agreements or transfers executed | My Assignment Tutor

ODA 066 | Lodgement Guide | June 2020 1 of 11Note:ƒ This form applies to agreements or transfers executedbetween 1 January 2012 and 30 June 2017.ƒ For agreements or transfers executed on or after1 July 2017 go to the First Home Buyers AssistanceScheme Application Form and Lodgement Guide.ƒ This form must be completed by all eligiblepurchasers and their spouse.ƒ Before completing the application, each personshould read the information contained within theform and the First Home Benefits factsheet.ƒ Where a First Home—New Home application isapproved and a new purchaser is subsequentlyadded or substituted prior to settlement, a newapplication form will need to be completed by theadditional or substituted purchaser and their spouseƒ Eligible purchasers claiming an exemptionor concession, together with their spouse,must provide Proof of Identity (POI) documentationat the time of lodgement. See page 3.ƒ Additional evidence may be required at a laterdate to substantiate the claim for the exemptionor concession.ƒ Where applications are found to be false, asubstantial penalty or prosecution may apply.Lodgement guideThe information in this lodgement guide is for general guidance only.Before lodging the application, remove pages 1 to 3 and keep for your reference.How to applyƒ You may apply by lodging an application with your solicitor or conveyancer, orƒ All relevant documents (agreement for sale and/or transfer) must be submitted at the time of lodgement.Contact detailsApplication Formand Lodgement GuideFirst Home—New HomeExemption or Concession from DutyPostal AddressWollongongPO Box 666, Wollongong NSW 2520 Phone:Website:1300 139 814* (8.30 am – 5.00 pm, Monday to Friday)www.revenue.nsw.gov.auEmail:[email protected] *Interstate clients call (02) 7808 6900Help in community languages is available.ODA 066 | Lodgement Guide | June 2020 2 of 11CompletionAn agreement or transfer is completed when a purchaserbecomes entitled to possession of the home and, if theinterest acquired is registrable under a law of the State,the purchaser’s interest is registered.Dutiable valueThe greater of the consideration (purchase price) for thedutiable transaction and the value (determined withoutregard to any encumbrance) of the dutiable property.Exclusive OccupancyLand is an exclusive occupancy if the person acquiringthe land will be entitled to occupy the home as a place ofresidence to the exclusion of other persons who occupythe other home or homes built on the land.Terms usedAustralian citizenAn Australian citizen as defined in the Australian CitizenshipAct 1948.Certified CopyA true copy of an original document that has been sightedand certified by an acceptable person* and noted asfollows: ‘I certify that I have sighted the original documentand this is a true copy of it’. This certification must havethe certifier’s name, title, registration number (whereapplicable) and be signed and dated.*An acceptable person who may certify documents forthe purpose of the First Home—New Home scheme are:legal practitioner, justice of the peace (JP), magistrate,notary public, police officer, dentist, veterinary practitioner,pharmacist, certified practising accountant, licencedconveyancer, Commissioner for Declarations, memberof parliament, minister of religion, medical practitioner,officers of Revenue NSW.Eligible purchasersAn eligible purchaser is a purchaser who has not,and whose spouse has not:ƒ at any time owned (either solely or with someone else)residential property in Australia other than propertyowned solely as trustee or executorƒ previously received an exemption or concession underthe First Home—New Home scheme.Eligibility criteriaTo be eligible for First Home—New Home:ƒ the agreement or transfer must be for the wholeof the property or, if the property is a parcel ofland on which two or more homes are built orare being built, for that part of the land that isan exclusive occupancyƒ all eligible purchasers must be natural persons(ie not a company or trust) and at least 18 yearsof age at the date of the agreement or transferResidence requirementƒ The home must be occupied by at least oneof the eligible purchasers as his or her principalplace of residence for a continuous period ofat least 6 months, with that occupation startingwithin 12 months after completion of the agreementor transfer. Where at least one eligible purchaser wasa member of the permanent forces of the AustralianDefence Force and all eligible purchasers wereenrolled on the NSW electoral roll as at the date of theagreement or transfer, the residence requirement doesnot applyNote: If the spouse of a purchaser has previously ownedresidential property or previously received an exemptionor concession under the First Home—New Home scheme,the purchaser is not eligible for the full or proportionateconcession regardless of whether the spouse is or is notalso a purchaser.