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Can I Sell My Property To My Son For $1?

Thomas Roberts
Written By Thomas Roberts
Thomas Roberts
Thomas Roberts Founder, Which Real Estate Agent
Thomas Roberts founded Which Real Estate Agent in 2011. Since inception over 44,000 Australians have used its services to navigate one of life's most significant emotional and financial decisions.
Founder, Which Real Estate Agent Updated Mar 17, 2026

Many parents want to help their children enter the property market, especially as housing prices across Australia continue to rise. One idea that often comes up is selling a home to a child for a symbolic price such as $1. At first glance, this may seem like a simple way to transfer ownership while keeping the property within the family.

However, property transfers in Australia are rarely that straightforward. Even if you sell your property to your son for $1, the government may still treat the transaction as if it occurred at full market value for tax purposes. This means taxes such as capital gains tax (CGT) and stamp duty could still apply.

Understanding how this works is important before making any decisions. Property transfers between family members often involve legal documentation, tax rules, and financial planning considerations.

In this guide, you will learn:

  • Whether selling a property to your son for $1 is legal in Australia
  • How capital gains tax and stamp duty may still apply
  • Why governments assess transfers based on market value rather than sale price
  • The legal steps required to transfer property between family members
  • Safer alternatives families use to transfer property to children

If you are planning to transfer property to your child, understanding these rules can help you avoid unexpected tax bills and legal complications.

Key Takeaways

  • Yes, you can legally sell your property to your son for $1 in Australia, but tax authorities usually assess the transaction using the property’s market value, not the $1 sale price.
  • Even when selling property to a family member for $1, capital gains tax (CGT) and stamp duty may still apply depending on the property’s value and how it was used.
  • The Australian Taxation Office market value substitution rule means property transfers between family members are often treated as if they occurred at full market value.
  • If a home worth $800,000 is sold for $1, the difference may be treated as a gift, which can affect Centrelink asset tests and pension eligibility.
  • Stamp duty is typically calculated based on market value rather than the discounted sale price, meaning buyers may still pay tens of thousands of dollars in tax.
  • Many families consider selling property to children below market value to help them enter the property market, support estate planning, or keep property within the family.
  • Alternatives such as gifting a deposit, creating a family loan, shared ownership, or transferring property through estate planning are often simpler and more tax efficient.
  • Before transferring property to a child, it is usually recommended to speak with a solicitor, tax accountant, or financial adviser to understand legal requirements and avoid unexpected costs.

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Is It Legal to Sell Property to Your Son for $1?

Yes. In Australia, it is technically legal to sell property for any price agreed between two parties, including a symbolic amount like $1. Property law allows private sellers and buyers to determine the sale price.

However, the key issue is how tax authorities and state revenue offices assess the transaction.

Why Governments Look At Market Value? 

When property is transferred between related parties such as parents and children, the transaction is considered non arm’s length. This means authorities assume the sale price may not reflect the true value of the property.

Because of this, the Australian Taxation Office (ATO) applies the market value substitution rule. Under this rule, if you transfer property to a family member for less than it is worth, the tax office treats the transaction as if it occurred at the property’s full market value.

This rule exists to prevent people from avoiding tax by transferring assets at artificially low prices. Even if you sell your house to your son for $1, authorities may still treat the transfer as if the property sold for its real value.

For example:

ScenarioSale PriceMarket ValueTax Assessment
Parent sells house to son$1$700,000Government treats sale as $700,000
Parent gifts house$0$700,000Government treats sale as $700,000
Parent sells house normally$700,000$700,000Government treats sale as $700,000

Because of this rule:

  • Capital gains tax may be calculated using market value
  • Stamp duty may also be based on market value
  • The difference between the price and value may be treated as a gift

This is why selling a property for $1 rarely eliminates taxes or fees.

Important Taxes That May Still Apply

When transferring property to a child, the following costs often still apply:

  • Capital gains tax if the property is not your primary residence
  • Stamp duty charged by state governments
  • Legal and conveyancing fees
  • Valuation costs required to establish market value

For example, stamp duty rates in many Australian states increase progressively and can reach around $5.50 per $100 of property value for higher price brackets depending on the location.

