selling my residential unit

I'm 72, single, pensioner living alone in my only unit since 2003 in Qld. I decided to sell my mortgage free unit max $500k to pay $240k entering fee for a retirement unit and pay $200k to my 2 adult children($100k each), and keep the rest in bank account (term deposit) for my emergencies and funeral expenses. I have no other assets rather than a 2012 car worth $9k.

FYI: my daughter is single,non homeowner lives in Qld, my son is married, homeowner, lives in US.

Q = 1- Is it ok to transfer funds to my kids before I die? if not, what is the obligation and how can be resolved?

2-Will they be exempted of paying tax for my contribution from selling my only residential unit (after 17 years) the same as my CGT exemption?

3- To live in a retirement home, will I be considered by centrelink as a homeowner or non-homeowner?

Would you let me know what are the best option I could have to do my wishes.

Than you in advance

Colin

5 comments

Q1.It's your money, you can do what you like with it.

Q2. Yes, no CGT for either of you.

Q3. Paying $240k to enter a Retirement village, you will be considered a Homeowner by Centrelink.

Your Pension will reduce somewhat due to gifting the $200k to kids. In the eyes of Centrelink, you can gift $10000 in one financial year, so the $250k ($190k gift + $60K in the bank) will be a financial asset. However you can have up to $268k of assets and with the low deeming rates at the moment, the income test will not bother you either, so full pension still.


I suggest you get some proper advice about your plans and don't rely on contributors here. There are possible consequences for both you and your son in the USA. You will be sending a considerable amount overseas and there may be tax implications for him under USA tax laws. You cannot gift more than $10,000 in a year to anyone and it will have repercussions for you at Centrelink.

This is a classic example of the consequences of having an asset test on the Age Pension.

Recipients like Colin M should not be made to jump through these bureaucratic hoops.

How simpler it would be if the full pension were paid to all regardless of assets.

Ironically, he may still receive the full pension, but having had to sort through this bureaucratic

nit picking, penny pinching, bean counting nonsense. Good luck Colin M, hope you come

through it all with a full pension which is your right. I'll bet you earned it.

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Colin, I strongly recommend that you see a fully qualified financial adviser. A "qualified" legal adviser can give you "correct" advice, and word that advice in uncomplicated, easy to understand ways.

By going to www.myagedcare.gov.au/financial-support-and-advice you will find lots of help that will set you in the right direction.

NOTE: (And this is VERY important) ...... don't listen to unqualified people or other pensioners (unless the pensioner is legally trained in these matters). Why? Because often these unqualified people are merely presenting their opinions and beliefs. 

Correct legal advice on these complex matters will not cost you a fortune, it will be simplified, and you won't be making any mistakes. 

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