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vincechaos(Newbie)Newbie
3 Jan 2023

Hi Team,


Hope you are all doing well.


I plan to avail of the First home super saver scheme to buy my first home. The amount of $50K was accumulated for 3.5yrs. However, I just got married recently and wondering if I can still buy a house under my name only using the FHSS. My thinking is that I will exclude my wife and I will be the only one who is liable for the home loan and who owns the property. This is because we plan to have my wife purchase a different property using her FHSS given that she hasnt maxed out her $50K FHSS yet.


Will this scenario still allow my wife to buy another property using her FHSS since she is not the owner of the house I bought and does not pay the mortgage? I am just worried that my wife cant avail of the FHSS once I get my first home since we are married. 


Based on the Eligibility, he/she never owned property in Australia – this includes an investment property, vacant land, commercial property, a lease of land in Australia, or a company title interest in land in Australia (unless the Commissioner of Taxation determines that you have suffered a financial hardship)


Thank you


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3,419 views
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JodieR_ATO(Community Support)Community Support
3 Jan 2023

Hi @vincechaos,

 

Thanks for the question and congratulations to you and your wife.


Your wife can use the First Home Super Saver Scheme (FHSSS) separate to you to purchase her own home.

 

One of the eligibility criteria for the FHSSS is an individual must have never owned property in Australia – this includes an investment property, vacant land, commercial property, a lease of land in Australia, or a company title interest in land in Australia (unless the Commissioner of Taxation determines that you have suffered a financial hardship) but this is not the only criteria. There are other eligibility and post release requirements for the FHSSS that you and your wife will need to carefully consider and abide by.

 

Two such criteria that would need to be met by your wife (these requirements will also apply to you if you purchase property):

  • Your wife will need to occupy the premises she buys or intend to as soon as practicable.
  • Your wife will intend to occupy the property for at least 6 months within the first 12 months she owns after it is practical to move in.

There are other tax implications you may need to consider, one example is (but not the only one) the main residence exemption and having a different main residence to your spouse. We recommend you seek out your own independent advice on these matters.

Remember, couples, siblings, or friends can each access their own eligible FHSS contributions to purchase the same property. If any of you have previously owned a home, it will not stop anyone else who is eligible from applying.

You can view Who is eligible to request a FHSS Determination and About the FHSS scheme for more information which is available on our website.

 

You can also review the handy information on the FHSS essentials Factsheet.

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Most helpful reply

JodieR_ATO(Community Support)Community Support
3 Jan 2023

Hi @vincechaos,

 

Thanks for the question and congratulations to you and your wife.


Your wife can use the First Home Super Saver Scheme (FHSSS) separate to you to purchase her own home.

 

One of the eligibility criteria for the FHSSS is an individual must have never owned property in Australia – this includes an investment property, vacant land, commercial property, a lease of land in Australia, or a company title interest in land in Australia (unless the Commissioner of Taxation determines that you have suffered a financial hardship) but this is not the only criteria. There are other eligibility and post release requirements for the FHSSS that you and your wife will need to carefully consider and abide by.

 

Two such criteria that would need to be met by your wife (these requirements will also apply to you if you purchase property):

  • Your wife will need to occupy the premises she buys or intend to as soon as practicable.
  • Your wife will intend to occupy the property for at least 6 months within the first 12 months she owns after it is practical to move in.

There are other tax implications you may need to consider, one example is (but not the only one) the main residence exemption and having a different main residence to your spouse. We recommend you seek out your own independent advice on these matters.

Remember, couples, siblings, or friends can each access their own eligible FHSS contributions to purchase the same property. If any of you have previously owned a home, it will not stop anyone else who is eligible from applying.

You can view Who is eligible to request a FHSS Determination and About the FHSS scheme for more information which is available on our website.

 

You can also review the handy information on the FHSS essentials Factsheet.

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