This means a $700,000 property transfer could still result in tens of thousands of dollars in stamp duty, even if the sale price was only $1.

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Why Some Parents Sell Property to Their Children for $1?

Many families explore the idea of selling a property to a child for $1 as a way to help the next generation secure housing. With property prices rising across Australia, some parents look for creative ways to support their children while keeping assets within the family.

While the symbolic $1 sale sounds unusual, the motivation behind it is often practical. In most cases, the sale price is not intended to reflect the property’s true value. Instead, it represents a family transfer arrangement.

The median value of homes across Australia reached a record $880,000 in December 2025, reflecting continued growth in the national housing market. Strong price increases in cities such as Brisbane, Adelaide, and Perth helped push national values higher, even as Sydney and Melbourne recorded slight monthly declines. These rising prices have made it increasingly difficult for first home buyers to enter the property market without financial support from family or alternative assistance programs.

Because of this affordability challenge, many parents look for ways to assist their children financially.

Common Reasons Families Consider This Strategy

Parents may consider selling property to their children for a symbolic amount for several reasons.

Helping Children Buy Their First Home

Saving a deposit is one of the biggest barriers for first home buyers. By transferring property within the family, parents may help their children avoid years of saving.

Estate Planning

Some families prefer to transfer assets before death rather than leaving everything through a will. This can simplify inheritance planning and reduce disputes later.

Keeping Property Within The Family

Certain properties hold sentimental value, such as a long owned family home or investment property. Selling the property to a child can ensure it stays within the family rather than being sold on the open market.

Reducing Potential Inheritance Disputes

Transferring property while parents are still alive may help clarify how assets are distributed among children. However, this must be handled carefully to avoid future disagreements.

Providing Financial Support To Younger Generations

Rising housing costs have increased reliance on family support. According to research from the Australian Housing and Urban Research Institute, around 60% of first home buyers in Australia receive some form of financial assistance from family members when purchasing property.

Because of these pressures, family property transfers have become more common as parents look for ways to help their children achieve home ownership.

A Symbolic Sale Versus A Real Market Transaction

In most cases, selling a property for $1 is not intended to function like a normal property sale.

Instead, it is usually viewed as a symbolic transaction, where ownership is transferred while the financial value of the property is effectively gifted.

However, even though the sale price may be symbolic, government authorities typically assess the transaction based on the property’s true market value. This is why families need to understand the tax implications before moving forward.

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Tax Implications of Selling Property to Your Son for $1

One of the most important things to understand about selling property to a child for $1 is that tax obligations usually still apply. Even though the price is symbolic, Australian tax authorities generally assess the transfer based on the property’s market value.

This means both the parent and the child may still face financial obligations during the transfer process. These costs can include capital gains tax, stamp duty, and potential gift related implications.

Because property values in Australia are high, these taxes can sometimes be significant. As of 2025, the national median dwelling value exceeded $880,000, reflecting strong long term property growth across the country.

Understanding how these taxes work can help families avoid unexpected costs when transferring property between family members.

Capital Gains Tax (CGT)

Capital gains tax is one of the most common tax issues when transferring property to a child.

In Australia, capital gains tax applies when you sell or transfer an asset that has increased in value. The Australian Taxation Office uses the market value substitution rule if a property is sold below market price or transferred to a related party.

This means the tax office may treat the transaction as if the property was sold at full market value, even if you sold it for $1.

When Cgt May Apply

Capital gains tax usually applies if the property is:

  • An investment property
  • A holiday home
  • A rental property
  • Land held as an investment

If the property has increased in value since it was purchased, the capital gain may be taxed.

When Cgt May Not Apply

In many cases, capital gains tax does not apply to a primary residence.

The ATO provides a main residence exemption, which means homeowners may not need to pay CGT when selling the home they live in.

However, there are exceptions. For example, if the property was previously rented out or used for business purposes, partial capital gains tax may still apply.

Stamp Duty

Stamp duty is another major cost when transferring property in Australia.

