binding financial agreement , you may seek for an exemption of duty. To apply, you need to complete an exemption form and provide a copy of supporting documents, e.g., binding financial agreement.

Transferring Real Property in nsw

2. Transferring to a company or trust for tax purposes

Some property owners may hold a property on a trust or transfer it into a trust for tax purposes. This may include transferring ownership of a property to your child as a trust fund or holding a property through a superannuation fund.

Trust ownership is when a property is owned by an individual or an organisation, usually to benefit another person. Though not uncommon, this process is quite complex, involves more paperwork, and follows strict rules. Moreover, it can involve tax implications that you also have to consider before proceeding with the transfer.

3. Transferring to a spouse or de facto partner to minimise business risks

Married or de facto couples often add their loved ones into the title of a property they own and become joint tenants. This enables them to hold a 50-50 undivided share.

However, some couples are also looking to change ownership shares in their investment properties. From joint tenants, they can apply to change ownership proportions and become tenants in common. When this happens, one of them will hold more share over the property than the other, e.g., 60-40 variation.

Some couples tend to share ownership of a property or change ownership shares as an asset protection strategy. Doing so provides couples some tax advantages, particularly when starting a business. However, this process can have possible capital gains tax implications and affect your pension entitlements.

Transferring Real Property in nsw

4. As a legal gift or inheritance to family members and friends

Parents who are looking out for their child or children must make plans to help set them up for the future. One of their options is to transfer a property as a legal gift instead of leaving it in their will.

While this process is generally quite simple, an existing mortgage on the property can make it rather complex. The transferor or owner must also consider whether the loan will also be transferred to the transferee or person receiving the property. When this happens, the transferee must also undergo a loan approval process first. Moreover, it can involve tax and other financial implications for the transferor.

5. When an owner of a joint tenancy or tenant in common passed away

When an owner of property under joint tenancy passes away, the property is transferred to the surviving joint tenant automatically. This process takes effect regardless of the deceased owner’s Will regardless of their relationship to each other.

If the deceased owned the property as joint tenant with another person, the ownership will pass to the surviving joint tenant regardless of their relationship to the deceased. A conveyancer must lodge a Notice of Death with NSW LRS to transfer the name on the Torrens Title Register.

However, if the deceased-owner is a tenant in common, the surviving tenant(s) in common may need to apply for a grant of probate or administration. The application for grant of probate or administration must be completed before transferring the property to the remaining tenants in common.

How can VC Lawyers help?

The process for transferring real property in NSW can be quite daunting depending on your circumstances. There are a lot of legal and financial considerations that you must understand and make before deciding to proceed with a transfer. Moreover, the 100% eConveyancing policy requires you to seek assistance from a conveyancer for all available property eDealings .

Whatever your reason is for transferring some of your properties, VC Lawyers can help you have a successful lodgement. Our qualified eConveyancers and experienced Property Lawyers can help you draft and prepare all the required documents. We can also assist you in applying for an exemption or completing the payment of your stamp duty.

Our beautiful relationship with financial professionals also enables us to seek further assistance for your tax and government pension considerations. We also have expert Family Lawyers who can assist you with your binding financial agreement and wills preparation .

We will make sure to understand your circumstance and provide the right legal advice to give you the most favourable outcome. Getting the right legal advice can help you understand the consequences of transferring real property in NSW and avoid liabilities and financial complications.

Talk to us  to find out how we can achieve the most favourable legal outcome of your circumstances.

NB: This blog post is neither a legal advice nor intended to be such, and is only for general information. The same should not also be taken as a financial or commercial advice. The reader must personally consult their professional adviser/s on the contents of this blog post. VC Lawyers is not liable for any loss or damage, direct or consequential, as a result of the reader’s or a third person’s misconstruction of the wordings or use/misuse of the contents of this blog post.

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Transfers of property often occur between family members, children, spouses and friends. While the process of transferring a property differs from selling a house , there are still a number of regulations and laws that must be followed. To help you navigate them, we’ve explained everything you need to know about transferring land or property below. Read on to learn more about transfer of property or speak to one of our conveyancers if you have any questions.

What is a transfer of property?

A transfer of property is when one person, or an entity, transfers the ownership of a property to another person. This can happen between spouses, de facto couples, parents and children, family members, as well as friends. Property transfers can occur for a number of reasons, including marriage, divorce or death.

How to transfer a property

When transferring property, there are slight differences depending on the relationship of those involved.

Transfer of property to include spouses/de facto partners

If one person owns a home and is marrying or involved in a de facto relationship, they may want to transfer part ownership of a piece of property to their new spouse or long-time partner. To do so, the owner of the property must fill in a Transfer of Whole of Registered Title application. Once this is completed and filed, the spouse or partner’s name will be added to the title register.

Transfer of property between spouses due to divorce/separation

If spouses or de facto partners owned a home together and are going their separate ways, it may be necessary to remove either the spouse or the partner from the title register for a jointly owned piece of property. To do this, the couple must engage the assistance of a conveyancer or family lawyer .

Transfer of property from parents to children in Australia

If a parent wants to transfer property to their children, they can do so via a gift. In this instance, the transfer must occur by use of a   TR1 (transfer deed) and must be sent to the Land Registry along with an AP1 (application to change the register) form. Again, it is recommended the parties use a conveyancer or a property lawyer because if they do not, they will need to file an additional form, the ID1 (certificate of identity for private individuals ) .

How much does it cost to transfer ownership of a house?

If the transfer of the ownership of the house is a gift, then no money needs to pass between the grantor and the grantee.

However, under some circumstances in NSW you will need to calculate the transfer duty (stamp duty). This can be done by using a transfer duty calculator . The cost of the family property transfer is dependent upon the date of the actual transfer, so it is important to have an up to date knowledge of the current house transfer rate. In addition, the transfer rate will be dependent upon the sale price of the property or the current market value, whichever is greater.

Related information: costs of selling a house

Can you transfer property without a solicitor?

Yes, you can transfer property without a solicitor. But it is wise to use a professional for these matters as there are several types of forms that must be properly completed and filed before the transaction can be completed.

Speak to the experienced property lawyers at Owen Hodge

If you need any assistance with matters relating to the transfer of property, Owen Hodge is here to help. Our experienced team of conveyancing lawyers are always happy to assist clients in understanding the full ramifications of transferring properties and any other conveyancing matters.

Please feel free to contact us at your earliest convenience to schedule a consultation at 1800 780 770.

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Transfer of property FAQs

If you’re looking to transfer property between family members in Australia, you will need to transfer the title over to the elected person. In order to do this you will need to draw up a document known as a gift deed. For more legal advice, please contact our experienced property lawyers. 

If you transfer property to a family member for less than the property’s worth, then you will be subjected to capital gains tax (CGT), which is based on the market value of the property.

For more information: Transferring property to family members or friends

This will depend on the insurance policy of your current provider. You may need to directly contact them for more information.

Related blog posts:

Can a minor own property in australia, should you buy property with a friend, partner or family member we look at all your options, stamp duty exemptions in family law property settlements.

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Transfer of Property and Stamp Duties In NSW

Transfer of property in NSW refers to the action of changing the legal ownership of a property title. There are a myriad of documents and regulations to consider when going through this process. It’s imperative to understand these or get the help to get it right.

Why transfer property?

You may want to transfer a property for a number of reasons. If a relationship has failed and you’re separating or getting divorced, transferring property may be a part of that settlement. You may be fortunate enough to have the means to gift property to somebody, like your children, requiring a transfer of property. If one person in a shared ownership passes away, the property must be transferred to the remaining owner(s). If you’re entering a marital or de facto relationship you may want shared ownership of a property. In this case it may also be wise to enter into a binding financial agreement (BFA) to determine property ownership should the relationship end.

How do you transfer property?

The state government recommends that people seek legal advice from a solicitor when dealing with a transfer of property. In NSW, to transfer ownership of a property a Transfer Form 01T must be completed and lodged with the NSW Land Registry Services (formerly the LPI), which does incur a fee. You will also need to provide the title for the title being transferred.

Transfer Duty

More commonly known as stamp duty, transfer duty is a tax payable to the state government whenever there is a transfer of property. The duty is payable by the transferee, the person (or people) receiving ownership of the property. Transfer duty is payable on the date of the sale, or on a date that a contract specifies transfer. The amount of transfer duty is determined by the value of the property. It is important to get a valuation of your property from a registered valuer. If a part ownership is being transferred, then transfer duty is only calculated based on the transferee’s share of ownership. In NSW a purchaser/transferee declaration (ODA 076) must be completed. You may be eligible for exemptions to transfer duty if you are transferring from a deceased estate, entering a marital or de facto relationship or getting divorced. To claim the exemption, you’ll have to provide proof of the circumstance and submit additional forms.

For whatever reason you are transferring property, it’s important to get documents, contracts, valuation and transfer duty right so that you don’t leave yourself open to ownership dispute or tax issues. CM Lawyers have a property law team that can make sure everything is done correctly for you. Contact us to discuss property transfer.

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1. Download and complete the Transfer form from the Department of Land and Property Information website.

