All Topics / Finance / FHOG question about immigrant/residency
Hi folks,
Wondering where to go to get legal clarity on the below position. I have gone through the WA State Government's website on FHOG and all their documents with a relatively fine-toothed comb but haven't found the solution I want.
My partner is currently a temporary resident in Australia, his application for permanent residency (through work sponsorship) will be submitted in Jan. Who knows how long it will take, thats up to the dept of immigration. Anywhere between 4 weeks – 6 months seems possible.
As a temporary resident he is of course not eligible for FHOG. However once he receives PR he will be eligible.
If he was to buy a vacant block before getting PR, then enter a contract to build once PR is given, are there any eligiblity issues for FHOG? From what I understand, the purchase of a vacant block does not receive FHOG, but you can apply for stamp duty concession (I assume stamp duty is payable upon settlement of land). I understand he can lodge a FHOG application after he has signed a contract to build, and I think it becomes payable once the house is complete and available for dwelling.
I am thinking perhaps he may not receive stamp duty concession since at the time of SD being charged he is ineligible for the grant, but then down the track he should receive the grant which is avialable for purchasing a new dwelling?
One separate question is on what date does a couple become legally defacto? If we are married at the time he will lose eligibility for FHOG as I own property. but there's a defactor clause which states if defacto for 2 years he'll be ineligible but under 2 years should be fine…
I wonder if there is any legislation I can read up on about this, or if it might simply be a matter of applying and leaving the decision in their hands. However if he is ineligible for the FHOG then there is no benefit to keeping the house solely in his name and we'll go joint to improve finance.
Any pearls of wisdom greatly appreciated.
Sorry can't help with the fist query – maybe give the office of state revenue a call.
but as for defacto, you should probably look at the FHOG Act in WA this will state what the definition is for defacto – you may be referred to another Act. in NSW it is defined in the Property (Relationships) Act – and the definition is broad. Should be similar in WA
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
You can also contact the Real Estate and Business Advisory Board (REBA) and they will be able to answer all your questions
I would call them rather then searching the site
Good Luck with it all
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