All Topics / Help Needed! / FHOG – help needed

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  • Profile photo of god_of_moneygod_of_money
    Participant
    @god_of_money
    Join Date: 2008
    Post Count: 970
    December 16, 2008 - 4:15 am

    Hi all,

    Just wondering whether could help us answering the question

    One of my best friend will get married next year. Her boyfriend already owned property (owner occupier).
    She is thinking about purchasing a property (as owner occupier) prior to marriage.

    Questions:
    1. What is the legal implication of accessing FHOG on 'de-facto' relationship?
    2. How do they (OSR/ATO) check the status of 'married' if it hasn't be registered?

    Thank you

    Profile photo of ducksterduckster
    Participant
    @duckster
    Join Date: 2004
    Post Count: 1,674
    December 16, 2008 - 9:44 am

    Question one : Not eligible see below

    See http://www.sro.vic.gov.au/sro/SROWebSite.nsf/rebates_fhog.htm#3
    from that web site
    see http://www.firsthome.gov.au/ and pick state you live in.

    3. Are you eligible to receive the grant?

    To be eligible to receive the grant, the following criteria must be satisfied:

    • You and your spouse/partner must not have received a grant in any State or Territory of Australia.
    • You and your spouse/partner must not have owned residential property, either jointly, separately or with some other person prior to 1 July 2000, in any State or Territory of Australia
    • You and your spouse/partner must not have occupied for a continuous period of at least 6 months, a residential property in which either of you acquired a relevant interest on or after 1 July 2000 in any State or Territory of Australia.


    What do you mean by spouse/partner

    A person is a spouse of another if they are legally married to each other. A person is a partner of another if they are in a domestic relationship regardless of gender.

    Question two.

    Doesn't matter as defacto is also affected. Previous Tax returns you have submitted would tell ATO what your residental addresses are.

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213
    December 17, 2008 - 12:43 am

    And what is the definition of "domestic relationship"?

    In NSW spouse refers to married partners and defacto partners living together
    http://www.austlii.edu.au/au/legis/nsw/consol_act/fhoga2000250/s6.html

    So if you are engaged to marry and are not living together you should still qualify.

    Please check the legislation in your state.

    Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
    http://www.Structuring.com.au
    Email Me

    Lawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au

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