2. Send the completed Transfer to the Office of State Revenue (OSR) to be noted for stamp duty.

If you are seeking an exemption of duty, for example, for a transfer being made pursuant to a binding Financial Agreement or for transfer of the matrimonial home, you may need to complete an exemption form and provide a copy of supporting documentation, such as your Financial Agreement or marriage certificate.

3. Lodge the following documents at the Land and Property Information (LPI) once the stamped Transfer has been returned to you from the OSR:-

  • Transfer Form;
  • Notice of Sale or Transfer of Land (a form which is used to notify local council and service authorities of the change of name);
  • Certificate of Title;
  • Discharge of Mortgage (if applicable).

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For more information about application forms, fees and requirements of the LPI, click here or telephone 1300 052 637.

For more information about application forms, fees and requirements of the Office of State Revenue, click here or telephone (02) 9689 6200.

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* This information is subject to change and is for your general information only.  It is not to be constituted as legal advice.  We cannot take any responsibility in regard to any transaction made.

For more detailed information, contact the Land Titles Office or Office of State Revenue in your state directly about their requirements, forms and fees when transferring land.

Transfer Duty NSW | Ultimate Transfer Duty Guide in 2023

transfer of property nsw

Transfer duty (previously known as stamp duty) payable on a new home is a significant cost to factor into your buying budget. But it can also be a source of confusion for home buyers. In this article we explain what transfer duty is, how it’s calculated, concessions and exemptions, and how it applies to off the plan apartments in NSW.

What does off the plan mean?

Buying off the plan means committing to buy a property, usually an apartment, that’s still in the planning stages or partially constructed. It’s an option that can offer considerable advantages especially when it comes to transfer duty.

What is transfer duty?

This is a tax imposed by the NSW government on certain transactions, including the purchase of property. If you thinking of buying off the plan, understanding transfer duty can help you budget more effectively for your new home or investment property.

How is transfer duty calculated?

Transfer duty typically applies when a property is transferred from one owner to another.

In NSW, the duty is calculated based on the value of the property being transferred, which is typically the agreed selling price. The more you pay for a property, the higher the transfer duty payable.

When purchasing off the plan, transfer duty is calculated based on the contract price, which is the price agreed upon between the buyer and the developer. This might be different from the market value of the property, which is the amount that the property would be expected to sell for on the open market.

How transfer duty applies to residential property in NSW

The transfer duty rate imposed on off the plan purchases is the same as for other types of residential property transactions.

The current rates of transfer duty in NSW (effective 1 July 2023) are as follows: [1]

[1] Source: Revenue NSW

How much transfer duty will I pay?

As a guide an apartment worth $650,000 would attract transfer duty of $23,985. On an apartment costing $800,000, this rises to $30, 735. And if you pay, $990,00 for an apartment, the duty can add up to $39,285.[2]

But these rates don’t always apply if you are a first-home buyer. Various concessions and exemptions to transfer duty are now available in NSW. For example one-bedroom apartments at Carson on the Park, ALAND’s development in St Mary’s, are priced at $495,000 – well under the $800,000 exemption ceiling set by the state government.

Many first home buyers have taken advantage of this transfer duty holiday at St Mary’s which has delivered them a $17,340 saving on a one-bedroom apartment.

To see what you might qualify for download the information brochure  here.

[2] Source: NSW Government Media Release

Transfer duty rules for off the plan purchases

In NSW, if you buy a home off the plan which you intend to use as your main residence, you can defer paying transfer duty for up to 12 months after you sign the agreement to buy, or until the property is completed or handed over, whichever comes first. This gives you extra time to save for any duty that may apply to your purchase.

Property value and thresholds

The tables below show the First Home Buyer Assistance Scheme (FHBAS) thresholds based on the date you exchanged contracts.

Apartments or houses purchased onn or after 1 July 2023:

NSW government changes to transfer duty

The NSW Labor Government lifted the threshold for transfer duty exemptions for first home buyers from $650,000 to $800,000 and transfer duty concessions from $800,000 to $1 million, effective from July 1, 2023. This means more first home buyers save on the duty payable on a property.

According to NSW Premier Chris Minn s around 84% of future first-home buyers in the state will benefit from the new arrangements – replacing the old First Home Buyer Choice scheme.

“I want more singles, couples and families realising this dream [of home ownership],” he said.[3]

[3] Source: yourmortgage.com.au

What is an ‘eligible’ first home buyer?

In NSW, transfer duty concessions are offered under the First Home Buyer Assistance Scheme (FHBAS).

To qualify as an eligible first home buyer and be entitled to a transfer duty exemption or savings under the scheme, you must be purchasing the first home you or your spouse have owned or co-owned in Australia, although there are some exceptions.

You must also move into the property within 12 months of purchase and live there for at least twelve continuous months. In addition, you must be an Australian citizen or a permanent resident of Australia and be at least 18 years of age.

Strategies to minimise transfer duty

As transfer duty can be a major purchase cost, it is worth exploring opportunities to reduce the impost. Here’s how it can be done.

Reduce the value of the property

The less you pay for a property, the lower the transfer duty. The duty is paid on the value of the land and building at the date of the contract of sale. If construction is yet to commence – as in the case of an off the plan property – the dutiable value can be less than if it was a fully finished building.

Capital Gains Tax / Land tax

Applicable to investment properties, capital gains tax can apply when you sell an asset such as property for more than its cost price. However, if you hold the asset for more than a year, you may be entitled to claim a 50% discount on the profit on sale for tax purposes.

Importantly, capital gains tax does not apply to your personal home . [4]

Similarly, in NSW, land tax is not charged on your private home though it does apply to investment properties.

[4] Source: Australian Taxation Office

When is transfer duty payable?

In NSW, if you buy a home off the plan, which you intend to use as your permanent residence, you can defer paying the standard transfer duty for up to 12 months after you sign the agreement to buy, or until the property is completed or handed over, whichever comes first.

As an investor, duty is payable within three months from signing the contract of sale.

Other fees and charges associated with off the plan purchases

As with buying an established property, buying off the plan can come with other costs. These typically include legal or conveyancing fees, and loan application fees if you need to finance the purchase.

Transfer duty is an important cost to consider when purchasing off the plan properties.

Understanding the rules and calculations for transfer duty can help you budget more effectively and ensure you are not caught off guard by unexpected costs.

If you are considering an off the plan purchase in NSW, it is important to work with an experienced conveyancer or solicitor who can guide you through the process and help you to understand your rights and obligations as a buyer.

To find out more information about transfer duty when buying off the plan, get in touch with the team at ALAND .  With the right advice and support, you can discuss your options to make a confident and informed decision about your off the plan property purchase.

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Form  01T  (PDF 98 KB)

Dealing type -  T

For a transfer:

  • where the property is transferred for  other than a sum of money (e.g. pursuant to an order of the Family Court) - use form 01TWC
  • for the sole purpose of altering the tenancy of all the registered proprietors from joint tenants to tenants in common in equal shares or from tenants in common in equal shares to joint tenants - use form 01JT
  • by fewer than all the registered proprietors to themselves for the sole purpose of   severing their joint tenancy  - use form 01TJ
  • of a joint tenant's interest to a person other than the existing joint tenants, or a transfer of a joint tenant's interest to one or more joint tenants but not to all joint tenants – use form 01JI
  • of a timeshare - use form 01TF
  • of an estate in remainder - use form 01TK ( Note   If  creating an estate for life and an estate in remainder, use this form, i.e. form 01T)
  • of  minerals or coal from a title  - use form 01TQ.

Stamp duty - required. The number of title references as indicated by Revenue NSW must agree with Note (A).

Any alteration to the title reference, tenancy, interest/share, consideration, or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party, or an alteration of the estate from fee simple to leasehold, may be ignored. The addition of a name must be marked.

Not required for a transfer:

  • creating a life estate where the transferor is a party to the life estate
  • to the Greek Orthodox Archdiocese of Australia Consolidated Trust from a person who holds land on behalf of a Greek orthodox parish or congregation (see s21A Greek Orthodox Archdiocese Of Australia Consolidated Trust Act 1994 ): a statutory declaration is required to show how the land is held by the transferor.

NOS form  - required. Panels 1, 2, 3, 4 and 5 require completion. Note  Where a transfer of part being road and a Note (NB) on the title refers to a DP for the purposes of the Roads Act 1993 , the property address on the NOS form must recite the new lot and DP number, not the street number.

Standard form of Caveat  - prevents registration.

Priority Notice noted on the Register  - see  Priority Notice  page.

Minister's consent may be required for certain Crown land tenures and Crown land Real Property Act leases. NOTE: Standalone Transfers signed on or after the 1st of July 2018 or as part of the mainstream dealings signed on or after 1 July 2019 must be lodged electronically using an Electronic Lodgment Network (see Conveyancing Rules 8.5, 8.7).   Where a transfer is excluded from electronic lodgment or circumstances allow the Registrar General to waive electronic lodgment under Conveyancing Rule 8.2, 8.7, the incoming transfer must be accompanied with the Conveyancing Rules Exceptions form indicating the exemption. The Conveyancing Rules Exceptions form  will be scanned with the dealing.