ƒ at least one eligible purchaser must be an Australiancitizen or permanent resident at the date of theagreement or transferƒ eligible purchasers must together acquire an interestof at least 50 per cent.Note: If persons who are not eligible purchasersare acquiring more than 5 per cent but not morethan 50 per cent, the concession is reduced in proportionto the interest acquired by the person(s) who are noteligible purchasers.ƒ In the case of vacant land, the Chief Commissionermust be satisfied the vacant block of land is intendedto be used as the site of a home to be occupiedas the principal place of residence of one of theeligible purchasers.ODA 066 | Lodgement Guide | June 2020 3 of 11Supporting evidenceAustralian Defence Force residencerequirement exemptionIf you are seeking exemption from the ResidenceRequirement, provide a certified copy of a documentissued by the Australian Defence Force which shows thatat least one of the eligible purchasers was a member ofthe permanent forces of the Australian Defence Force, atthe date of the agreement or transfer.Proof of identity:Each eligible purchaser and their spouse must satisfyeach POI category. As a minimum, separate documentsmust be provided for categories 1, 2 and 3 for eachperson. A category 4 document is only required where thecurrent residential address is not shown in a category2 or 3 document.For a complete list of acceptable documents, refer tothe First Home Benefits – Proof of Identity Documentsinformation sheet available from our forms page atwww.revenue.nsw.gov.auIf you are unable to provide a document for a POIcategory contact Revenue NSW to discuss yourcircumstances.When lodging your application with your solicitor,conveyancer or in person with Revenue NSW you willneed to provide certified copies of all required documents.Note: If the name on any of the documents presented isdifferent to the name of the eligible purchaser or spouse,evidence of a change of name must be provided, e.g.certified copy of marriage certificate, divorce certificate,change of name certificate, etc.© State of New South Wales through Revenue NSW, 2018. This work may be freely reproduced and distributed for most purposes, however some restrictions apply.Read the copyright notice at www.revenue.nsw.gov.au or contact Revenue NSW.Terms used (cont.)Permanent forces of the Australian Defence ForceComprises of members of the Regular Army, thePermanent Navy or the Permanent Air Force. It does notinclude a member of the Army Reserve, Naval Reserve orAir Force Reserve.Permanent residentA person who holds a permanent residency visa(under Section 30 of the Migration Act 1958 of theCommonwealth (Cwth)) or a New Zealand citizen who isthe holder of a special category visa (under Section 32 ofthe Migration Act 1958 of the Cwth).Principal place of residenceThe home you primarily reside in.PurchaserIncludes a transferee.Privacy statementInformation collected from you on this form is required by Revenue NSW to determine if you have a liability or entitlement. The information may be provided to thirdparties with your consent or as required or permitted by law. Revenue NSW will correct or update your personal information at your request. Read more about privacyat www.revenue.nsw.gov.auResidential propertyLand on which there is a building that is lawfully occupiedas a place of residence, or suitable for occupation as aplace of residence, or a company title dwelling.SpouseThe person to whom the applicant is married or livingwith as a couple in a de facto relationship (including samesex relationships) as defined in the Property (Relationships)Act 1984.Note: There is no minimum period of cohabitation neededto establish a de facto relationship under the Property(Relationships) Act 1984.Title referenceThe way the land is identified or referred to in the titledocuments, for example, folio identifier, volume and folio,lot number and deposited or strata plan number, bookand number.ODA 066 | Application Form | June 2020 4 of 11First Home—New HomeExemption or Concession from DutyApplication FormNote:ƒ This application must be completed in full.ƒ Read the lodgement guide for explanations of terms used.ƒ There are significant penalties for making a false or misleadingstatement, as well as possible prosecution.ƒ Please answer all questions and cross the appropriate boxes.ƒ Your application might not be approved, and the documents may beassessed to full duty, if all supporting evidence is not lodged.SECTION 1 Eligibility criteriaNote:ƒ Eligibility is determined at the date of the agreement or transfer.