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House buying on 457 visa - stamp duty question

House buying on 457 visa - stamp duty question

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Old Mar 5th 2009, 12:49 am
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Default House buying on 457 visa - stamp duty question

Hello all,

We are in the process of buying a house on a 457 visa. Completion is 27th March (can't wait!)

Is there anybody about who could explain the stamp duty position for me please as we are getting conflicting advice from different people.

Many thanks,

Ren
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Old Mar 5th 2009, 3:45 am
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Default Re: House buying on 457 visa - stamp duty question

What State are you in ?
 
Old Mar 5th 2009, 4:40 am
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Default Re: House buying on 457 visa - stamp duty question

In NSW it appears you are stuffed, despite what may have been posted on here before. Please see my earlier thread this week http://britishexpats.com/forum/showthread.php?t=595151

And the response I got from NSW office handling first time buyers, when I asked them this week:

Dear Roger

Thank you for your email.

For both the First Home Owner Grant and the First Home Plus Schemes, at least one of the applicant must be a permanent resident at the date of the contract.

Regards

XXXXX


Client Service Officer
First Home Benefits
Office of State Revenue
Ph: 1300 130 624
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Old Mar 5th 2009, 5:34 am
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Default Re: House buying on 457 visa - stamp duty question

That is the NSW ruling that was legislated on the 1st March 2009, but there is a short changeover period between the 1st March and 19th April, where you can apply on the old forms, and those forms do not request the Residency Proof.

If you contact the relevant department they will ONLY quote the new rules.

However, if you ask them about the changover period, they should confirm the above.

But if you don't ask, they do want to apply the new rules if they can.

However, you would need to get hold of one of the older application forms, and I doubt that the department would still have them.
You may find a mortgage broker that might still have some left.
 
Old Mar 5th 2009, 9:04 am
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Default Re: House buying on 457 visa - stamp duty question

Hi, I am sorry, I should have said in my post that I am in Queesnland. I will have to change my details on BE. Do you know anything about stamp duty in Queensland?
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Old Mar 5th 2009, 9:10 am
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Default Re: House buying on 457 visa - stamp duty question

Originally Posted by RenShen
Hi, I am sorry, I should have said in my post that I am in Queesnland. I will have to change my details on BE. Do you know anything about stamp duty in Queensland?
Yes, I do


Rules for First Home Buyers
QLD
A person's home is a first home if, before acquiring the home, the person did not hold and has never before held an interest in other residential land in Queensland or elsewhere, other than as a trustee for another person, as a lessee or as a holder of a security interest.

To be eligible, you must:
  • never have held an interest in other residential land anywhere in the world
  • be at least 18 years of age
  • occupy the home as your principal place of residence within one year

There are no questions on the application form regarding citizenship, or residency, therefore it does appear that a person on a Temporary visa can get the First Home Buyers Stamp Duty Concession.
The residence eligibility rules are NOT the same as for the First Home Owner Grant.

http://www.britzinoz.com/page.php?38
 
Old Mar 5th 2009, 9:23 am
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Default Re: House buying on 457 visa - stamp duty question

Ok, thanks for that. So, am I reading this right? As we have owned a property in the UK we won't be classed as 1st time buyers here so won't get the stamp duty concession? Sorry if I sound a bit dim.
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Old Mar 5th 2009, 9:39 am
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Default Re: House buying on 457 visa - stamp duty question

Originally Posted by RenShen
Ok, thanks for that. So, am I reading this right? As we have owned a property in the UK we won't be classed as 1st time buyers here so won't get the stamp duty concession? Sorry if I sound a bit dim.
That would be correct.

Other States, such as NSW, do not have the same "Worldwide Property rule", but they do have the residents only rule.

There probably is a State here somewhere that would allow you to get the concession. But not much good if you know you are in QLD.
 
Old Mar 5th 2009, 10:15 am
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Default Re: House buying on 457 visa - stamp duty question

Oh bugger! Thanks for your help though. Ren xx
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Old Mar 5th 2009, 5:21 pm
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Default Re: House buying on 457 visa - stamp duty question

Originally Posted by RenShen
Ok, thanks for that. So, am I reading this right? As we have owned a property in the UK we won't be classed as 1st time buyers here so won't get the stamp duty concession? Sorry if I sound a bit dim.
How do they check if you have ever owned another property outside of Oz ?
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Old Mar 5th 2009, 10:13 pm
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Default Re: House buying on 457 visa - stamp duty question

has anyone actually clarified what the legislation - not the handouts/website summary bumpf - actually says about where "elsewhere" actually is?
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Old Mar 5th 2009, 10:25 pm
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Default Re: House buying on 457 visa - stamp duty question

Duties Act 2001 says
(2) A person’s home is the person’s first home if, before
acquiring the home—
(a) the person did not hold, and never before held, an
interest in other residential land in Queensland or
elsewhere other than—
(i) as trustee for another person; or
(ii) as lessee; or
(iii) as the holder of a security interest; and
(b) the person was not, and had never been, a vacant land
concession beneficiary in relation to land other than the
residential land on which the home is constructed.
so that doesn't define elsewhere. Where are they getting the elsewhere in the world as opposed to elsewhere in OZ? I understand other states rule as elsewhere in oz.

mmm, more research needed
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Old Mar 5th 2009, 11:01 pm
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Default Re: House buying on 457 visa - stamp duty question

Hi

we bought a house in nov 08 and were on a 457, not entitled to any of grants, had to pay stamp duty, but the lesser amount about $7000. Hope this helps, sorry couldn't be much clearer.
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Old Mar 5th 2009, 11:16 pm
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Default Re: House buying on 457 visa - stamp duty question

Originally Posted by cambridge lot
Hi

we bought a house in nov 08 and were on a 457, not entitled to any of grants, had to pay stamp duty, but the lesser amount about $7000. Hope this helps, sorry couldn't be much clearer.
Could you confirm what State this is and explain 'lesser' amount? i.e. do you mean that you qualified for a part reduction?
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Old Mar 6th 2009, 2:49 am
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Default Re: House buying on 457 visa - stamp duty question

Originally Posted by Safin
Duties Act 2001 says


so that doesn't define elsewhere. Where are they getting the elsewhere in the world as opposed to elsewhere in OZ? I understand other states rule as elsewhere in oz.

mmm, more research needed
I would have thought that Elsewhere meant exactly that - Elsewhere, be it QLD, NSW, TAS, the UK, the USA, Russia, Zambia...


S
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