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JimTucker(Newbie)Newbie
27 Feb 2025

I am seeking clarification on the tax implications of my mother gifting me a subdivided portion of her property in QLD.


My mother has owned and lived in this property as her primary place of residence (PPOR) since purchase, and it has never been rented out. She is now considering subdividing the land and gifting one of the subdivided lots to me.


I would like to understand:


Whether my mother would incur capital gains tax (CGT) on the gifted lot, given that the property has always been her PPOR.

Whether I would be required to pay stamp duty upon receiving the land, even though it is gifted.

If I decide to build on the land, would stamp duty apply to the construction, and would the purpose of the build (either as my residence or an investment property) affect the tax treatment?

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Bruce4Tax(Taxicorn)Taxicorn
27 Feb 2025


Whether my mother would incur capital gains tax (CGT) on the gifted lot, given that the property has always been her PPOR.


Yes - subdivided land is deemed to be not to be part of main residence from date acquired


Stamp Duty is a State tax, so outside the scope of this forum.

Best to contact your local SRO.


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Most helpful reply

Bruce4Tax(Taxicorn)Taxicorn
27 Feb 2025


Whether my mother would incur capital gains tax (CGT) on the gifted lot, given that the property has always been her PPOR.


Yes - subdivided land is deemed to be not to be part of main residence from date acquired


Stamp Duty is a State tax, so outside the scope of this forum.

Best to contact your local SRO.


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Does my Mum have to pay CGT when gifting a subdivided land to me and do I have to pay stamp duty? | ATO Community