ƒ All applicants and their spouse must be considered when answering eligibility questions.Eligibility checklistHas each eligible purchaser and their spouse never owned residential property in Australia eithersolely or with someone else?Note: The holder of a leasehold interest by the Commonwealth in ACT residential property istaken to have owned that property.Will this be the first time each eligible purchaser or their spouse has received an exemption orconcession under the First Home—New Home scheme?Will the property be occupied by at least one of the eligible purchasers as their principal place ofresidence for a continuous period of 6 months commencing within 12 months from the date ofcompletion of the agreement or transfer, or in the case of vacant land, one of the eligiblepurchasers intends to occupy a home on the site?Note: You do not need to answer this question if at least one of the eligible purchasers was amember of the permanent forces of the Australian Defence Force and all eligible purchasers wereenrolled on the NSW electoral roll as at the date of the agreement or transfer.At the date of the agreement or transfer, was at least one of the eligible purchasers an Australiancitizen or permanent resident?At the date of the agreement or transfer, were all eligible purchasers over the age of 18 years?Yes NoYes NoYes NoYes NoYes NoIf you answered ‘YES’ to all the above questions, you may be entitled to an exemption orconcession under First Home—New Home.Application IDODA 066 | Application Form | June 2020 5 of 11SECTION 2 Lodging details Applicant’s name Agent number (if registered)DX number LocationLodging party namePostal addressSuburb State Postcode SECTION 3 Property and transaction detailsTransaction detailsDate of agreement for sale or transfer (dd/mm/yyyy) New homeVacant landDutiable value$Vendor’s name * If a new home, date of occupation or intended occupationof the property as a principal place of residence (dd/mm/yyyy)SECTION 4 Purchaser detailsA purchaser who is the spouse of an eligible purchaser must be listed as an eligible purchaser, not an ‘Other purchaser’.Each joint purchaser should be listed separately. For example, list 2 joint tenants as each having a 50 per cent interest. Eligible purchaser’s name(s)Interest being acquired(to 2 decimal places)%%%%Eligible purchasers’ interest (subtotal)%Other purchaser’s name(s)%%Other purchasers’ interest (subtotal)%100.00 % Property detailsLot no. Section no. Plan type* Plan no.*Enter DP for Deposited Plan; SP for Strata Plan; Other if not DP or SP and enter the other details under Plan no.Unit/ Street no.Street nameSuburb/townState N S WPostcode Note: If the other purchasers’ interests total 5 per cent or less, the eligible purchasers are entitled to the full First Home –New Home exemption or concession. If the first home buyer’s spouse has previously owned a home or received a benefitunder the First Home – New Home scheme, the first home buyer will not be eligible for benefits regardless of whether thespouse is also a purchaser.ODA 066 | Application Form | June 2020 6 of 11SECTION 5 Eligible purchaser detailsNote:ƒ All eligible purchasers must complete this section.ƒ If there are more than two eligible purchasers, please complete and attach an additional application form.ƒ Each eligible purchaser must complete the ‘Declaration by eligible purchaser’ in section 7.Note: Please select preferred contact address: Email Current residentialIf you are a member ofthe permanent forces ofthe Australian DefenceForce, select which branchyou serve(d) Regular ArmyPermanent NavyPermanent Air Force Do you have a spouse? Yes NoNote: A spouse includes de facto partners. If your spouse or de facto partner is not an eligible purchaser, they mustcomplete Section 6.Regular ArmyPermanent NavyPermanent Air ForceYes NoEligible purchaser 1 (Contact person)Title Mr Mrs Miss Ms DrFirst nameMiddle name(s)Family nameYes list name(s) below NoDate of birth (dd/mm/yyyy)Place of birthDaytime phone numberEmail addressCurrent residential addressEligible purchaser 2Mr Mrs Miss Ms DrYes list name(s) below NoName on birth certificate(if different from above)Have you ever used anyname other than the name(s)declared above?Address for service of notices(if different from above)First nameMiddle name(s)Family nameStreet no.Street no.Street nameStreet nameSuburb/townSuburb/townState PostcodeState PostcodeState/TerritoryCountryFirst nameMiddle name(s)Family nameStreet no.Street no.Street nameStreet nameSuburb/townSuburb/townState PostcodeState PostcodeState/TerritoryCountryODA 066 | Application Form | June 2020 7 of 11SECTION 6 Spouse detailsNote:ƒ This section must be completed where the spouse of an eligible purchaser is not an eligible purchaser in Section 5of the application.