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Disposing of PPOR prior to meeting first home stamp duty concession requirements

Discussion in 'Accounting & Tax' started by Art Vandelay, 13th Aug, 2015.

  1. Art Vandelay

    Art Vandelay Well-Known Member

    18th Jun, 2015
    My partner and I recently moved in to our first property (new apartment in Brisbane) and claimed the first home stamp duty concession, as well as the Great Start Grant. It has not taken long to realise that apartment living isn't for us, and we are looking at buying a second property (house) as soon as practicable to move in to, and rent out the apartment. To satisfy the stamp duty concession and GSG requirements, our intial plan was 12 months from moving in, however we are now considering our options of paying the required stamp duty and buying after the 6 month period has elapsed.

    • The GSG requires we move in within the first 12 months of the completed transaction and stay in the property for at least 6 (continuous) months.
    • The fist home stamp duty concession requires we not dispose of part or all of the property before moving in or within 1 year of the date you move in.
    • The home (PPOR) concession requires we live in the home as our PPOR, which we have satisfied/will have satisfied by staying for 6 months.
    I think I'd read on the OSR website (but can't find it now) that should we dispose of the property having not met the first home stamp duty concession requirements, we would be liable to pay stamp duty pro-rata'd for the time it had been our PPOR against the 1yr requirement. If stamp duty liable was at the home (PPOR) concession rate it would come to $3,815, if it was at the IP rate it would be $10,990 (minus any pro-rata'ing).

    Is there a requirement to live in the property for a certain amount of time to qualify for the home (PPOR) concession? ie. if we've lived in it for 6 months then buy another property as our PPOR, will we be liable to pay investment stamp duty or home (PPOR) stamp duty on the first purchase?

    If we could pay PPOR stamp duty instead of IP stamp duty then this would make the decision to buy another PPOR after 6 months easier, however if we would be liable to pay IP stamp duty on the apartment then we would likely stay there for 6 months and buy a true IP on the side, while waiting for the 12 months to elapse.

    Any feedback would be appreciated.