Stamp duty is a state government tax that applies when property ownership changes. Even if the property is sold for $1, state revenue offices usually calculate stamp duty based on the market value of the property.

This rule exists to prevent property transfers from being used to avoid taxes.

For example, stamp duty rates vary by state but can be substantial.

Property ValueApproximate Stamp Duty Example (NSW)
$500,000about $17,990
$700,000about $26,990
$1,000,000about $40,490

Because of this, the child receiving the property may still need to pay tens of thousands of dollars in stamp duty, even if the purchase price is only $1.

Some states provide limited exemptions for family transfers, but these usually apply only in specific circumstances such as divorce settlements or deceased estates.

Gift Rules

When a property is sold to a family member for far less than its market value, the difference between the two amounts is often treated as a gift.

For example:

Property Market ValueSale PriceGift Amount
$800,000$1$799,999
$600,000$100,000$500,000
$700,000$350,000$350,000

In these situations, the property transfer may be considered part sale and part gift.

While Australia does not have a direct gift tax, large gifts may still affect:

  • Centrelink asset tests
  • Age pension eligibility
  • Financial assessments for government benefits

Under Centrelink rules, individuals can generally gift up to $10,000 per financial year and up to $30,000 over five financial years without affecting pension asset assessments.
If the gift exceeds these limits, the excess amount may still be counted as part of the parent’s assets for five years.

Understanding these tax rules is essential before transferring property to a child. Even when the sale price is symbolic, the financial consequences can still be significant.

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How Property Transfers Between Family Members Usually Work

Although selling a property to your son for $1 is technically possible, most family property transfers in Australia follow a more structured process. This helps ensure the transfer complies with tax laws, property regulations, and financial reporting requirements.

Because authorities usually assess property transfers based on market value, many families choose approaches that are easier to document and legally safer. These methods can also help avoid unexpected tax consequences later.

Property transfers between family members often involve professional advice, formal contracts, and government registration. According to the Australian Taxation Office, property transfers between related parties must still follow standard legal procedures to ensure the transaction is properly recorded and taxed.

Below are some of the most common ways families transfer property to children.

Selling at Market Value

One of the simplest and safest options is selling the property to your child at its full market value.

Even though the transaction occurs within the family, the sale works like a normal property transaction.

Typical steps include:

  • Obtaining a professional property valuation
  • Signing a contract of sale
  • Completing settlement through conveyancers
  • Registering the transfer with the state land titles office

The parent may then choose to gift money back to the child separately to help with the purchase. This approach keeps the property transaction clear and avoids complications with tax authorities.

Gifting Property Through Legal Transfer

Another option is to transfer the property as a direct gift.

Instead of selling the property, the parent transfers ownership without a traditional sale.

However, even though the property is gifted:

  • Capital gains tax may still apply
  • Stamp duty may still be calculated using market value
  • Legal transfer documentation is required

Because of these implications, families often consult a solicitor or accountant before choosing this option.

Gradual Ownership Transfer

Some families prefer to transfer ownership gradually rather than all at once.

This can involve:

  • Adding the child to the property title
  • Transferring a percentage of ownership over time
  • Creating joint ownership arrangements

Gradual transfers may sometimes help manage tax implications or simplify estate planning, although professional advice is still essential.

Estate Planning Through Wills or Trusts

Another common strategy is transferring property through inheritance planning.

Instead of transferring the property during their lifetime, parents include the property in a will or place it within a trust structure.

This approach may help families:

  • Avoid immediate tax complications
  • Distribute assets fairly among children
  • Maintain control of property during retirement

However, each family’s financial situation is different, so professional advice is often recommended.

Legal Steps to Transfer Property to Your Child

Transferring property between family members still requires following formal legal procedures. Even when the transfer occurs within the family, it must be recorded with the relevant state authorities.

Skipping these steps can create serious legal and financial problems later.

While the process may vary slightly between states, most property transfers follow a similar structure.

Typical Steps In A Family Property Transfer

  1. Obtain an independent property valuation

A professional valuation helps determine the market value of the property. This value is often used to calculate stamp duty and potential capital gains tax.

