Do We Have to Pay Extra Stamp Duty? Investment/Live-in QLD

Purchased the existing Unit last year to live in and paid Stamp Duty $9000

(Stamp duty for live-in $9000, for Investment $16000)

Since then we let the then-tenant stay in the unit until we can move in.

We were advised, as long as we will move in within 6 months from the settlement, we do not need to pay the stamp duty for investment which is $16000

We thought the notification to the tenant to leave had to be made 30 days before however were just advised that it had to be 60 days before.

We will not be able to move in the unit within 6 months but will move in after 6 months and a few weeks.

Do we have to pay $7000 extra stamp duty($16000-$9000) even a few weeks over?

*We are not the first time buyer nor concessioner/retiree

Comments

  • +4

    Well you would no longer meet the crtiteria for the concession so isn't the answer obvious?

  • +9

    perhaps you could ask the tenant to vacate the property earlier and give them a financial incentive to do so… split the difference.

    • Yep. I’d be doing this. Half a bird in your hand is better than 100% of the bird in the governments.

    • +1

      Another thought… if tenants don’t want to move out, can they move out on paper. They still live there IRL but documents say otherwise? Although the first option would be cleaner (I.e., without fraud)

    • Thanks for the advice and will think of the incentive.

      • +1

        For the record, the rental situation in QLD is a nightmare currently. There are a lot of reports of people simply not being able to find places to rent, so I wouldn't hold your breath about someone accepting an early move.

        • Thanks for the heads-up. The tenant have two small children and they need a good and secure unit to move in.

  • -3

    Don't tell them. If you have already bought the unit then it's yours and any further theft by the government is on them to follow up (IMO).

  • +1

    Have you stuffed up and the tenants 60 day notice period eats in to your 6 months?
    If so, you could offer the tenant compensation to move out early. The tenant obviously needs to agree to leave early and the agreement and compensation would need to be put in writing.

    • Yes it will be two weeks after the 60th date when the tenant have to leave by. I will think of compensation like bond fee of their new unit.

  • +4

    The QRO will pursue you for the full amount. After dealing with them we've found that you must move in within 6 months of settlement or the end of lease, whichever comes first.
    Also don't try to get away with not reporting to the QRO that they are still living there because it gets electronically reported anyway, and if QRO try to claw it back because they've found out themselves they also tack on a 90% penalty tax. They also charge 9% interest from the date of settlement.

    We bought an established house that was rented out with a lease about to expire, which we were going to move into. We let the renters stay an extra 41 days past the end of their lease because their new rental property was suddenly unavailable and they would have been homeless (it was a new build and the builder wasn't handing it over), so in total they were there 3 months from settlement. In that time I was also hospitalised from a serious injury so we would have had to delay our move anyway, so if we forced them to leave at the end of lease the house would have been empty and that family would have been homeless. The QRO didn't care about any of this and demanded close to $8k from us and we had 48 hours to pay, or they'd tack on late payment fees and the interest would compound.

    Don't mess with the QRO. Do whatever you can to move the tenants out and move in before the 6 months are up.

    • +1

      They are no better than the mob by the sounds of it.

    • +1

      Thanks very much for the information. I may talk with the solicitor about the issue who took care of us when we purchased the unit.

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