Also see information on a transfer involving:

  • an Aboriginal Association, Corporation, or NSW/Local Aboriginal Land Council
  • by way of discharge of mortgage
  • Perpetual leasehold estate
  • intestacy or will, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [560.450]
  • a leasehold folio
  • a life estate
  • a power of appointment, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [416.100]
  • a Registrar General's caveat recorded on the Register
  • a rescission of a resumption of non Real Property Act land
  • a  severance of a joint tenancy  
  • by a joint tenant
  • share folios , see Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [12.40]
  • a  statutory easement in gross or
  • no consideration , see Greg Stilianou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [12.60] - [12.80].

A transfer exempt from payment of the lodgment fee must state the legislative basis for exemption either on the dealing or in an attached letter. The following legislation contains a fee exemption for a transfer:

  • s10 Financial Corporations (Transfer of Assets and Liabilities) Act 1993
  • s31 Freight Rail Corporation (Sale) Act 2001
  • s40 Roads Act 1993
  • s196(2) Roads Act 1993 , and
  • s21 University of New England Act 1993 .

The dealing must not include any reference to the transferor or transferee being a trustee, executor or administrator for another party.

Where a notification on the Register refers to:

  • a restriction on Crown land
  • s17(1)(a) Darling Harbour Authority Act 1984 , and the transfer is to or by a person other than the Sydney Harbour Foreshore Authority, the restriction must be removed by or be consented to by the Sydney Harbour Foreshore Authority prior to lodgment
  • s3 Housing Agreement Act 1973 or s14A Housing Act 1976 , the restriction must be removed by or consented to or the transferor must be the Department of Housing prior to lodgment
  • Cl 30(2) Sch 2  Environmental Planning and Assessment Act 1979 , the restriction must be removed by or be consented to by the Minister administering the Act prior to lodgment
  • s24 Housing Act 2001 must be removed by or consented to or the transferor must be the Department of Housing prior to lodgment.

(A) The reference to title for the land being transferred must be stated.

A transfer that attempts to dispose of part of the land in a multiple ownership folio, e.g. 'as regards the part formerly comprised in ...', and does not resolve or attempt to resolve the multiple ownership , may contravene s23F and s23G Conveyancing Act 1919 .

Reference to ad medium filum (middle of the river) in the land description will be ignored.

(C) The full name of the transferor must be stated (and in the case of a corporation must include its ACN) and must be identical to the name of the registered proprietor as shown on the Register.

A transfer by:

  • a company under administration must be drawn in the name of the company and the name must be followed by the words 'under administration'
  • a company in liquidation must be drawn in the name of the company and the name must be followed by the words 'in liquidation'
  • a company in receivership must be drawn in the name of the company and the name must be followed by the words 'in receivership'.

For a transfer by the Owners Corporation of common property in a Strata scheme, see s33 Strata Schemes Development Act 2015. Refer to SM99, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [535.600].

For a transfer by the Association of Association property in a Community Title scheme, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [68.150f.].

A transfer pursuant to an Order of the Family Court of Australia must be drawn in the name of the relevant registered proprietor as transferor, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [395.250].

(D) The consideration is optional. Where shown, consideration stated must agree with the purchase price stated in the NOS form. If it is intended not to show the value of the consideration on the transfer form, marginal note (D) should refer to where consideration is shown, e.g. 'see contract dated 1/1/2000' or 'see NOS form'.

(E) If other than an estate in fee simple is being transferred, the words 'fee simple' must be deleted and the appropriate estate inserted. If more than one type of estate is being transferred, the particular estate of the references to title at Note (A) must be indicated.

A transfer may create a life estate and estate in remainder. The type of estate to be held by the transferee must be stated, e.g. by using defining words such as 'for life', 'for the term of his/her life', 'for an estate in remainder' etc.

A transfer severing minerals from the title must use the operative word 'excepting'. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [345.400].

A transfer may except physical objects, e.g. a transfer by the Water Board excepting 'watermains, sewers, manholes and other appurtenances'.

(F) The share being transferred must be stated. Only complete if less than the whole of the transferors interest or share is being transferred.

(G) A writ must be noted in the Encumbrances, or the Court must consent to the transfer, or the writ must be removed.

(H) The full name of the transferee must be stated (and in the case of a corporation must include its ACN).

A transfer to a statutory authority that is not a State owned corporation must be drawn in the name of Her Majesty Queen Elizabeth the Second on behalf of the responsible Minister. The transfer will be registered to show 'Her Majesty Queen Elizabeth the Second ([name of the relevant department or authority])' in the First Schedule, e.g. 'Her Majesty Queen Elizabeth the Second (State Rail Authority)'.  No notifications, except for those listed , will be removed from the Second Schedule.  Note   This does not make the land Crown land for the purposes of the Crown Lands Act 1989 .

See transfer to a lessee, mortgagee or chargee  page.

A transfer by direction, ie. intervening parties between the transferor and the transferee, must state the full name of the transferee.  The full names of the intervening parties may also be shown either on an annexure or at Note (C). See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [549.500].

A transfer of whole to Roads and Maritime Services must be accompanied by a letter advising:

  • whether the land is required for road purposes or not; and
  • if the title is to issue or not.

Whenever the abovementioned letter is not lodged with a transfer of whole to Roads and Maritime Services a requisition must be raised.

Where the transfer is for road purposes, enter additional notification code LRP.

Where a title has been furnished and will not re-issue, a 'NB' notification should be entered on the folio of the Register viz: 'Edition .............. produced and destroyed'.

If the transfer to Roads and Maritime Services is for part submit to SM99.

An expired lease with an option to purchase will be removed from the Torrens Title Register on registration of:

  • a transfer to the lessees, or
  • any other dealing accompanied by a statutory declaration by the lessee, lessor or the lessor's solicitor stating that the option was not exercised.

Where a current lease with an option to purchase is noted on the Torrens Title Register, a transfer to parties other than the lessees must be accompanied by a statutory declaration by the lessee, lessor or the lessor's solicitor stating that the option was not exercised.

Where, as a result of the registration of a transfer, the proprietor of the estate and of a registered interest is one and the same person, the interest is not automatically removed. A 28 day notice must be sent inviting the lodgement of a Request (form 11R) to merge the fee simple and the registered interest.

If the estate and registered interest are not merged, the registered interest will remain on title.

(I) Tenancy/shares must be stated where there is more than one transferee.

(J) The dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

A transfer by a company under administration, in liquidation or in receivership must be executed by the administrator, liquidator or receiver and the capacity must be stated. The dealing may be signed under the seal of the company and no witness is required, or signed without the seal and the execution must be witnessed.

A transfer may be executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) where the transferor is a deregistered company.

For a transfer executed by a trustee not vested for a debtor pursuant to s188 Bankruptcy Act 1966 , see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [30.900].

Where the transferor or transferee is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23  (PDF 128 KB). The following certificates are also required:

  • Strata Schemes Approved Form 13   (PDF 23 KB) and
  • Strata Schemes Approved Form 10   (PDF 8 KB)  where the initial period is not shown as expired on the common property title.

Note: Approved form 13 is not required where the owners corporation disposes or otherwise deals with any lot vested in the owners corporation as a result of a subdivision effected under s.13 of the Strata Schemes Development Act 2015.

Where the transferor or transferee is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes  Approved Form 18 . A certificate as in Community Title Schemes Approved Form 21 is also required.

See  execution requirements for companies, witnesses etc pages.

(K) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.

Staff processing information

If in order proceed with registration except for the following.

Refer to DRD2 (before acceptance for lodgment)

Where the transfer attempts to dispose of part of the land in a multiple ownership folio.

Refer to SD31

  • involving Crown land
  • involving an Aboriginal Association, Corporation, or NSW/Local Aboriginal Land Council
  • Where the notification code RCP is noted on the Register (the notification will include 'Restrictions on Dealings and Subdivision'). Note:   The transfer must not be registered until the notification is removed.

Refer to SD52

A transfer:

  • where a joint tenant transfers their interest to a person other than the existing joint tenant.
  • where a joint tenant transfers their interest to one or more joint tenants but not to all joint tenants.

Refer to SM99

Where the transfer:

  • affects part of the land
  • involves consolidation of share folios
  • excepts physical objects, minerals, mines, surface or sub-surface
  • refers to s40 Roads Act 1993
  • is to Roads and Maritime Services and a Note (NB) refers to a plan of acquisition or Government Gazette notice
  • affects a folio of the register with a proposed acquisition notification and the transfer is to the acquiring authority
  • affects a folio of the Register with a notification referring to a drainage reserve, public garden and recreation space, ie a public reserve, or temporary road
  • affects a folio of the Register with a Registrar General's caveat K200000R noted on it.
  • affects an owners corporation of a strata scheme as transferor or transferee

Refer to Legal through the Senior Examining Officer

  • by a Local Council of a public place, cemetery, or land that is subject to a trust
  • by the transferor's attorney for a nominal sum or no consideration
  • from a company for a nominal sum or no consideration
  • to the transferor's attorney
  • in favour of a company in liquidation
  • where there is doubt as to the corporate status of the transferee.
  • involving a recission of a resumption of non Real Property Act land, then refer to SM99

Registration procedure

CODE (name)    P, C or Q  [name of transferee; include all current registered proprietors]

TENANCY    S, J2 etc, T etc.