  1. Speak with a solicitor or conveyancer

A property solicitor or conveyancer prepares the legal documents required for the transfer. They ensure the process follows state property laws.

  1. Review tax implications with an accountant

A tax professional can help determine:

  • Whether capital gains tax applies
  • Whether the transfer affects pension eligibility
  • Any financial consequences for the family
  1. Prepare the contract or transfer documents

Depending on the arrangement, the transfer may involve:

  • A standard contract of sale
  • A property transfer form
  • Supporting legal declarations
  1. Pay government fees and taxes

This may include:

  • Stamp duty
  • Land registry fees
  • Conveyancing costs

Stamp duty can be one of the largest costs during a property transfer. State revenue offices assess this tax based on market value in most family transfers.

  1. Register the transfer with the land titles office

The final step is lodging the documentation with the state land titles office, which officially records the new owner of the property.

According to state land registry authorities, property ownership does not legally change until the transfer is registered in the land titles system.

Once this step is complete, the child becomes the legal owner of the property.

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Potential Risks of Selling Property for $1

Before transferring property to your son for $1, it is important to understand the potential risks. While the idea may seem simple, family property transfers can create financial, legal, and personal complications if they are not carefully planned.

Because authorities typically assess property transfers based on market value rather than the sale price, unexpected costs may still arise. Understanding these risks can help families make better decisions before proceeding.

Unexpected Tax Bills

One of the biggest risks is receiving unexpected tax obligations.

Even when a property is sold for $1, authorities may calculate taxes based on the full market value of the property. This can lead to:

  • Capital gains tax for investment properties
  • Significant stamp duty costs for the buyer
  • Additional reporting requirements

For example, if a property valued at $800,000 is transferred to a child, stamp duty alone could exceed $30,000 to $40,000 depending on the state.

Many families assume a $1 sale avoids these costs, but in most cases it does not.

Family Disputes

Property transfers within families can sometimes create tension, particularly if multiple children are involved.

Potential issues include:

  • Other children feeling unfairly treated
  • Disagreements over inheritance
  • Future disputes about property ownership

Even when the intentions are positive, misunderstandings can arise later if the arrangement is not clearly documented.

Loss Of Pension Or Government Benefits

Large property transfers may affect eligibility for government benefits.

Under Centrelink rules, assets that are gifted above certain limits may still be counted as part of a person’s assets for five years. This can influence eligibility for payments such as the Age Pension.

According to Australian Government, individuals can generally gift up to:

  • $10,000 per financial year
  • $30,000 over a five year period

Amounts above these limits may still be assessed under the pension assets test.

This means transferring a property worth hundreds of thousands of dollars could impact pension eligibility.

Future Financial Complications

Selling property for a symbolic price may also create long term financial challenges.

For example:

  • Parents may lose control of a valuable asset
  • The child may later sell the property, triggering taxes
  • The property may be affected by divorce or financial difficulties

Because of these possibilities, many financial advisers recommend carefully reviewing family property transfers before making a final decision.

Alternatives to Selling Your Property for $1

Because selling a property for $1 can create tax complications, many families consider alternative ways to help children enter the property market. These options often provide financial support while reducing legal and tax risks.

Choosing the right approach depends on the family’s financial situation, long term goals, and estate planning strategy.

Gifting Money Instead

One of the most common ways parents help their children buy property is by gifting money for a deposit.

This approach allows the child to purchase the property independently while avoiding complex property transfer rules.

Benefits of this option include:

  • Simpler legal process
  • Standard property transaction for the child
  • Reduced risk of tax complications for the parent

Family financial support has become increasingly common in Australia’s housing market. The trend is often referred to as the “Bank of Mum and Dad,” where parents provide financial assistance to help their children buy property. Estimates suggest that around 1 in 5 first-time home buyers receive help from their parents, with the average parental contribution reaching about A$74,000 toward a home deposit in 2025. 

Family Loan Agreements

Another option is creating a structured family loan.

