A public ruling, when issued, is the published view of the Commissioner of State Revenue (the Commissioner) on the particular topic to which it relates. It therefore replaces and overrides any existing private rulings, memoranda, manuals and advice provided by the Commissioner in respect of the issue(s) it addresses.
Where a change in legislation or case law (the law) affects the content of a public ruling, the change in the law overrides the public ruling—that is, the Commissioner will determine the tax liability or eligibility for a concession, grant or exemption, as the case may be, in accordance with the law.
The First Home Owner Grant Act 2000 (the FHOG Act) provides that the first home owner grant (the grant) is payable on application if the applicant (or if there are two or more applicants, each of the applicants) complies with the eligibility criteria and the transaction for which the grant is sought is an eligible transaction and has been completed.1
Section 5 of the FHOG Act describes the six eligible transactions for which the grant may be sought.
This Public Ruling clarifies how the FHOG Act applies if there is more than one eligible transaction.
Ruling and explanation
Where an applicant satisfies, or applicants satisfy, the eligibility criteria for more than one completed eligible transaction, the applicant or applicants, must claim the grant for the earliest completed transaction.
Date of effect
This public ruling takes effect from 11 October 2012.
Commissioner of State Revenue
Date of issue: 11 October 2012