“Why wait? We may as well put the flat in our son’s name now.”
Many Singaporean parents tell us this. The property was often bought for the child in the first place, and the child now lives in Melbourne. A lifetime transfer can feel simpler than probate later.
Sometimes it is the right decision. But a transfer of Australian property is a legal and tax event, and once it is done it is hard to undo. Here is what to check first.
1. Stamp duty may be payable, even on a gift
In Victoria, a transfer of land is generally subject to land transfer duty, even if no money changes hands. For a gift, duty is usually assessed on the property’s market value.
If your child is a foreign person for Victorian duty purposes (for example, a Singapore citizen who is not an Australian citizen or permanent resident), foreign purchaser additional duty of 8% may also apply.
2. Capital gains tax for you, the parent
For tax purposes, giving a property away is usually treated as if you sold it at market value. If the property has risen in value since you bought it, you may have a capital gains tax liability in Australia, even though you received nothing.
As a foreign resident, you generally cannot claim the main residence exemption. Foreign resident withholding rules may also need to be considered. Tax advice is essential before you sign anything.
3. Is your child allowed to own it?
If your child is an Australian citizen or permanent resident, foreign investment approval is usually not needed. If your child is a temporary visa holder or a foreign person, foreign investment rules apply, and the current ban on foreign persons acquiring established homes (until 30 June 2029) may prevent the transfer.
4. The mortgage
If the property has a loan, the lender must agree to any transfer. Your child may need to refinance in their own name.
5. Protecting yourself
Once the property is in your child’s name, it belongs to your child. It may be affected by:
- your child’s divorce or separation, because it may be treated as part of the property pool in an Australian family law case,
- your child’s debts or bankruptcy, and
- your child’s death, because it would pass under your child’s will, not yours.
If you want to keep living in it when you visit, or receive the rent, these arrangements need to be documented properly. Options can include a loan rather than a gift, a written agreement, or a different ownership structure.
6. Fairness between your children
If you have more than one child, a transfer to one child can feel unfair to the others. This is a common source of later disputes, sometimes years after the parents have passed away. Record your intentions in writing, and make sure your will reflects what you have already given.
See also our articles on lifetime gifts versus wills and parents funding a child’s home: gift, loan or trust.
7. Alternatives worth considering
- Leave the property by will. Probate is needed, but there is no transfer duty when an executor transfers property to a beneficiary under a will, and the tax position can be different. A Victorian will can make this smoother.
- Joint ownership. Adding a child as an owner is still a transfer, with similar issues, and it changes what happens on your death.
- Sell and gift the money. This can simplify matters, but it has its own tax and family consequences.
- A testamentary trust in your will, which can give long-term protection to your child and grandchildren.
How Chua Tan Associates can help
Chua Tan Associates has advised Singaporean and other overseas families on Melbourne property and estate planning since 1990. We look at the transfer, your will and your powers of attorney together, and we work with your tax adviser so that the decision is made with the full picture.
Book a 30-minute paid consultation. If you go ahead, the consultation fee is credited to your first invoice.
Frequently asked questions
If I give my flat to my daughter, do we still pay stamp duty?
Usually yes. Duty is generally assessed on the market value, even for a gift.
Is there gift tax in Australia?
Australia has no general gift tax, but stamp duty and capital gains tax can still apply when property is transferred.
My son is a Singapore citizen working in Melbourne on a temporary visa. Can I transfer the property to him?
Foreign investment rules and the ban on established homes may prevent or complicate this. Get advice first.
Can I take the property back if things go wrong?
Generally not, unless the arrangement was documented properly at the time.
Important: This article is general information only and must not be relied on. It is not legal, tax, financial or migration advice, does not take your circumstances into account, and may not reflect changes in the law after publication. Laws of other countries may also apply. Do not act or refrain from acting on the basis of this article. Reading it or contacting us does not create a lawyer–client relationship. Please book a consultation for advice on your situation.
Related reading
Chua Tan Associates acts for families, executors, trustees and their professional advisers in estate planning, estate administration and estate disputes in Australia and across borders. To arrange a confidential consultation, please contact our Melbourne office on +61 3 9602 3988 or submit an enquiry. Advice is available in English, Mandarin and Cantonese.
Justin Chua (蔡智勋), lawyer and mediator, Chua Tan Associates, Melbourne. General information only, not legal advice. Updated October 2026.
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