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.
X entered into an RPA with Housing in 1996. However, X did not acquire the final share until 1 January 2002. In this case, the Commissioner would consider the applicant’s circumstances as at 1 January 2002 to determine if the grant should be paid. It does not matter that the RPA was entered into prior to 1 July 2000 as there is no acquisition of a relevant interest until the purchase of the final share.
Y entered into an RPA with the Department of Housing in July 1996 in respect of a home (the first home). The agreement was terminated in October 2001 and Y ceased to occupy the home. In January 2002, Y entered into a contract to purchase another home and applied for the grant. For the purposes of the grant, Y would not be considered to have held a relevant interest in the first home.
Commissioner of State Revenue
Date of issue: 11 October 2012
|Public Ruling||Issued||Dates of effect|
|FHOGA008.2.4||11 October 2012||11 October 2012||Current|
|FHOGA008.2.3||30 March 2010||31 March 2010||10 October 2012|
|FHOGA008.2.2||21 December 2009||1 January 2010||30 March 2010|
|FHOGA008.2.1||24 February 2009||24 February 2009||31 December 2009|
|Supersedes Revenue Ruling FHOG 3.1||7 June 2002||7 June 2002||23 February 2009|