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16 Feb 2025

What are the tax implications, if we gift my brother his house which is currently under his, mine and my partner's names? We helped him out when he divorced and could not get a loan, but he has paid the loan and we are currently getting land tax on it.

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Taxduck(Taxicorn)Taxicorn
16 Feb 2025

I assume you have an ownership share of the house (as tenants in common).

If the house isn't you and your partner's home then any gifting of your share is a disposal of a CGT (capital gains tax) asset. There may well be a tax liability if the market value of the house is more than what it was purchased for. Link explains transferring property

Transferring property to family or friends | Australian Taxation Office

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Most helpful reply

Taxduck(Taxicorn)Taxicorn
16 Feb 2025

I assume you have an ownership share of the house (as tenants in common).

If the house isn't you and your partner's home then any gifting of your share is a disposal of a CGT (capital gains tax) asset. There may well be a tax liability if the market value of the house is more than what it was purchased for. Link explains transferring property

Transferring property to family or friends | Australian Taxation Office

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Gift our portion of the house. | ATO Community