Fees when gifting or transferring a property title to a child or family member

Everything you need to know when transferring a property title, including the different ways to transfer and understanding the costs.

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Richard Whitten

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Key takeaways

  • Gifting property is not free; stamp duty on market value and potential capital gains tax apply.
  • Valuation costs often range from $300 to $900, crucial for market value assessments.
  • CGT exemptions apply if the property was acquired before 20 September 1985 or is your main residence.

Can I gift my house to a family member for free?

Transferring or gifting property to a family member can be as simple as submitting a property transfer form, but there are costs involved – even when the property is given as a gift.

Generally, you cannot avoid all of the costs involved so it's unlikely you'll be able to gift a house to a family member or relative for free.

The 2 big fees you may be liable to pay are stamp duty on the market value of your property, and potentially capital gains tax (CGT) if it was an investment property.

What is a property title and why does it cost money to transfer it?

A property title is a legal document that holds all the information about a property. It includes details on who owns the land or has a mortgage on it.

When the owner changes, either through gifting or through selling it, the title needs to be legally updated.

Accessing property titles varies by state and territory.

Do you have to pay stamp duty on a gifted property?

In many cases, transfer duty (stamp duty) is charged on the market value of your property. Even if no money changes hands, the transfer will be considered to have been done based on the property's market value. The government uses this "true" valuation to determine the stamp duty and CGT costs regardless of the discounted selling price.

When transferring a property to a family member, the Australian Taxation Office (ATO) says you need to make an effort to get an actual value to estimate from.

"You should obtain a valuation from a professional valuer, or work out the market value yourself using reasonably objective and supportable data," they say. "This can include the price paid for very similar property that was sold at the same time in the same location."

If the person receiving the gift of the property has not owned a property before, they may be entitled to a discount or waiver on stamp duty.

Learn how much stamp duty you may have to pay

What if you're gifting part of a property to someone?

If you transfer part of a property, transfer duty is generally worked out on the dutiable value of the interest being transferred — which is typically based on the higher of the consideration paid (if any) and the market value of that interest — and may be affected by any exemptions or concessions.

One of our readers reached out and asked, "When selling 1/2 of your property to your child, do they pay stamp duty on the full value of the property, or only on the version they are buying?"

The answer is, you only need to pay stamp duty on the part of the property that is changing ownership. In this scenario, if the parents are gifting half of the property to their child, then that recipient would pay stamp duty based on half of the property's value.

Does anything change depending on the state or territory you live in?

Yes. Each state and territory has its own rules for registering and transferring property titles, and the rules on stamp duty are also different in each state and territory. Capital gains tax, on the other hand, is a federal tax, so the same rules apply across Australia.

Use our stamp duty calculator for a guide on how much stamp duty may cost.

Ways to transfer the property

There are 2 ways you can transfer a property to a family member: gifting and selling.

Gift box

Gift

You can give ownership of your property to a family member as a gift. No money changes hands in this scenario, but this requires filling out the necessary paperwork with your state revenue office and title office. Your conveyancer may advise you to organise a deed of gift as well. If the property was an investment and not the seller's primary residence, there will likely be CGT costs as well (more on that below).

Money

Sale

You can sell your property to a family member. You will be liable for stamp duty and it will be calculated based on the property's market value, and not the sale price. Also, if the property is not the seller's main residence (say, if it was an investment property) then capital gains tax will probably apply as well.

What costs will you pay when transferring property to family?

Below are a few examples of fees and charges that may apply when you are transferring or gifting property within your family:

Costs paid by the original owner

Money, dollar, coin Valuation costs. You might need to have the property value determined by a certified valuer before transferring or gifting your property. This is so you know how much to report that you have gained or lost when filing your income taxes. Independent valuations cost between $300 and $900 depending on where the property is.

Money, dollar, coin Legal fees. You should have a conveyancer or solicitor oversee the property transfer and have them draw up contracts or transfer documents with title details, the value and determined price of the property, as well as personal details for both parties. These legal documents can be used in case the validity of the property transfer is ever questioned.

Money, dollar, coin Capital gains tax (CGT). The CGT cost will depend on the amount of capital gain or capital loss resulting from the CGT event. In the event of a capital gain, your total gain amount will be the difference between your capital proceeds and the cost base of your asset. The actual CGT amount you pay depends on your income, as it's added to your income tax for the applicable year. Read more about CGT when selling in our in-depth guide.

Costs paid by the new owner

Money, dollar, coin Stamp duty. Also referred to as transfer duty, this tax is calculated on the value of the property or land that is being transferred or gifted and is represented as a percentage. Some purchases may be exempt from stamp duty, so check with your state or territory office of revenue. Stamp duty is calculated based on the state or territory you're in.

Money, dollar, coin Legal fees. You should have a conveyancer check over everything before signing, and the fees for this can range from a few hundred dollars up to $1,000.

Example: Selling property to a family member at a discount

Vanessa and Adnan own a home in NSW. They sell it to their son Al for $500,000, knowing that its true value is actually $900,000. Al pays them $500,000 and Vanessa and Adnan get a professional property valuer to look at the property. The valuer puts the property's market value at $900,000.

