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DC1811(Newbie)Newbie
3 July 2023

I transferred my total joint share portfolio to my ex wife so the shares are now in her name, do I need to pay stamp duty or CGT ?

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1 replies
457 views
1 replies

Most helpful response

Most helpful reply

AlliATO(Community Support)Community Support
5 July 2023

Hi @DC1811



The circumstances of the transfer will determine if CGT applies.


If the transfer was part of the separation and there were court orders involved the transfer may meet the conditions of a rollover and CGT may not apply.


You can view more about this circumstance and the conditions on our Guide to capital gains tax page and Marriage or relationship breakdown


If the transfer of shares was not part of the separation and was a gift, then CGT would apply as you treat the shares as if you disposed of them at their market value.


Stamp Duty is a state or territory government charge, you will need to contact your relevant state authority to work out if it applies or not. 

All replies

Most helpful reply

AlliATO(Community Support)Community Support
5 July 2023

Hi @DC1811



The circumstances of the transfer will determine if CGT applies.


If the transfer was part of the separation and there were court orders involved the transfer may meet the conditions of a rollover and CGT may not apply.


You can view more about this circumstance and the conditions on our Guide to capital gains tax page and Marriage or relationship breakdown


If the transfer of shares was not part of the separation and was a gift, then CGT would apply as you treat the shares as if you disposed of them at their market value.


Stamp Duty is a state or territory government charge, you will need to contact your relevant state authority to work out if it applies or not. 

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Do I need to pay stamp duty or CGT when transferring joint share portfolio to ex wife? | ATO Community