Instead of gifting money, parents lend funds to their children to help them purchase property.

These agreements typically include:

  • Loan amount
  • Interest terms
  • Repayment schedule
  • Legal documentation

A formal agreement can protect both parties and reduce the risk of disputes later.

Partial Ownership

Some families choose to purchase property jointly with their children.

In this arrangement, parents and children share ownership of the property.

This strategy may allow families to:

  • Combine borrowing capacity
  • Share property costs
  • Gradually transfer ownership over time

However, shared ownership also means shared legal and financial responsibilities.

Estate Planning Transfers

Another alternative is transferring property through estate planning tools such as wills or family trusts.

This approach allows parents to maintain control of the property during their lifetime while ensuring it is passed to their children in the future.

Estate planning can also help families distribute assets more fairly among multiple children.

Because each family’s financial situation is different, professional advice is often essential when considering this strategy.

When Selling Property to a Child Might Make Sense

Despite the potential risks, transferring property to a child can still make sense in certain situations. With proper legal and financial advice, families can structure the transfer in a way that aligns with their long term goals.

Here are some situations where this type of transfer may be considered.

Downsizing Parents Transferring A Home

Some parents who are downsizing may prefer to transfer their home to their children rather than selling it on the open market.

This allows the property to remain within the family while the parents move to a smaller home or retirement property.

Estate Planning Before Retirement

Some families transfer assets earlier in life to simplify inheritance planning.

This may reduce complications later and ensure property is distributed according to the family’s wishes.

Supporting Children In Expensive Housing Markets

Property prices in Australia remain high, particularly in capital cities.

According to Cotality’s Home Value Index, Australian property values recorded strong growth in 2025, rising 8.6% nationally and adding around $71,400 to the median dwelling value, marking the strongest annual gain since 2021. As housing affordability becomes more challenging due to rising property prices, some parents choose to transfer property to their children to help them achieve home ownership sooner.

Family Investment Strategies

In some cases, families transfer property as part of a long term investment plan.

For example, parents may transfer ownership of an investment property to a child who plans to manage the asset in the future.

However, these strategies should always be carefully structured to avoid unintended tax consequences.

Should You Speak to a Solicitor Before Transferring Property?

Yes. Professional advice is strongly recommended before transferring property to a child.

Even when the transfer occurs within a family, property transactions involve complex legal and financial rules. A solicitor or financial professional can help ensure the process complies with Australian laws and avoids unnecessary costs.

Professionals who can help

Property Solicitor

A solicitor can prepare legal documents, manage the transfer process, and ensure ownership is correctly registered.

Tax Accountant

An accountant can explain how the transfer may affect capital gains tax, stamp duty, and other financial obligations.

Financial Adviser

A financial adviser can review the transfer within the broader context of retirement planning, estate planning, and family finances.

Seeking professional advice early can help families make informed decisions and avoid unexpected financial consequences.

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FAQs About Selling My Property for $1 to My Son

Can I legally sell my property to my son for $1 in Australia?

Yes, it is technically legal to sell property to your son for $1. However, the Australian Taxation Office usually assesses the transaction using the property’s market value, which means taxes like capital gains tax and stamp duty may still apply.

Do I have to pay capital gains tax if I sell my house to my son for $1?

Possibly. If the property is an investment property, capital gains tax may be calculated using the market value rather than the $1 sale price. However, the main residence exemption may apply if the property is your primary home.

Can I transfer property to my child without selling it?

Yes. Property can be transferred through gifting, estate planning, shared ownership, or inheritance. However, taxes such as capital gains tax and stamp duty may still apply depending on the situation.

What is the safest way to transfer property to a child in Australia?

Many families sell the property at market value and then gift money to help the child purchase it. Others use estate planning, trusts, or shared ownership. Speaking with a solicitor or tax professional helps ensure the transfer follows Australian property laws.

Can selling property to a child affect pension eligibility?

Yes. Large gifts or discounted property transfers may affect Centrelink asset tests. Gifts above $10,000 per year or $30,000 over five years may still be counted as assets for pension eligibility calculations.

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