Transfer to Roads and Maritime Services for road purposes

ADD. TRANSACTION     ON

PRIME CODE     LRP

Where the title has been furnished and will not re-issue

PRIME CODE     NB

DETAILS  ‘Edition [Edition number] produced and destroyed’.

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E&A Lawyers

Stamp duty exemptions when transferring property to include a partner or spouse

Monday June 21, 2021

Download as PDF

Things you need to consider when adding your partner to your property title.

If you own property in NSW in only your name, it may be possible to add your spouse or partner to the title of the property without incurring stamp duty. This blog looks at how to transfer a property title between family members in NSW and is intended to explore some of the important considerations before you proceed further with adding your partner to the title, including:

  • stamp duty exemptions;
  • transfer of ownership to either joint tenants or tenants in common; and
  • the implications of any mortgage on the property.

There are a number of reasons someone in a relationship may own property in their own name only:

  • It was purchased before you met your spouse;
  • You received it as a gift from an estate;
  • You intentionally purchased it in only one name for wealth protection purposes that are no longer relevant for you; or
  • any other reason.

Whatever the reason, before you add another property owner to the Title, it’s important to understand the various implications.

Stamp duty on transfer of property

Stamp duty ordinarily applies to the transfer of an interest in a property, even where the transfer is between family members unless you qualify for an exemption or concession. 

The stamp duty payable is calculated on the market value of the interest that you are transferring. For example, if you are transferring a half interest in a property valued at $2,000,000, the stamp duty payable is calculated on a purchase price of $1,000,000. 

You can estimate the stamp duty payable using this Revenue NSW stamp duty calculator .

A common question to follow is, “Is stamp duty payable on transfer of property between family members?”

Stamp duty exemptions in NSW when transferring to a partner or spouse

A stamp duty exemption applies, and no stamp duty is payable, for the transfer of a property between couples who are married or in a de-facto relationship if the following conditions apply:

  • The property being transferred is the family home at the time of the transfer, i.e. it is the couple's principal place of residence;
  • The property is used only for residential purposes; and
  • The property will be held in equal shares by the couple following the transfer (see below for the options with respect to this).

The exemption also applies to vacant land where a home that will become the principal place of residence of the couple will be, or is in the process of being, erected.

While the definition of 'de-facto' is flexible in other areas of law, for this stamp duty exemption to apply, the couple must have lived together for a minimum of 2 years before the transfer.

If the property is used for mixed purposes, for example, the property is a family home but part of the home is used for commercial purposes that you claim a tax deduction for, then you may receive a stamp duty concession (instead of an exemption). 

This would mean that the stamp duty is exempt for the part of the property that is used for residential purposes, but full stamp duty is payable for the part of the property that is used for non-residential purposes. Additional considerations would apply to this situation that are not covered in this blog. You can contact us for further information about commercial use considerations: 02 9997 2111

Transfer of property between family members, specifically spouses and partners

The transfer of an interest in property must be registered with the NSW Land Registry Services. When transferring an interest in property that is in your name only, to include your partner or spouse, the transfer must provide that you own the property either as “joint tenants”, or as “tenants in common” in equal shares. 

Joint tenants vs tenants in common

1. joint tenants.

The couple would both own the whole property jointly, and if either individual passed away, then the ownership would pass to the survivor automatically. The interest in the property would not be dealt with under the Will , of the first party todie. Consequently, a Grant of Probate would not be required to arrange for the property to be transferred to the survivor upon the death of one of the joint tenants. This is the most common ownership for married couples or long-term de-facto couples provided it correlates with their intentions under their Will.

2. Tenants in common in equal shares

the couple would each own 50% of the property and if either individual passed away, then their share of the property would be dealt with under their Will. It would not automatically pass to the survivor.

Your lawyer or conveyancer will be able to assist in registering the transfer through PEXA; the online platform for property transfers.

Standard NSW Land Registry Services registration fees would apply.

Transferring property that has a mortgage

For the transfer to be registered with NSW Land Registry Services, the Certificate of Title will be required. If you have a mortgage on the title, then the bank/mortgagee would need to consent to the proposed transfer and produce the Certificate of Title for registration.

If a mortgage was obtained by one of the partners when they originally acquired the property in their sole name, then it is likely that they were also the sole mortgagor. The bank/mortgagee would require that your spouse who is coming onto the title is also subject to the mortgage. Each bank/mortgagee has a different process with respect to this, and you should speak to your broker or contact at the bank regarding their requirements.

As your bank/mortgagee may impose several requirements, it can be preferable to arrange for this transfer to a partner either:

  • at the time of a re-finance with the same or a different mortgagee; or
  • following a discharge of mortgage.

Otherwise, if after discussing the mortgagee's requirements with your broker or bank representative it is not overly onerous on you or your partner, then you may wish to simply proceed with the transfer. There is often a production fee payable to the bank/mortgagee before they will produce the Certificate of Title for registration of your transfer.

Get help from a property lawyer

Ownership of a property can be transferred from a sole name to be held jointly with a partner without paying stamp duty if you meet certain requirements. To ensure that you meet all of the requirements before attempting the transfer, advice from a properly qualified practitioner should be obtained. 

Contacting E&A Lawyers

For more information or to arrange a consultation with a lawyer, you can call or email us.

📞   02 9997 2111

📧   [email protected]

Find this blog useful or interesting?

You may also like to read:

  • Do you need a property co-ownership agreement?
  • Buying or selling property in NSW – when to involve your lawyer

This article is of a general nature and should not be relied upon as legal advice. If you require further information, advice or assistance for your specific circumstances, please contact E&A Lawyers .

Get in touch with the author: Christopher Alfonso

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How can I transfer property without selling it?

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By Ursula Hogben Board Advisor

Updated on March 25, 2019 Reading time: 5 minutes

This article meets our strict editorial principles. Our lawyers, experienced writers and legally trained editorial team put every effort into ensuring the information published on our website is accurate. We encourage you to seek independent legal advice. Learn more .

Transferring title on a property without selling it is actually a simple and very common process, which may happen for a variety of reasons such as asset protection when starting a business, division or transfer of assets upon marriage breakdown, or the gifting of property to children.

When you transfer property it is certainly a less complex process than buying or selling a property as you don’t have to worry about drawing up a contract of sale. However, just as when you are buying or selling property, when transferring legal title you will need the help of a lawyer or conveyancer to manage the relevant legal documents, help you to avoid common mistakes and provide you with necessary information such as whether or not stamp duty is owed on the transfer. If you want to transfer property into a company or trust this can be a more complex process.

When you transfer property what you are essentially doing is transferring an ‘interest’ in that property which will be recorded on the Torrens Register (in NSW). To do this, you will need to fill out Transfer Form 01T on the Land and Property Information website (NSW only).

If you are transferring the property as a gift, then you will fill out and sign a gift deed , which allows you to gift your assets or transfer ownership without any exchange of money. This is irrevocable and you cannot take back what you have gifted to another. For more information on gift deeds see our article .

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NSW Stamp Duty Calculator 2023: Property Transfer Duty

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Stamp Duty Calculator NSW

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What Is Stamp Duty?

Stamp duty, also known as transfer duty, is a one-off government fee paid by the purchaser of a property in New South Wales (NSW) .

You must pay stamp duty in NSW when you buy:

  • a home or holiday home
  • an investment property
  • vacant land or a farming property
  • commercial or industrial properties
  • a business, that includes land.

How Much Is Stamp Duty In NSW?

Stamp duty is generally calculated on the market value of the property. So the higher the property value, the more expensive the stamp duty.

The stamp duty (transfer) rates for NSW as of January 2023 are as follows:

Source: NSW State Revenue Office

Give us a call on 1300 889 743 or complete our free online assessment form to speak with one of our mortgage brokers.

Stamp Duty NSW Exemptions

When is the stamp duty exempted in nsw.

In some circumstances, you can avoid paying stamp duty. You may be exempted or discounted:

  • When you are a beneficiary of a deceased estate
  • When the transfer is between members of a married or de facto couple.

Are There Any Stamp Duty Exemptions For First Home Buyers In NSW?

Yes, there is. Under the NSW’s First Home Buyers Assistance scheme, there is stamp duty exemption for first-home buyers.

Starting July 1, 2023, the following duty exemptions and concessional rates will be in effect:

For New or Existing Homes:

  • Full exemption from transfer duty for homes valued up to $800,000.
  • Concessional rates available for homes valued over $800,000 but less than $1,000,000.

For Vacant Land with Intent to Build:

  • Full exemption for land valued up to $350,000.
  • Concessional rates apply for land valued over $350,000 but less than $450,000.

Unlike the First Home Owners Grant (FHOG) in NSW, the stamp duty exemption/concession applies to all property types, and is not limited to only new or off-the-plan properties.

Please read our guide for a full list of government grants and schemes available for first home buyers.

NSW Stamp Duty For First Home Buyers

Savings from stamp duty exemption and concession for buying a property up to  million in NSW are shown side by side

NSW’s Stamp Duty Reform Bill Passed

NSW government increased the threshold for stamp duty exemption for first home buyers from $650,000 to $800,000 for newly built homes and from $350,000 to $400,000 for vacant land.

This is a temporary change applicable for 12 months starting from 1 August 2020.