Al's costs therefore are:

Sale price: $500,000

Stamp duty (calculated on $900,000 for first home buyers): $20,200

Vanessa and Adnan have used the house as their primary residence for more than 10 years. Therefore they won't have to pay CGT.

* This is a fictional, but realistic, example.

Can you avoid fees and charges when transferring property?

Not entirely. When you gift your property you are still charged stamp duty, even if you sell the property for a small amount to a family member or friend. As the ATO states, the property is calculated at market value if you:

  • Receive no money for your property
  • Receive less than the market value for your property; or,
  • Do not deal at arm's length with the buyer during the sale event

Dealing at arm's length refers to both parties in the sale acting independently and having no "influence or control over each in connection with the transaction".

You might be able to avoid hefty fees when transferring or gifting properties in some select situations and scenarios where CGT and other charges will not apply. Below are some examples of these situations:

  • If you acquired the asset before 20 September 1985: This date is when CGT came into effect, so any property or assets that were acquired before this date may be exempt from CGT.
  • If the property being transferred is your home (main residence): If you have been living at the property and have indicated it as your main place of residence (i.e. the address is on your current driver’s licence and you receive mail there) then you may be exempt from CGT when gifting or selling a property to another.
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Richard Whitten is Finder’s Senior Money Editor, with over eight years of experience in home loans, property, credit cards and personal finance. His insights appear in top media outlets like Yahoo Finance, Money Magazine, and the Herald Sun, and he frequently offers expert commentary on television and radio, helping Australians navigate mortgages and property ownership. Richard started his career in education and textbook publishing in South Korea. He holds multiple industry certifications, including a Certificate IV in Mortgage Broking (RG 206) and Tier 1 and Tier 2 certifications (RG 146), as well as a Bachelor of Education from the University of Sydney and a Graduate Certificate in Communications from Deakin University. See full bio

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206 Responses

    Bettina's avatar
    BettinaOctober 6, 2024

    my father passed away and my mother wants to put me on the title of the house as I am her carer.
    what is involved?

      Richard Whitten's headshotFinder
      RichardOctober 7, 2024Finder

      Hi Bettina,

      I suggest speaking to a conveyancer or solicitor. Please be aware there may be tax implications if you are added to a property title.

    kim's avatar
    kimSeptember 4, 2024

    i had a fire and lost our home. we are now rebuilding due to not receiving enough money to rebuild my son is helping me with a loan, he is being added on my title of land that I own.
    He is 21 first home buyer.
    Do we have to pay stamp duty if i gift him 40% of the property.
    Valued at $350,000 from Valuer??
    Thank you help appreciated, will be our principle place of residence have been renting whilst trying to get our house built.

      Sarah Megginson's headshotFinder
      SarahSeptember 9, 2024Finder

      Hi Kim,

      This depends on the state you own the property in, as each state and territory has different thresholds and stamp duty waivers. We would recommend you contact the Office of State Revenue in your state to get personal advice on your situation.

      Hope this helps and best of luck!

    Maretta ANN Strahorn's avatar
    MarettaAugust 15, 2024

    If our son tried to buy his house in 2009 and could not afford it so my husband and I took out the mortgage,
    which money is still owing, and he still lives in it. Can we put it into his name, now that we are getting older, and what fees and charges would we have to pay.

      Angus Kidman's headshotFinder
      AngusSeptember 23, 2024Finder

      Hi Maretta, This is a complex situation. If the mortgage is transferred, then your son will effectively have responsibility for it – so he’ll need to be able to demonstrate that he can afford the repayments. There would also be fees associated with transferring the mortgage and the proerty title (these would vary somewhat depending on the existing provider and also potentially which state you’re in). Given all that complexity, talking to a specialist financial advisor would be a sensible move.

    Philip Mattner's avatar
    PhilipJuly 22, 2024

    we have a family shack that is in my mothers name, she is 97 can she gift the property to myself what costs if any will ne involved

      Sarah Megginson's headshotFinder
      SarahJuly 26, 2024Finder

      Yes, you will be required to pay stamp duty. The amount depends on where you live, the value of the property and whether you’re entitled to a stamp duty waiver or not. Generally when you an inherit a property you don’t have to pay stamp duty (for up to 2 years after the owner passes), so that might be an option if you want to avoid paying stamp duty.

      Hope this helps!

    Howard's avatar
    HowardJune 16, 2024

    I have a step brother in law who wants to go into care. He has given us in his will all of his assets including his house of 20 years.
    Now with him going into care he has no use for his house, so he wants us to take it now.
    I read you article on Gifting and do wonder how my costs (stamp duty) might be less or the same if we waited until he has passed away to take possession.

      Angus Kidman's headshotFinder
      AngusSeptember 23, 2024Finder

      Hi Howard, This is a complex question and you’ll definitely need to get independent legal and financial advice to work out the best approach (as will your brother in law). As well as stamp duty, there are also potential considerations around capital gains and title transfer. Good luck!

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