Bought a ppor. Now I have to move.

Discussion in 'Legal Issues' started by 13161, 24th Dec, 2017.

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  1. 13161

    13161 Active Member

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    Merry Christmas everyone,

    So here's a dilemma of minor nefariousness.

    I recently bought a ppor. All good.

    Got myself the stamp duty discount.

    Deal says gotta live there 12 months. I say sure, because that was the plan.

    No longer the plan. Next house to buy will be in wife's name.

    I'm thinking to solve the problem I could rent my house to a friend move into wife's house. A year later officially move.

    I also know metadata know where my phone is all the time.

    Any hopefully legal solutions ideas for this one?

    Obviously I could just refund $30k but that's no fun.
     
  2. Marg4000

    Marg4000 Well-Known Member

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    Refund the money.
    Anything else is fraud.
    Marg
     
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  3. skater

    skater Well-Known Member

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    Why do you have to move?
     
  4. qak

    qak Well-Known Member

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    Not so minor then, is it?
     
  5. 13161

    13161 Active Member

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    The problem isn't minor the nefariousness is. :)
     
  6. 13161

    13161 Active Member

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    Prefer not to say.
     
  7. 13161

    13161 Active Member

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    Yep, certainly easier. I could wait it out, I'm thinking this is what I'll do.
     
  8. Westminster

    Westminster Tigress at Tiger Developments Business Member

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    Question 1 - does your wife already have a house and were you together when you got the FHOG? Because that's not allowed.

    Question 2 - are there extenuating circumstance, like your job got transferred interstate that prevents you living in it?

    Question 3 - how long have you lived in it?

    Question 4 - can you simply leave it vacant for the remainder of the qualifying time. This is probably the less fraudy way of meeting the criteria
     
  9. Trainee

    Trainee Well-Known Member

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    What does wait it out mean?
     
  10. Marg4000

    Marg4000 Well-Known Member

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    How can anything be "less fraudy "?

    The condition is that you live there for 12 months.

    Anything else is fraud and you run the very real risk of being caught out.
    Marg
     
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  11. 13161

    13161 Active Member

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    Wait for 12 months. That's the obstacle. After 12 months of living in PPOR with stamp duty concession then you can rent it out as far as I understand it.
     
  12. 13161

    13161 Active Member

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  13. 13161

    13161 Active Member

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    1 - I know. We qualified properly.
    2. Yes.
    3. 1 month. All things aside, I'm loathe to move again anyway, I'm pretty minimalist but there's still the hassle of stuff.
    4. Yeah, that's actually an option although I think if I'm not living there it's still a bit wrong as it doesn't satisfy the criteria.

    To be safe I think I'll have the option to do that, but live in it for half a week and be away the other week, or at least have my wife in it that whole time. So, it's hardly moral turpitude.

    All in all, as suggested, it'd be best to just wait out another 11 months here before moving out. I couldn't bare the insane travel I'd have to do otherwise. Basically, suspending the move.

    Thanks for your help everyone.

    Merry Christmas.
     
  14. Foxdan

    Foxdan Well-Known Member

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    I’m pretty sure you don’t have to live in for 12 months. I think it just needs to be your PPOR sometime during the first 12 months. U should probably just go ask your conveyancer or tax accountant to check the rules .
     
  15. 13161

    13161 Active Member

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    Hey thanks,

    Unfortunately I didn't like my last conveyancer much.

    I did find this though

    Residency requirement
    At least one purchaser must use the home as a principal place of residence (their home) for a continuous period of 12 months, starting within 12 months of becoming entitled to possession of the purchased property (this normally occurs at settlement)
     
  16. DaveM

    DaveM Well-Known Member

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    Abide by the terms of the stamp duty discount (live in it for a year commencing within first year) or repay the stamp duty. Those are the two options, it isnt rocket surgery.
     
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  17. Foxdan

    Foxdan Well-Known Member

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    Seems pretty straight forward requirement.
     
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  18. 13161

    13161 Active Member

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    I'm not sure this tone or attitude is so becoming
     
  19. skater

    skater Well-Known Member

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    I'm not so sure the attitude of trying to get away with NOT paying it back is so becoming.
     
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  20. 13161

    13161 Active Member

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    I was asking for a legal solution you're just being rude. I hate forums for this kind of reason.

    I can live with myself asking the question. I'm not sure I could justify belittling a stranger though.