NSW to phase out stamp duty

The New South Wales government is proposing to abolish stamp duty as part of its 2020-21 budget announcement on 17 November 2020.

Instead of paying stamp duty upfront, it would be replaced by an annual property tax. Property buyers will be given an option to either pay stamp duty upfront or pay a smaller annual property tax.

Eligible first-home buyers who signed a purchase contract on or after 16 January 2023 have the option of choosing between the upfront stamp tax and the annual tax . Those who signed from 12 November 2022 will have to pay the upfront stamp duty within their designated timeframe, but they will be able to apply for a refund from 16 January 2023, after which they will have to pay the annual tax.

Stamp duty exemption: 2019/20 NSW bushfire duty relief scheme

This NSW scheme is aimed at helping homeowners whose homes were destroyed during the 2019/2020 NSW bushfires, and who choose to purchase a replacement property elsewhere rather than rebuild.

People who meet the requirements for receiving this assistance will either:

  • not have to pay duty
  • pay a reduced amount of duty, or
  • receive a refund of all (or some) of duty paid.

For more information, please refer to the NSW OSR’s website here .

How To Calculate NSW Stamp Duty On Vacant Land

To calculate the stamp duty on land in NSW, simply enter the land value in our calculator, and choose vacant land to get the stamp duty payable.

The duty payable is calculated the same way as a standard house or unit.

However, please note that for land bigger than 2 hectares, a premium transfer rate and a different method of calculation applies.

Also, first-home buyers purchasing vacant land to build their home will pay no duty at all if the land’s value is $350,000 or less.

Vacant land valued above $400,000 but below $450,000 will be charged at a discounted/concessional rate.

What Is The Stamp Duty Surcharge For Foreign Investors?

In addition to the standard transfer (stamp) duty, foreigners must also pay an 8% surcharge on the value of the residential land they buy in NSW.

For property purchased in New South Wales, a 2% land tax surcharge also applies.

The exception to this surcharge is if you’re on a subclass 444 visa or a permanent resident who has lived in Australia for more than 200 days in the 12 months before the purchase date. For the specific countries refer to the highlight below.

NSW Surcharge Purchaser Duty Exemptions and Refunds for Foreign Buyers In 2023

Buyers from the following countries are now exempt from paying surcharge purchaser duty in NSW:

  • New Zealand
  • South Africa
  • Switzerland

The change is immediate, due to international tax agreements. Revenue NSW will reach out to customers eligible for refunds due to paying the surcharge purchaser duty on or after 1 July 2021.

Visit the official NSW Government website for more information.

FAQs: Stamp Duty NSW

Who pays the stamp duty in nsw.

The purchaser of the property pays the stamp duty in NSW. The purchase becomes liable for the stamp duty once the sale or transfer takes place.

Your conveyancer or solicitor lodges an application on your behalf. They’ll also arrange for the duty to be paid. This is typically done as part of the settlement process. They’ll also know if you are entitled to any exemptions or concessions.

Who Is The Stamp Duty Payable To In NSW?

In NSW, the stamp duty is payable to the Office of State Revenue.

If you’re not using a solicitor or conveyancer, you must lodge an application and pay the duty yourself using BPAY or an electronic fund transfer (EFT).

When Do You Pay Stamp Duty In NSW?

Typically, transfer or stamp duty is paid with other funds transferred at the time of the property settlement.

Otherwise, stamp duty must be paid within three months of the date of exchange as shown on the contract to avoid interest charges.

When Do You Pay Stamp Duty On An Off-the-plan Purchase?

Home buyers purchasing an off-the-plan property to live in, i.e. not an investment property in NSW, have the option to defer paying their stamp duty up to 12 months after they’ve signed the agreement, or until the property is completed or handed over, whichever comes first.

This is aimed at helping owner-occupiers manage the cost of buying a newly built property.

What If I Buy A Property Below Value?

In most cases, you will need to obtain a stamp duty valuation and pay stamp duty on the value as opposed to the purchase price.

This is common when someone buys a property from their family and is given a discount.

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A Comprehensive Guide to Transferring Property to a Family Member in Australia

  • Property Law
  • July 20, 2023

Key Takeaway

transfer of property nsw

Transferring property to a family member in Australia can be an important decision that requires careful consideration and understanding of the legal processes involved. Whether you are passing on your property as a gift, inheritance, or for other personal reasons, it is essential to be aware of the legal requirements and potential implications. In this article, we will provide a comprehensive guide on how to transfer your property to a family member in Australia, ensuring a smooth and legally compliant transfer process.

Types of Property Transfer  

There are various methods to transfer property ownership in Australia , each with its own legal implications. Depending on your specific circumstances, you can consider the following options.

1. Gifted Transfer

  • A gifted transfer involves transferring property ownership without any monetary consideration. It is often used when passing down property within a family.
  • This type of transfer requires a legal document known as a “Deed of Gift” to be drafted, signed, and registered with the relevant state or territory authority.
  • It’s important to note that while a gifted transfer exempts the recipient from paying the market value of the property, they may still incur stamp duty and other associated costs.

2. Sale Transfer

  • A sale transfer involves selling the property to a family member at an agreed-upon price.
  • The sale transfer process typically includes drafting a contract of sale, ensuring compliance with state or territory laws, and conducting relevant property inspections.
  • Stamp duty and other applicable taxes may be levied on the buyer, similar to a regular property purchase.

3. Creating a Family trust

  • Another method of transferring property ownership to a family member is by establishing a family trust.
  • By setting up a trust, the property can be held by the trustee on behalf of the beneficiaries, who are typically family members.
  • This allows for effective management and distribution of the property’s benefits while maintaining control and protection over the asset.

Understanding the Transfer Process

The transfer of property to a family member involves a series of legal procedures and requirements. It is crucial that proper procedure is taken to ensure a valid transfer and avoid potential complications in the future. Some key aspects that require attention are:

Seek Legal Advice

Before initiating the transfer, it is advisable to consult a qualified property lawyer or conveyancer who specializes in Australian property law. They can provide valuable guidance tailored to your specific circumstances and assist you throughout the transfer process.

Determine the Transfer Method

As mentioned earlier, there are various ways to transfer property ownership in Australia , including gifting, selling, or creating a family trust. Each method has its own legal and taxation implications. It is important to choose the most suitable transfer method based on your individual circumstances and goals.

Compliance with State Legislation

Property transfer processes can vary across Australian states and territories. Familiarize yourself with the relevant legislation and regulations in your jurisdiction to ensure compliance with the specific requirements for transferring property to a family member .

Considerations and Implications

Capital gains tax (cgt).

Transferring property may have capital gains tax implications. Seek advice from a tax professional to understand the potential CGT liabilities associated with transferring property to a family member.

Family Law and Relationship Breakdowns

In the event of a relationship breakdown, property transfers to family members may be subject to Family Law provisions . It is essential to seek legal advice to protect your interests and understand any potential implications in such circumstances.

Estate Planning and Inheritance

Transferring property to family members can have implications on estate planning and inheritance matters. It is advisable to consult an estate planning professional to ensure your wishes are properly documented and legally binding.

How Can Stewart Law Help

Transferring property to a family member in Australia requires careful consideration of legal processes, compliance with state legislation, and consideration of potential implications. Consulting a qualified property lawyer or conveyancer is essential to obtain personalized advice tailored to your specific circumstances and ensuring the correct steps are taken for a smooth and legally compliant transfer. Our lawyers at Stewart Law understand how stressful these situations can be and that is why we will be here with you every step of the way. Contact us for a free consultation.

  • Read more about: property law , property settlement , transfer of property

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Transfer of property title ownership: How to transfer a house title

Changing property ownership between spouses or other co-owners is relatively straightforward, but there are a few steps involved. here's what you need to know..

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In this guide

Types of ownership structure

Why change the property ownership, how much does changing property ownership cost, steps involved in changing property ownership, beware of tax legislation.

Guides & Help

There are a number of reasons why people look into changing the names on a property title. You might have shared ownership between high and low income earners and you want to spread the capital gain and income tax liabilities. Or perhaps there's been a relationship breakdown and one co-owner is transferring the property to the other.

You need to know the different types of ownership structure to help you work out how to transfer ownership. This guide to changing property ownership will help you determine which property ownership structure suits you best and how to move forward with a transfer of ownership.

If you need expert help navigating title changes and property ownership questions you should consider speaking to a conveyancer or solicitor. They can help you with issues related to ownership and property law.

  • Outright ownership. You are the sole owner of the property. Your name alone is on the deed and you are responsible for the property. The property is likely to be owned in your own personal name.
  • Joint tenants. You own the property equally with someone else . Together you both have full ownership of the property. One joint tenant cannot pass their share onto another person when they die; it automatically passes instead to the other joint tenant.
  • Tenants in common. This is where 2 or more people own specified portions of the property. This can be a 50/50 split, or 70/30, or any other combination. Each owner has their own rights to their share and can sell it to others, or offer it in a will to someone else. The other tenants in common don't have an automatic right to the whole property.
  • Trust ownership. This is where the property is owned and managed by a trust, which is an entity that holds assets in trust on behalf of its beneficiaries. There are a number of trust types, although the most common are family trusts. These are useful for when property is being left to younger family members.
  • Company ownership. You can also own property through a company. Profits are liable to be taxed at business tax rates, which currently has a base rate of 25%, assuming the property is an investment.