ƒ A spouse of an eliglble purchaser must complete the spouse declaration in section 8.Spouse of eligible purchaser 1Title Mr Mrs Miss Ms DrFirst nameMiddle name(s)Family nameYes list name(s) below NoDate of birth (dd/mm/yyyy)Place of birthDaytime phone numberSpouse of eligible purchaser 2Mr Mrs Miss Ms DrYes list name(s) below NoName on birth certificate(if different from above)Have you ever used anyname other than the name(s)declared above?First nameMiddle name(s)Family nameState/TerritoryCountryFirst nameMiddle name(s)Family nameState/TerritoryCountryODA 066 | Application Form | June 2020 8 of 11SECTION 7 Declaration by eligible purchaser(s)Eligible purchaser 1I, , do solemnly and sincerely declare that:1. I have completed the application form and attachedall relevant documents in support of this application.2. I have never owned residential property in Australia,either solely or with someone else.Note: Holders of ACT residential leases to theCommonwealth are taken to be owners ofthat property.3. I have not previously received an exemption orconcession under the First Home—New Homescheme.4. The interest I hold in the property is not held subjectto a trust.5. At the date of the agreement or transfer, at least oneeligible purchaser was a permanent resident or anAustralian citizen.6. At least one eligible purchaser will occupy the homethat is the subject of this application as theirprincipal place of residence for a continuous periodof six months commencing within 12 months fromthe date of completion of the agreement or transferor, in the case of vacant land, one of the eligiblepurchasers intends to occupy a home on the site.Or at least one of the eligible purchasers was amember of the permanent forces of the AustralianDefence Force and all the eligible purchasers wereenrolled on the NSW electoral roll as at the date of theagreement or transfer.7. I undertake to notify the Commissioner if I fail to meetthe residence requirement.8. I have read and understood the information preparedby Revenue NSW relating to the conditions of eligibility.I accept that if the conditions are not met, I may not beentitled to retain the concession or exemption.9. I authorise Revenue NSW to access and exchangeinformation about me to verify my eligibility forFirst Home—New Home with State, Territory andAustralian Government agencies and commercialorganisations as permitted by law.10. I acknowledge that I may be required to repay theconcession or exemption or be liable for penaltiesand may also be prosecuted for making a false ormisleading statement in or in connection withthis application.DeclarationUnder the Taxation Administration Act 1996, it is an offence to give false or misleading information.I declare that all information provided is true and correct in every particular.Name Date (dd/mm/yyyy)ODA 066 | Application Form | June 2020 9 of 11SECTION 7 (cont.) Declaration by eligible purchaser(s)Eligible purchaser 2I, , do solemnly and sincerely declare that:1. I have completed the application form and attachedall relevant documents in support of this application.2. I have never owned residential property in Australia,either solely or with someone else.Note: Holders of ACT residential leases to theCommonwealth are taken to be owners ofthat property.3. I have not previously received an exemption orconcession under the First Home—New Homescheme.4. The interest I hold in the property is not held subjectto a trust.5. At the date of the agreement or transfer, at least oneeligible purchaser was a permanent resident or anAustralian citizen.6. At least one eligible purchaser will occupy the homethat is the subject of this application as theirprincipal place of residence for a continuous periodof six months commencing within 12 months fromthe date of completion of the agreement or transferor, in the case of vacant land, one of the eligiblepurchasers intends to occupy a home on the site.Or at least one of the eligible purchasers was amember of the permanent forces of the AustralianDefence Force and all the eligible purchasers wereenrolled on the NSW electoral roll as at the date of theagreement or transfer.7. I undertake to notify the Commissioner if I fail to meetthe residence requirement.8. I have read and understood the information preparedby Revenue NSW relating to the conditions of eligibility.I accept that if the conditions are not met, I may not beentitled to retain the concession or exemption.9. I authorise Revenue NSW to access and exchangeinformation about me to verify my eligibility forFirst Home—New Home with State, Territory andAustralian Government agencies and commercialorganisations