All Topics / Help Needed! / Principal place of residency

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  • Profile photo of KKKK
    Participant
    @katruby
    Join Date: 2017
    Post Count: 1

    I am being investigated by the victorian state revenue office.

    They are suggesting that I have not complied due to the lack/ low usage in terms of utilities ie. Water, electricity.

    They are requesting I send 5 years 2013-2017
    Water bills
    Home insurance
    Car insurance
    Licence
    Photos of inside the house
    Correspondence with my address
    Renovation bills

    I was wondering under the freedom of information act am I able to request what information they have in my file?
    Second they are questioning my lifestyle. In 2013/14 I was a Carer for my father which meant at times I stated overnight SRO are now requesting number of days per week.

    I am a DYI renovator on my home. Currently I do not have a kitchen / laundry and use laundrymats and BBQ. I use battey operated lighting. I am trying very hard to save and had just saved for a kitchen. I work long hours 8:00am – 9:00pm. I will no longer afford a kitchen due to 5 years of land tax they say I owe because it’s not my PPR.

    Can someone give me some advice. Is this a breach of my freedom to live a lifestyle a choose to be able to save and move ahead.

    Profile photo of BennyBenny
    Moderator
    @benny
    Join Date: 2002
    Post Count: 1,416

    Hi KK,
    Wow, what an interesting question. Now, upfront, I am not a lawyer or any kind of professional adviser (just so you know) but others on here are, and I hope they step in to assist you.

    Meanwhile, I just wanted to give you the “reasonable man” argument and perhaps a few ideas that at least give you a nudge in a direction that may help.

    First, I would think that there are some areas in which you can comply that will add weight to your assertion that this IS your home – e.g. the correspondence to you would still be providing evidence (unless you do it all by email, and even then there will be an address for your rates, water, etc). Your Drivers Licence would certainly have that address on it, yeah? And these I think would be key points in your assertion.

    As you say, your lifestyle might well be different re utility usage, and there is no crime in that. Your penchant for DIY would have an effect too. The bit about having “no kitchen” might be something that others can comment on – I would think that if you are “in between” an old kitchen and a new one (yet to be installed) then there is no issue. But is there anything in the law that says “A PPOR is not valid if it is uninhabitable – and, does having no kitchen make it that way?”

    By the way, I am hearing that some units these days DON’T have a kitchen – perhaps just a microwave – and they are built that way. Re not using lots of electricity – your lifestyle choices might mean you don’t cook that much at home anyway (even if you had a kitchen) and I don’t believe laws can compel you to do so – yet!!

    Maybe something as simple as a Stat Dec (Statutory Declaration) made by yourself with the help of your solicitor, and backed up by some evidence (D/L, rates notice, electoral roll mail) might be all that is needed. It seems to me like you SHOULD be OK, even though some of these questions sound a bit alarming, and even “over the top”.

    Good luck with it, KK

    Benny

    Profile photo of TerrywTerryw
    Participant
    @terryw
    Join Date: 2001
    Post Count: 16,213

    Is this a breach of my freedom to live a lifestyle a choose to be able to save and move ahead.

    No.
    But you will need to prove that the property was your principal place of residence to avoid having to give back any grants and fines.

    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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