Adding your partner's name to your house

There are many reasons people may want to change the ownership details of the property, ranging from a change in circumstance or situation all the way to gifting to a family member or inheritance. Below is a list of the most common reasons people have for changing property ownership:

  • Divorce. When you purchase a property as part of a relationship and that relationship breaks down you will want to make changes to the details of ownership.
  • Change ownership structure. You may have originally chosen an ownership structure that no longer is relevant for you and anyone you may own the property with.
  • Family reasons. The owner of the property may have become quite ill or unable to properly look after their own affairs and they have decided to pass the property onto a family member, or the owner may have died. All these situations would require that the family make changes to the ownership.
  • Change in circumstance. A property may have been purchased with the assistance of a friend or family member or as a joint purchase and now there has been a change in financial circumstance that allows one owner to buy the other out .
  • Gifting property to family. It's a very common scenario that family members want to transfer property to other family members , like a parent giving a home to their child.
  • Stamp duty. Changing property ownership will incur stamp duty, which will be calculated based on the valuation of the land. Usually it is between 3% and 5.5%. In some states like Victoria, stamp duty can be waived. Find out more here .
  • Capital gains tax (CGT). Selling or transferring ownership may incur CGT. If the sale involves an investment property, then the seller will need to pay CGT. As a general rule, it is 25% of the capital gain. Read more about Capital Gains Tax .
  • Fees. When you sell or transfer the title of a property , you change the conditions of the mortgage, which may incur break fees. If you require a lawyer, there may also be legal fees and valuation fees .

The steps involved in changing property ownerships vary depending on the type of property ownership, how you are changing it and whether it is under a mortgage. Below are some of the key steps involved.

1. Check the mortgage. If the property still has a home loan attached to it you will need to have the details of this on hand as they may also need to be adjusted depending on your reason for making a change to the property ownership.

2. Get a copy of the property title. You can contact your local state office that looks after land titles for a copy of the property's title as a reference for changing the details.

3. Fill out a property title transfer form. You can get this from your government agency that looks after land titles for the form/s required to change the property ownership. You can also ask them for instructions on how to properly fill this out. If you are in New South Wales, you can read our guide here .

4. Submit the title transfer form. Once you have completed the form with all relevant details you will need to submit it to your local state government land office that looks after property titles.

5. Pay the relevant fee. Any change of title or adjustment to property ownership will incur a fee to be paid to the relevant state government office.

6. Wait for the processing of the form. The relevant agency will process the form and if all is well will make the relevant adjustments to the ownership details held by the state.

If you have a mortgage still attached to the property you will need to notify your bank of the change to property ownership and they may ask you to alter your loan documents to match the property title details.

There are anti-tax avoidance rules that state you must have a valid reason for transferring the title of a property apart from tax benefits. Be sure you know your reason and be certain to document it.

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Rebecca Pike

Rebecca Pike is Finder's senior writer for money. She joined Finder after almost four years writing for business publications in the mortgage and finance industry, including three years as editor of Mortgage Professional Australia. She regularly appears as a money expert on programs like Sunrise and Today, as well as across radio and newspapers. She also holds ASIC-recognised certifications in Tier 1 Generic Knowledge and Tier 2 General Advice Deposit Products.

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Removing a name from a property title can require the help of a legal expert, and might come with fees depending on the state. Find out how to do it here.

Adding a name to a property title, or transferring house title to your spouse? Our guide walks you through the steps and costs involved.

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154 Responses

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I’m currently on the property title of my parents house. This means that the three of us are on the title. Due differences in the family I would like to be removed from the title. Leaving the house in their name. I’ve been on the title in name only. Is this possible?

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This sounds like a complex situation – you’ll need to consult a lawyer to have any adjustments made. Good luck!

I own my house but my marriage has ended. No I’ll feelings. All I want to do is put my wife’s name on the deed and if possible take mine off. Can you tell me the most simple way to go about this.

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I suggest talking to a conveyancer to set this up. There may also be stamp duty payable if the name on the title is changing. There are exceptions for family members, however, and this may include marriage breakdown.

I was in a de facto relationship. My mothers home was sold to me very cheap by my brother who had acquired it through my mothers will. I payed the full amount myself, with no input from my de facto. It was the only house I owned and my principle place of residence. At the time, I was facing financial difficulties, and I wrongly feared that my bank had the ability to seize it and sell it if I were to file bankruptcy. So the property was put into my partners name. The relationship has ended and he has told me he is keeping my childhood home. I am no longer living there and he has remained in the house. The property is not worth a lot of money, so it’s only him being spiteful. Do I have any rights to the house or have I made a huge mistake? Thank you.

Please contact a lawyer for professional advice. I’m afraid we can’t really help you here.

If you are reverting back to your maiden name, is it necessary to change your name on the title which is in your married name?

Depending on where you live, you could use a change of name form to update the title. Check your state’s land titles office.

My father has been in a nursing home for five years. This is fully funded by his pension. He has lost capacity many years ago. I have an enduring power of attorney for his financial and health affairs. My mother and father own a property together with no mortgage which my mother still resides in. My mother has been diagnosed with pancreatic cancer which is terminal. How do we transfer my father‘s 50% share of the family home to my mother so that upon her passing The home and other assets are distributed according to her will And my father’s nursing home accommodation continues to be funded by his pension?

I’m sorry but we really can’t offer any help here as we’re not licensed to give personal financial advice (or legal advice). Might be worth speaking to a conveyancer about the property title? If you have enduring power of attorney than you might be able to authorise the title change. An estate planner could help too.

Kind regards, Richard

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  • How To Sell Your House

How to transfer a property title between family members

Erin Delahunty, Property Journalist

6 Jun 2019, 10:14am

Most people understand the process of selling a house, but transferring a property title between family members is a different thing altogether.

There are many reasons for doing it, and it involves a number of legal requirements and tax obligations. But the rules vary from state to state, so legal advice is key.

Seek legal advice when transferring a property title between family members. Picture: Getty/Blend 

Can you transfer property title between family members?

Meldon D’Cruz, principal at Cruz Legal in Melbourne, says it’s possible to transfer property titles between family members, but it requires careful consideration.

He says owners transfer properties for many reasons, but the main drivers are:

  • tax considerations
  • helping a family member, such as a child, to get a foothold in the property market
  • to ensure a family member receives their future inheritance early
  • asset protection – for example, transferring ownership of the family home away from a spouse who is on the brink of bankruptcy or likely to get sued.

Transfers are usually done via gifting, through a lawyer, but it’s also possible to sell a property to a family member. If a property is jointly owned, a change can be made to the ownership split. Such transfers or mortgage changes incur fees.

According to D’Cruz, different tax considerations apply depending on the state or territory in which the property is located, on whether the property is residential or commercial property, and on how many properties the involved parties own.

Each case is different, so those thinking about transferring a property need to get legal advice. Some people will end up paying more tax, such as capital gains, some less. It all depends on the specific circumstances of the people at both ends of the transaction.

Each state has different laws pertaining to the transfer of property. Picture: realestate.com.au/buy

What to consider before transferring property title to a family member

There is a lot to consider when contemplating transferring property titles between family members.

Before transferring, people need to consider the following:

  • Tax benefits .
  • Tax liabilities.
  • Capital gains tax .
  • Asset protection.
  • Estate planning.
  • Retirement plans.

D’Cruz adds that those transferring property should also be aware of the anti-avoidance rules in their state or territory.

“Where someone is being sued and they transfer the family home into the spouse’s name, there are what’s called claw back provisions, or anti-avoidance measures, where people can say you’re disposing of your assets so you don’t have to pay out on a lawsuit and challenge it. That’s something to be aware of,” he says.

How to transfer property title between family members

D’Cruz says there are three main ways to transfer property title between family members.

  • Changing ownership share.

Gifting is where a property is transferred without paying any money – the same as giving a birthday present to a friend, D’Cruz explains.

Unless an exemption applies, the recipient may still need to pay land tax when they take ownership of the property, and the person gifting or transferring the property may have to pay capital gains tax – depending on whether it was an investment property or their primary residence.

D’Cruz says some exemptions apply depending on the state or territory in which the transfer occurs. For example, owners can sometimes transfer their interest in a property to their spouse without needing to pay stamp duty, but there are strict requirements around this, he says.

There are three ways to transfer a property  title to a family member: gifting, selling and changing ownership share. Picture: realestate.com.au/buy

It’s possible to simply sell a property to transfer its ownership, which is documented with a contract of sale of land, D’Cruz says.

As with any sale of land, the purchaser normally has to pay stamp duty, and depending on the type of property, the person selling may have to pay capital gains tax, D’Cruz explains.

Sometimes, a property can be held in a family trust or through a superannuation trust, but strict rules apply.

3. Changing ownership share

If family members jointly own property, the ownership split can be changed on the title.

D’Cruz says a lawyer or conveyancer will prepare all the relevant documents and lodge these with the relevant state authorities, such as the land titles office. In some states, such as Queensland, only a lawyer can do this, but in Victoria, a conveyancer can.

