In Victoria the transfer of real property between spouses is not dutiable, even where the transfer is not for natural love and affection.
Property in Victoria can also be transferred from a discretionary trust to an eligible beneficiary of the trust free of stamp duty if distributed in specie.
In Victoria commercial real property can be transferred by a member of a self managed superannuation fund (“SMSF”) into the SMSF free of stamp duty by way of either a concessional or non concession contribution into the SMSF.
Transfers of interests in entities holding real property assets need to be approached with caution; “land rich” provisions, which may vary from state to state, have the effect of invoking duty as though the property itself was being transferred.
A thorough understanding of the above stamp duty rules can provide great planning opportunities and assist in determining the most appropriate structure to hold a particular asset and how to most effectively transfer an asset where necessary.