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  • Profile photo of not_so_luckynot_so_lucky
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    @not_so_lucky
    Join Date: 2008
    Post Count: 121

    My partner bought her first property with 2 other people so she was unable to get her first home owners grant. When she bought her second property (block of land) she was unable to get a first home owners grant because she already had another property.

    We are now planning to refinance and build a house on this block of land. Both our names need to be on the block/loan because she cant get enough money with just her name on the loan.

    However, this now means that now not even I will be able to get the first home owners grant :(

    Is there any way we could do something so at least I can get this grant??? It would really make a big difference and help us a lot.

    Profile photo of marg4000marg4000
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    @marg4000
    Join Date: 2006
    Post Count: 70

    Sorry – no.
    Marg

    Profile photo of newbi2newbi2
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    @newbi2
    Join Date: 2008
    Post Count: 227

    If you are not living together and you purchase the land off her then maybe – but is the extra cost worth it?

    Oh….Did she live in the first place or was it an investment?

    Profile photo of WJ HookerWJ Hooker
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    @wj-hooker
    Join Date: 2007
    Post Count: 272

    Not so lucky,
                           Agree, you are unable to get the grant.
    As above, if her first house was investment then no grant. If she lived in it for 6 months then should have been able to get. And maybe stamp duty rebate also?
                           Are you married or just good friends? Government can check up if you lived together, they don't like to give away money!

    Profile photo of not_so_luckynot_so_lucky
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    @not_so_lucky
    Join Date: 2008
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    The first property wasnt an investment. It was a holiday house. It was in three people's names and she was the only one whose first property that was. This is why she didnt get the frist home owner's grant :(
    We are currently living together but not at the time she purchased the first property. We will be getting married soon…

    Profile photo of atevansatevans
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    @atevans
    Join Date: 2008
    Post Count: 17

    I wouldn't be so quick to disregard.  The following is from the QLD Office of State Revenue.

    You and your spouse must not have previously held an interest in residential property in Australia on or after 1 July 2000 in which you or your spouse have resided (Ownership of an investment property after 1 July 2000 will not prevent you from obtaining the Grant provided you have NOT lived in the home).

    If she purchased the home after 1 July 2000, and has not lived in that home, then she will be entitled.  In my case, I helped out my parents in a bad financial time, and by name only, shared the title and the mortgage for their house with my mum.  This was around 2003.  I had moved out of that house in 2000.  When I built my house, I applied for the FHOG, but was initially rejected.  I appealed the decision as I had not resided in the property while I had an interest in it.  In the end I recieved the FHOG for my new house.

    I would check with the Office of State Revenue – but if you think you should be entitled, don't be afraid to appeal the decision if it goes against you initially.

    Profile photo of not_so_luckynot_so_lucky
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    @not_so_lucky
    Join Date: 2008
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    Thank you all especially atevans :)

    Profile photo of not_so_luckynot_so_lucky
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    @not_so_lucky
    Join Date: 2008
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    I am in SA and I've just been looking at http://www.revenuesa.sa.gov.au/ checklist

    Is each applicant and their spouse/domestic partner a person who has never owned a residential property jointly, separately or with some other person before 1/7/2000, in any State or Territory of Australia?

    As my partner purchased her property with her parents in 2001, this means that the answer to this question is YES? I'm just confused why it makes a difference whether it's before or after 1/7/2000

    Profile photo of not_so_luckynot_so_lucky
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    @not_so_lucky
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    Re: Is each applicant and their spouse/domestic partner a person who has never occupied a residential property in which they held a relevant interest (other than the property to which this application relates), either jointly, separately or with some other person on or after 1 July 2000, in any State or territory of Australia?

    The property which she is one of the owners is a holiday home and she has never been there for longer than a week at a time. Does this mean that the answer to this question would be yes or no? I'm so hopeless at understanding these things :(

    Profile photo of not_so_luckynot_so_lucky
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    @not_so_lucky
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    SA's rules

    Who is eligible to receive the Grant?

    A first home buyer who fulfils the criteria below:

    • An applicant for the grant must be at least 18 years of age.
    • At least one of the applicants must be an Australian citizen or have permanent residency in Australia.  New Zealand citizens permanently residing in Australia, who hold Special Category Visas, may also apply. 
    • For eligible transactions entered into between 1 July 2000 and 31 December 2004, an applicant or their spouse/domestic partner cannot have purchased a property and occupied that property.
    • For eligible transactions entered into on or after 1 January 2005, an applicant or their spouse/domestic partner cannot have purchased a property and occupied that property for 6 months or more.
    • For eligible transactions entered into between 1 July 2000 and 31 December 2004, applicants must occupy the home purchased or built as their principal place of residence within 12 months of the date of purchase or completion of construction.
    • For eligible transactions entered into on or after 1 January 2005, applicants must occupy the home purchased or built, as their principal place of residence for a continuous period of at least 6 months commencing within 12 months after completion of the eligible transaction.
    • Except in cases of legal disability applicants must be natural persons (that is, not a company).
    • Everyone who on completion of the transaction will be an owner of the home is considered an applicant.
    Profile photo of atevansatevans
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    @atevans
    Join Date: 2008
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    Not so sure of the legal ramifications here if she holidayed in that house….though I did visit and stay with my parents over christmas etc and that doesn't count.  I guess if she had a residence elsewhere and was just visiting her investment property….

    If I was in your situation, I would put the application in and see what happens

    Profile photo of not_so_luckynot_so_lucky
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    @not_so_lucky
    Join Date: 2008
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    Thank you so much atevans :)
    Yes, she had a residence elsewhere.

    I hope this works out for us :)

    Profile photo of atevansatevans
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    @atevans
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    Good luck with it all!

    Profile photo of BanjoSmythBanjoSmyth
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    @banjosmyth
    Join Date: 2007
    Post Count: 44

    Hi Atevans

    Thanks for your posts . . . very interesting!

    Cheers Banjo Smyth

    ps. good luck 'notsolucky'

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