as permitted by law.10. I acknowledge that I may be required to repay theconcession or exemption or be liable for penaltiesand may also be prosecuted for making a false ormisleading statement in or in connection withthis application.DeclarationUnder the Taxation Administration Act 1996, it is an offence to give false or misleading information.I declare that all information provided is true and correct in every particular.Name Date (dd/mm/yyyy)ODA 066 | Application Form | June 2020 10 of 11SECTION 8 Declaration by spouseSpouse of eligible purchaser 1I, , do solemnly and sincerely declare that:1. The spouse details in section 6, in so far as they relateto me, are true and correct.2. I have never owned residential property in Australia,either solely or with someone else.Note: Holders of ACT residential leases to theCommonwealth are taken to be owners of thatproperty.3. I have not previously received an exemption orconcession under the First Home—New Home scheme.4. I authorise Revenue NSW to access and exchangeinformation about me to verify the eligibility of thepurchaser(s) making this application with State,Territory and Australian Government agencies andcommercial organisations as permitted by law.5. I acknowledge that I may be prosecuted and finedfor making a false or misleading statement on or inconnection with this application.Spouse of eligible purchaser 2I, , do solemnly and sincerely declare that:1. The spouse details in section 6, in so far as they relateto me, are true and correct.2. I have never owned residential property in Australia,either solely or with someone else.Note: Holders of ACT residential leases to theCommonwealth are taken to be owners of thatproperty.3. I have not previously received an exemption orconcession under the First Home—New Home scheme.4. I authorise Revenue NSW to access and exchangeinformation about me to verify the eligibility of thepurchaser(s) making this application with State,Territory and Australian Government agencies andcommercial organisations as permitted by law.5. I acknowledge that I may be prosecuted and finedfor making a false or misleading statement on or inconnection with this application.DeclarationUnder the Taxation Administration Act 1996, it is an offence to give false or misleading information.I declare that all information provided is true and correct in every particular.Name Date (dd/mm/yyyy)DeclarationUnder the Taxation Administration Act 1996, it is an offence to give false or misleading information.I declare that all information provided is true and correct in every particular.Name Date (dd/mm/yyyy)ODA 066 | Application Form | June 2020 11 of 11SECTION 9Providing false or misleadinginformation in this applicationProviding false or misleading information to Revenue NSWis a criminal offence. If it is determined that an applicanthas provided false or misleading information to obtain,or attempt to obtain an exemption or concession, thenprosecution action may be commenced.SECTION 10 Supporting documentation checklistNote:ƒ To ensure your application is processed in a timelymanner, make sure the application is fully completed,signed and dated.ƒ Please complete the checklist to ensure you haveattached the required supporting documentationdefined in the lodgement guide. Attach thesepapers to this page.Proof of identity of all eligible purchasers and their spousePenaltiesRevenue NSW, as part of its role in administering the FirstHome—New Home scheme conducts investigations toensure that applications comply with the conditions ofthe Act.If applicants receive the exemption or concession fromduty when they are not entitled, or if they do not complywith the residence requirement, interest and penaltiesmay be imposed.ƒ Your application may be returned to you if not fullycompleted or if all the required supporting informationis not attached.ƒ Additional documents may be requested afterlodgement of your application.ƒ Refer to the lodgement guide for thedocumentation required.Eligible purchaser 1 Spouse 1Eligible purchaser 2 Spouse 2Category 2 Type of document submitted /Category 2 Type of document submitted /Category 3 Type of document submitted /Category 3 Type of document submitted /Category 4 Type of document submitted /Category 4 Type of document submitted /Applicantto cross ifattachedApplicantto cross ifattachedCategory 1 Type of document submitted /Category 1 Type of document submitted /ƒ a Decree Nisi, a marriage or death certificate or change of name certificateƒ a statutory declaration for those who are separated.ƒ a Decree Nisi, a marriage or death certificate or change of name certificateƒ a statutory declaration for those who are separated.

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