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Transfer property to spouse, child, sibling or trust in NSW

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NSW Property Transfer Conveyancing Process

Property transfer process in nsw is explained below., 1. conveyancing advice & finance approval, your to-dos.

  • CONVEYANCING ADVICE Please call us to discuss your transfer matter & establish clear fixed upfront charges.
  • PROVIDE PROPERTY INFORMATION We will ask you for relevant information regarding the property, transferor & transferee. This information is required for us to provide accurate advice.
  • PROPERTY TRANSFER PRICE If required, the transferor & transferee agree on a property transfer price.
  • DISCUSS TRANSFER WITH YOU BANK If there is a mortgage on the property then you must discuss the transfer with your bank. The person receiving the interest in property must also discuss the transfer with their bank & get a home loan approval.
  • STAMP DUTY & LAND TAX IMPLICATIONS We'll review your situation thoroughly and then provide our feedback including stamp duty & land tax implications.
  • ASSIST YOU WITH STAMP DUTY If stamp duty is payable, then we assist you in completing the relevant paperwork & in paying the stamp duty.
  • STAMP DUTY EXEMPTION If your transfer is exempt from stamp duty then we'll assist you in completing the stamp duty exemption paperwork.
  • TRANSFER DOCUMENT We prepare the transfer document and send it to you for signing.
  • LIAISE WITH YOUR BANK We will liaise with your bank to ensure they are ready for settlement.

2. PROPERTY TRANSFER SETTLEMENT

  • SIGN TRANSFER  We'll either send or organise for you to sign the transfer documentation. Please sign & proceed as per our instructions.
  • MORTGAGE DOCUMENTATION If you're discharging a home loan and/or are getting a home loan then please complete & sign your bank's paperwork.
  • STAMP DUTY PAPERWORK As applicable, we'll assist you with stamp duty paperwork. If we send you any documentation, please sign & proceed as per our instructions.
  • PROPERTY TRANSFER SETTLEMENT We'll ensure that the property transfer settlement occurs as expected. If there are any monies to be transferred, we'll assist with that.
  • STAMP DUTY If stamp duty is payable, then we ensure it is paid as required.
  • TITLE DOCUMENT If there is no mortgage involved, we'll forward the Title document onto you upon receiving it.
  • RETAIN YOUR PROPERTY TRANSFER FILE FOR 7 YEARS If you decide to sell the property or another transfer is required, having your file makes the process easier.

If you’re - by yourself or jointly with someone - receiving a part of or whole property, it’s best to have a mortgage approval in place. If there is a mortgage on the property being transferred, this mortgage has to be discharged.

This is a generic process & is not legal advice. Please discuss your specific situation with us.

Transfer Property in NSW

You don't have to visit our office usually. that is why we complete hundreds of matters successfully every year from across nsw., transferring property to spouse or de-facto when they are together..

It is not unusual for partners to want to add their loved ones into the title of the Property that they already own. This is one of the more common scenarios that we come across. In such situations, the Transferor and Transferee will need to provide us with proof of their relationship during the transfer . De facto couples must be living together for at least 2 years before applying for this exemption.

Transfers between family members are liable to transfer duty, however some transfers may qualify for a exemption or concession. We can often act on both Transferor's & Transferee's behalf in such transactions because the parties should be giving uniform instructions. Foreign transferees who are eligible for this exemption must still pay surcharge purchaser duty at 8 percent of the value of property they receive.

No transfer duty is payable where a transfer of residential land is between a married couple or de facto partners and the property being transferred is either the family home (principal place of residence) or vacant land which is intended to be used as the site of the family home. As a result of the transfer, the property must be held equally by both partners of the relationship. If you’ve already paid transfer duty but were entitled to an exemption or concession, you can claim a refund for up to five years.

GUARANTEED FIXED PROFESSIONAL FEES

Fixed professional conveyancing fees & fully detailed costs upfront means that our clients are never surprised.

EXPERIENCE & EXPERTISE THAT YOU DESERVE

A Licensed Conveyancer handles your matter, assisted by an experienced matter owner to complete your matter timely & safely.

YOU DON'T HAVE TO VISIT OUR OFFICE USUALLY

Our processes reduce the need for you to travel to our office usually. Vast majority of our clients never visit our office.

Transfer due to a breakdown of marriage or de facto relation or domestic relationship or divorce?

You can get exemption from paying transfer (as stated above) under the conditions that the property must be transferred to the partners in the relationship or either of them or a child or children of either partner, or a trustee for the child or children of either partner.  

Also, usually capital gains tax (CGT) applies to any change of ownership of an asset. But, if the transfer an asset to your spouse or de facto or domestic relation is because of the breakdown of your marriage or relationship, then you may be eligible for a rollover (the person who is receiving the property will get the capital gain or loss when they eventually sell the property for example) of the asset.

We will only be able to act for one party in a Property transaction involving a breakdown of marriage / de facto / domestic relationship if there is a Consent Order / Binding Financial Agreement in place. If the parties are separating without the need for this formal documentation AND the clients are in communication with each other, then it is fine for us to complete the transaction acting for both sides . Note, a domestic relationship is one where two adults who aren’t married live with each other to provide care and domestic support.

STAMP DUTY IMPLICATIONS

We will based on your situation advise you about stamp duty implications of your transfer matter. If you're exempt, we'll help you with the exemption paperwork

CAPITAL GAIN TAX

Some transfers can be liable to capital gain tax. We will fully understand your situation and then provide advice as required & necessary.

TRANSFER DUE TO DIVORCE

Here, the transfer can be exempt from stamp duty if the property is being transferred to one of the partners in the relationship etc. Please contact us for specific advice.

Transfer between family including parents, children & siblings?

It is not unusual for parents to want to gift or sell at a reduced price a property that they own to their children as a way of setting them up. In such situations, we can act on both sides because the parties would likely be in an amicable relationship with each other . 

NSW Property Transfer made easy

We assist you at every step..

transfer of property nsw

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Everything You Need to Know About Transfer of Property Between Family and Friends

Transferring property or vacant land to someone without selling may seem like a complicated process, but it’s a common practice that can benefit both parties involved. 

Whether you’re gifting a property to a family member, transferring it to a business partner, or changing ownership due to divorce proceedings, there are significant legal, financial and tax considerations that you need to consider to ensure a smooth transfer of ownership.  

In this blog, we’ll explore the ins and outs of transferring property without selling it, including the legal requirements, tax implications, and potential benefits of doing so. 

What is a Property Transfer? 

Transferring land or property refers to changing ownership from one person or entity to another, which you can do in various ways, such as selling property, offering it as a gift, leaving it as part of an inheritance, or transferring it to a trust. 

A property transfer typically involves legal documentation, such as a deed or a title, to show the change in ownership. The transfer may also include paying certain taxes or fees, depending on the transfer’s circumstances and the property’s location.

You must follow the proper legal procedures when transferring property to ensure the entire process is valid and legally binding.

Transfer Property Amongst Family and Friends 

While the most common method of transferring property is through a purchase and sale agreement, you can also transfer property without selling it. A few examples of when you might transfer property among family and friends without selling it include: 

  • As a Gift: A property owner may want to gift property to a family member or friend. 
  • In a Divorce Settlement: It is not uncommon for one spouse to transfer property ownership to another during divorce proceedings. This can be done as part of a property division agreement, where each spouse receives an equitable share of assets acquired during the marriage.
  • To Include Spouses or De Facto Partners on the Title: In the event of a marriage or a de facto relationship, an individual who owns a property may consider transferring partial ownership of the property to their partner or spouse.
  • For Estate Planning Purposes: Property owners may wish to transfer their property to their heirs or beneficiaries as part of their estate planning. You can do this through a will, trust, or other legal mechanisms.
  • As Financial Support: Parents may wish to transfer their property to their children to provide financial support. This could be done to help the children own a home or to give them a source of rental income.

How Do You Transfer a Property Title?

A property title is a legal document that establishes ownership of a piece of real estate, such as a home, land, or commercial building. The title provides evidence of ownership and contains information about the property, including its location, size, boundaries, and any restrictions or encumbrances on its use.

In most cases, either the property owner or financial institution that has provided a mortgage loan to the owner holds the title. However, you can transfer the title to a buyer, family member or friend for the reasons mentioned above. 

The process of transferring a property title between family members and friends is similar to any other property transfer, involving the removal of one person’s name and the addition of another. However, there may be differences in how your State’s Revenue Office assesses stamp duty when transferring to a family member or friend.

There could also be capital gains tax implications. 

And the process becomes a bit more complicated when there is an existing mortgage on the property. If you are also transferring the mortgage, the person receiving the property must undergo a loan approval process. 

We recommend checking with the lending institution before proceeding with a title transfer and seeking professional advice regarding potential tax and financial implications.

What are the Capital Gains Tax Implications? 

Generally, if you acquire any property after 20 September 1985, capital gains tax (CGT) legislation will apply to any transfer of ownership. However, how it applies depends on the nature of the transaction. 

For example, if the original owner treated their property as their main residence before gifting it to someone else, the transfer will typically be exempt from CGT. But if the property was an investment before gifting it, there will likely be CGT implications based on the property’s market value. 

