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Do you have to pay capital gains tax on property transfers in financial agreements?

If my husband and I separate and the house is transferred to one of us do we have to pay capital gains tax or transfer fees and the like?

Answer: Capital gains tax, stamp duties and other charges will not apply to property that is transferred following breakdown of a relationship.

In order to secure this exemption, there must be formal documentation, such as a Binding Financial Agreement or Consent Orders, which specifically deals with the property being transferred. This document will need to be provided to the Office of State Revenue in order to secure the exemption, along with an exemption form.

You should check with the Office of State Revenue about the specific requirements in your State. Nominal fees will then apply (eg. $2.00) depending on your State. Registration fees may also apply to file the necessary forms with the Lands Registry in the vicinity of $60.00. Apart from that, the Act specifically exempts transactions from tax and stamp duty.


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