All Topics / Help Needed! / FHOG and stamp duty deferral
Hi, Really need some clear advice on my current situation….
I Purchased an investment unit in NSW in 2006, and purchsed an investment property in NSW in 2007. I have never lived in either of these – they are purely IP's and I have not claimed the FHOG or any type of concessions.
I am about to exchange on my first property to live in (my first PPOR) in latham, ACT. I have lived on ADF service accomodation previously. Now my question is, am i entitled to the FHOG AND stamp duty deferral?????
I want to get the stamp duty deferral because then I can afford a 20% deposit and avoid mortgage insurance, and simply pay the stamp duty at a later date. From the people ive asked (mortgage broker, solicitor) I have not yet got a clear answer. I am confused because on the act revenue site (http://www.revenue.act.gov.au) It says this under the eligibility paragraph for the deferred duty scheme…..
To be eligible for the deferred duty scheme:
- the applicant must meet the eligibility criteria for either the relevant Home Buyer Concession Scheme, or the First Home Owner Grant; and
- the property must be priced at or below the upper property threshold under the relevant Home Buyer Concession Scheme; and
- the duty deferred must be $1,000 or greater (DI2007-248).
So, thats fine – I clearly meet criteria 2 and 3…So all i need to do is make sure im eligible for the FHOG right?
Here is the FHOG eligibility criteria…
A first homebuyer, who fulfils the eligibility criteria listed below.
- At least one of the applicants must be an Australian citizen or have permanent residency in Australia. A New Zealand citizen who holds a special category visa under section 32 of the Migration Act 1958 (Cwlth) is considered to be a permanent resident and thus qualifies.
- None of the applicants can have previously owned or currently hold an interest in a home anywhere in Australia.
- Applicants must occupy the home, purchased or built, as their principal place of residence for a continuous period of at least six months, beginning within 1 year of settlement or completion of construction.
- Applicants must be at least 18 years old.
So, criteria 1,3 and 4 – no problem. Now – criteria 2 uses the word "home". I havnt owned a "home", ive only owned IP's. Surely the definition is referring ONLY to a PPOR, not a "house" for other people.
So im pretty sure I am eligible for both of these, if my definitions are correct. Can anyone confirm this and put my mind at ease??
Thanks,
RohanHi Rohan,
It is different for all states – but in NSW you would still receive grant, but miss out on stamp duty concession.
However, a quick look at the ACT site, does indeed say that if you qualify for the FHOG, you can apply for the s/d deferment concession.and based on your provided info, you do qualify.
Read the top of page 2 on the act FHOG application form and you will see what Ii mean,
http://www.revenue.act.gov.au/__data/assets/pdf_file/0008/62981/FHOG_application_form.pdf
All good!
All the best,
Cheers
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