How do I transfer property between family members in Australia?

Stamp duty exposure: state revenue assesses transfer duty on the higher of the consideration or the market value (Duties Act 1997 NSW s23, Duties Act 2000 VIC s20, similar in other states). 'Selling' a $1.5M property to your son for $1 still attracts ~$67K stamp duty in NSW + similar in VIC. State land records independent valuation often required to substantiate market value.

Spousal exemptions: most states exempt or concession transfers between married/de-facto spouses for the matrimonial home or PPOR (NSW s104, VIC s44, QLD s151). Investment-property spousal transfers usually NOT exempt, apportionment based on use. Divorce settlements have separate carve-outs under Family Law Act 1975 + state revenue rulings.

CGT exposure: ITAA 1997 s116-30 deems the disposal at market value for non-arms-length transactions. So gifting an IP attracts CGT on the embedded gain (potentially with 50% discount if held > 12 months). Spousal CGT rollover (s126-5) defers CGT on transfers between spouses incident to relationship breakdown, a separate carve-out.

Common scenarios: (a) Adding a spouse to title, usually triggers duty unless spousal-PPOR exemption applies. (b) Gifting to children for tax planning, full duty + CGT, often poor tax outcome. (c) Family trust restructure, duty + CGT with possible rollover relief if structured correctly. (d) Inheritance via deceased estate, different regime: cost-base rollover for the beneficiary, no CGT at death (TR 92/3). Consult a tax adviser BEFORE signing any transfer instrument; once the duty bill is issued, it's enforceable.