How long does it take?
Allow a couple of months, depending on your situation
Who's Involved?
- You and your lawyer
- Your family member/ super fund/ company or trust
- Your accountant (to help with the tax or financial side of things)
What's the process?
Transfers between family members
We'll catch up with you to discuss your plans and give you some advice about your proposal. Sometimes we'll suggest that your family member gets their own independent lawyer involved.
Once we've made sure you're happy to proceed and you have the right information about any tax consequences of your proposal, we'll verify your ID and prepare the required paperwork. We'll make sure that any available concessions or exemptions of stamp duty are applied and that the property is transferred to the new owner in accordance with your instructions. We'll also notify the council, water authority and State Revenue Office so that future rates and water bills are issued correctly.
Super transfers
We'll work with you and your accountant to get a clear picture of what you are intending to do: whether it's a transfer into super or out of super and in what proportions. The timing can be really important and often the transfer needs to be completed by 30 June.
We'll verify your ID, prepare the paperwork and gather the supporting evidence we need to submit to the State Revenue Office for you to check it and sign. Often these transfers are exempt from stamp duty provided there is no money being paid to the transferor. Then we'll arrange for the property to be transferred to the correct owner and notify the council and water authority.
If you are transferring your land into super then your super fund auditor will usually want to see that you have a lease in place- we can help with this too.
Transfers into a trust or company
Trusts and companies can be useful ways to plan for the future and manage risk, and we'll work with you to make sure you understand the pros and cons before you give us the green light.
Then we'll verify your ID, set up the new entity (if this is required) and arrange for you to sign it and check off all the formalities (like paying the ASIC fee or stamping the trust deed).
Once the new trust or company is set up, we'll prepare the paperwork to transfer the land into the new entity and we'll notify the council and water authority.
It's also important to consider the effect of your new ownership structure on your will and we can help with this too.
What to have in order
- Details of where your title is held (or if you're not sure, we can help)
- Your original identification documents (passport and driver's licence)
- A copy of your rates notice or a recent valuation is handy!
- Your accountant's details so we can get copies of any other documents we need.