Certain CGT rules also apply when you inherit property, which you can read about in this guide . 

Marriage or Relationship Breakdown

A marriage or relationship breakdown rollover may apply in the event of a marriage breakdown and property transfer award. The rollover entails disregarding any capital gain or loss when there is a property transfer between spouses.

Leila and Phillip purchased their main residence in 2011 for $520,000 and jointly owned it. 

Unfortunately, their marriage broke down, and Leila transferred her legal interest in the property to Phillip on 1 April 2022 as per a binding divorce agreement. 

In this scenario, the ATO grants Leila the relationship breakdown rollover, and she doesn’t have to report any capital gain or loss on her 2021-22 individual tax return. 

Philip continues to live in the property as his main residence. So, if he decides to sell it in the future, he can claim the main residence exemption and won’t have to report any capital gain or loss. However, if he decides to turn his main residence into an investment, there will likely be CGT implications for the time he generated income from the property. 

You might be interested in reading our guide on What Happens When Your Rental Property Becomes Your Main Residence .

Other CGT Scenarios

We’ve broken down a few case studies that you may find useful in establishing the capital gains tax implications of your property transfer. However, as each individual scenario is dependent on the facts, you must consult a tax advisor to calculate the capital gains payable and help with tax return preparation. 

You might be interested in reading about the Main Residence Exemption for Deceased Estates .

What are the Transfer Duty (Stamp Duty) Implications?

Transfer duty or stamp duty is a tax that your state government charges when there is a title transfer. In a normal buy and sell transaction, you pay transfer duty as part of the acquiring costs. The same applies to any other transfer, including amongst family, friends and spouses, although some exemptions may apply depending on your state laws. 

For example, in New South Wales, if you add your spouse to the title of your main residence, you may not have to pay stamp duty. And if you transfer your share of the title to your partner or spouse due to a relationship breakdown agreement, you could be exempt, too. 

If you’re not exempt from paying stamp duty, you’ll need to get a Certified Practising Valuer to conduct a stamp duty valuation to determine the current market value of the property so that you can calculate your stamp duty obligations. 

Once again, your obligations depend on the nature of your specific scenario. So, obtaining relevant advice from a tax expert or lawyer is necessary. 

Key Takeaways 

Transferring a property title without selling the property can be a complex process that involves various legal, financial, and emotional considerations. Whether adding a spouse or partner to the title, transferring the property as a gift, or supporting children, you should seek professional advice and understand the transfer’s potential tax and financial implications. 

Moreover, stamp duty is a significant cost to consider when buying a property, and it is essential to review stamp duty laws and regulations in your jurisdiction to ensure compliance. 

Overall, transferring a property title can be a beneficial and practical solution in many cases, but it requires careful planning and expert guidance to ensure a successful and stress-free transfer.

If you are considering transferring a property title or purchasing a property and need guidance on your tax implications, Property Tax Specialists has a team of experienced and knowledgeable professionals who can provide tailored advice and solutions to meet your specific needs. 

Contact us today to schedule a consultation and take the first step towards a successful property transfer or purchase.

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  1. Conveyancing for Family Property Transfer in NSW

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  2. Transfer Of Lease Form Nsw

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  3. Transferring Ownership

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  4. Transfer of Property and Stamp Duties In NSW

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COMMENTS

  1. Transfer duty

    commercial or industrial properties, or a business, which includes land. You must also pay transfer duty when you acquire land, or an interest in land, without buying it. For example: a declaration of trust a gift, or a transaction effecting a change in the beneficial ownership of a property.

  2. What to consider before transferring real property in NSW

    The process of transferring real property in NSW includes: Downloading and completing the Transfer Form 01T from the Department of Land and Property Information website. Sending the completed transfer form to the Office of State Revenue (OSR) to be noted for stamp duty.

  3. How to complete the NSW property transfer form

    1. Get a copy of the form In addition to Transfer Form 01T, you'll also need to complete a Notice of Sale or Transfer of Land (form 10-0520). Download Transfer Form 01T here These forms are also available: Online from the LPI website From LPI's customer Service centre From the Client Services Counter or the cashiers at the LPI Sydney office

  4. Buying and selling property

    Calculate your buying costs such as transfer (stamp) duty, and if you are eligible for first home buyers assistance. ... This is a guide for people who are buying residential property in NSW. It provides information about managing your money, deciding what type of property to buy and how much you can afford to pay.

  5. Transfer Of Property Title In NSW

    A transfer of property is when one person, or an entity, transfers the ownership of a property to another person. This can happen between spouses, de facto couples, parents and children, family members, as well as friends. Property transfers can occur for a number of reasons, including marriage, divorce or death. How to transfer a property

  6. Transfer of Property and Stamp Duties In NSW

    The state government recommends that people seek legal advice from a solicitor when dealing with a transfer of property. In NSW, to transfer ownership of a property a Transfer Form 01T must be completed and lodged with the NSW Land Registry Services (formerly the LPI), which does incur a fee. You will also need to provide the title for the ...

  7. How to transfer property NSW New South Wales

    1. Download and complete the Transfer form from the Department of Land and Property Information website. 2. Send the completed Transfer to the Office of State Revenue (OSR) to be noted for stamp duty.

  8. Transfer Duty NSW

    The transfer duty rate imposed on off the plan purchases is the same as for other types of residential property transactions. The current rates of transfer duty in NSW (effective 1 July 2023) are as follows: [1] $0 to $16,000. $1.25 for every $100 (minimum $10) $16,000 to $35,000. $200 plus $1.50 for every $100 over $16,000.

  9. Transfer

    For a transfer: where the property is transferred for other than a sum of money (e.g. pursuant to an order of the Family Court) - use form 01TWC

  10. Transferring Property to Family Members

    The stamp duty payable is calculated on the market value of the interest that you are transferring. For example, if you are transferring a half interest in a property valued at $2,000,000, the stamp duty payable is calculated on a purchase price of $1,000,000. You can estimate the stamp duty payable using this Revenue NSW stamp duty calculator.

  11. How can I transfer property without selling it?

    When you transfer property what you are essentially doing is transferring an 'interest' in that property which will be recorded on the Torrens Register (in NSW). To do this, you will need to fill out Transfer Form 01T on the Land and Property Information website (NSW only).

  12. NSW Stamp Duty Calculator 2024: Property Transfer Duty

    The stamp duty (transfer) rates for NSW as of January 2023 are as follows: Property value. Stamp duty (transfer duty) rate. $0 to $15,000. $1.25 for every $100 (minimum $10) $15,000 to $32,000. $187 plus $1.50 for every $100 over $15,000. $32,000 to $87,000. $442 plus $1.75 for every $100 over $32,000.

  13. RESCOMM

    The transfer of property in New South Wales is the process of conveying ownership of a property from one party to another. There are many reasons why you may be required to register a Transfer of Land on title if you are not buying or selling property. Transfer between family members i.e. parents, grandparents, children, siblings.

  14. A Comprehensive Guide to Transferring Property to a Family Member in

    Key Takeaway "There are various methods to transfer property ownership in Australia, each with its own legal implications. It is crucial that proper procedure is taken to ensure a valid transfer and avoid potential complications in the future."

  15. Changing property titles names

    You can contact your local state office that looks after land titles for a copy of the property's title as a reference for changing the details. 3. Fill out a property title transfer form. You can ...

  16. How to transfer a property title between family members

    Transfers are usually done via gifting, through a lawyer, but it's also possible to sell a property to a family member. If a property is jointly owned, a change can be made to the ownership split. Such transfers or mortgage changes incur fees.

  17. Lodging applications

    Lodging applications. Commencing 11 October 2021, changes to the land title system in NSW means all Real Property Act dealings, regardless of the date signed, must be lodged with the Land Registry Service (LRS) electronically. Paper documents are no longer accepted.

  18. Transfer property to spouse, child, sibling or trust in NSW

    We assist you at every step. Transferring Property to Spouse, Defacto, Children, Sibling, Trust or Business Partner in NSW. Fixed affordable Conveyancing fees. Call 02 6989 4656 now.

  19. Everything You Need to Know About Transfer of Property Between Family

    Whether you're gifting a property to a family member, transferring it to a business partner, or changing ownership due to divorce proceedings, there are significant legal, financial and tax considerations that you need to consider to ensure a smooth transfer of ownership. In this blog, we'll explore the ins and outs of transferring property ...

  20. Property Tax (First Home Buyer Choice) Act 2022 No 60

    44 Transfer of land subject to property tax—transferor included owner (1)For a transfer involving land subject to property tax from a transferor who is an ... the New South Wales gross state product per capita at current prices (series ID A2336248J) as first published for a financial year by the Australian Bureau of Statistics in the ...

  21. Transfer of Primary Production Property between family members

    Sec. 274 (1) provides that duty under the Act is not chargeable in relation to a transfer or lease of land used for primary production, together with other property that is an integral part of the business of primary production if the Chief Commissioner is satisfied of all the matters specified in subsections (2)- (4). 2.

  22. Deceased estate transfers

    If you've received property from a deceased estate, 'in accordance with the terms of the will', you'll pay transfer duty at a concessional rate of $50. For transmission applications or transfers entered into on or after 1 February 2024, this will increase to $100. Beneficiary of the will