FHSS + Super + ATO – Have I Just Locked $15k in Super for Nothing?

Hi all,

Looking for some advice or shared experience, because I’m honestly pretty frustrated and confused by how the First Home Super Saver (FHSS) scheme actually works in practice.

My situation (timeline)

  • Last financial year: I made voluntary contributions into Super to use the FHSS scheme as a first home buyer.
  • Last year: I requested an FHSS release from the ATO and had money paid out under the scheme. I have not purchased a house yet.
  • I understand now but not at the time that:
    • You can only ever have one FHSS release in your lifetime later
    • If you don’t end up buying a house in time, you either:
    • recontribute the released amount back to super, or
    • pay a flat 20% FHSS tax on the assessable released amount.

This financial year (June 2026):

  • I made a $15,000 personal contribution to Super via direct debit.
  • My thinking at the time was:
    • I could add this money into super for FHSS purposes,
    • then later request another release when I was ready to buy, and
    • in the meantime get a tax deduction and “boost” my first home buyer position because that’s how my financial adviser explained it to me.

Shortly after contributing the $15k, I realised some pretty important details:

  1. Once you have already had an FHSS release, you cannot request another FHSS release ever again. The “one release only” rule is strict.
  2. The tax deduction for concessional contributions used under FHSS is effectively unwound when the FHSS release happens – the assessable FHSS amount is taxed at your marginal rate (with an offset), so the idea of a permanent “free” tax win is not as simple as it sounds.
  3. If you don’t manage to buy a home in time, your only options are:
    • recontribute the released amount as non‑concessional (after‑tax) super, or
    • keep the cash and cop an extra 20% FHSS tax on the assessable amount.

So my original plan (“add more money, then later request another FHSS release”) is simply not allowed under the rules. My misunderstanding, but it was based on the way it was explained to me.

What I tried with Super

After realising this, I contacted Super and asked them to refund the $15k contribution, explaining that it was paid based on a mistaken understanding of how FHSS works.

Their response:

  • My refund request has been declined.
  • Under APRA guideline SPG 270, this is not an “administrative error” because I knowingly made the contribution.
  • They said they are not authorised to refund non‑administrative errors and that the ATO deals with excess non‑concessional contributions etc.
    *5k is now just a normal after-tax contribution sitting in super, and they won’t refund it.
    *that doesn’t make sense to me
  • I’m seeing:
  • When you use FHSS, you only get to withdraw up to 85% of certain contributions (not 100% of what you put in).
  • After the FHSS release, the tax deduction benefit gets effectively reversed through the way the released amount is taxed in that financial year.
  • If you then don’t buy a house within the FHSS timeframe (which is very realistic when property prices are jumping every week), you either:
    • recontribute the released amount back into super as after‑tax money (and generally can’t touch it until retirement), or
    • keep the money and pay an extra 20% FHSS tax on the assessable released amount.

So if:

  • there’s no lasting tax deduction once everything is washed up,
  • you can only pull back 85% of your contributions under FHSS, and
  • you risk a 20% flat tax if you can’t buy in time,

then what is the actual benefit of all this complexity if your timing or the market goes against you?

To me, this looks a lot less like “government help for first home buyers” and more like a system that can easily backfire on you if you don’t tick every box perfectly and the market runs away.

Where I’m at now

  • I have $15k stuck in super as a personal contribution.
  • I have about $13k from the original FHSS release still in my bank account.
  • I’m still within the FHSS timeframe but I’m not confident I can buy a house in time, given current prices and borrowing capacity.
  • I’ve spoken with the ATO to ask:
    • Can the $15k be treated as the FHSS recontribution for my earlier release so that if I don’t buy, I avoid the 20% FHSS tax? Answer was YES.

For context:

My financial adviser originally told me to do this – contribute into super, use FHSS to get a tax deduction and help with the first home buyer scheme. In reality, I’m now sitting here with $15k effectively locked away in super, a single FHSS release already used, and a genuine risk I still can’t buy.

My questions for OzBargain

  1. Has anyone else been in a similar position:

    • Used FHSS,
    • Didn’t end up buying in time,
    • Had to choose between recontribution vs paying the 20% FHSS tax?

  2. Has anyone successfully convinced a fund to refund a personal contribution that wasn’t an admin error, just a bad FHSS strategy?

  3. If the ATO confirms the $15k can be treated as the recontribution:

    • Is my best move simply to claim the $15k as recontributions to avoid at least the 20% FHSS tax?
    • Or is there any smarter or less painful approach?

  4. More generally, for those who’ve actually gone through this:

    • Is FHSS really worth it once you account for the 85% withdrawal, tax wash‑up, and risk of being forced into recontribution or copping the 20% tax?

Any advice, similar experiences, or suggestions to minimise the damage would be really appreciated.

Thanks.

Comments

Search through all the comments in this post.
  • TLDR: OP listened to wrong advice from FHSS and is now complaining about FHSS in general.

    You can withdraw from FHSS after signing, so most of your rant is useless. Feels like you can ask most of these questions to your finance advisor.

    • Seems like their financial adviser wasn’t giving very accurate advice.

      • I only use OzBargain Approved advicers.

        • And the OzBargain spelling add-in

        • That would be my advise

    • alot of people are pissed off because it affects investing in property in general with SMSF's not just First home super saver scheme, its even doing the investment property for you retirement you cant' borrow and use you super now, all you can do now is pay in full, no borrowing allowed.

      Which is another stupid decision from the government. Anyone wanna rise up yet and remove the currently government system yet?

      • I think your talking about somthing diffrent to OP. Calm down mate. You cant borrow to buy anything else in super why should you be able to borrow to buy houses.

        • because it was allowed before they changged it thats why people buy investment properties with there super the rent pays the loan off and also increase the value of you super so when you retire the house is paid off and you can sell it or keep using it as an investment property its win win.

          • @kungfuman: Yes it was allowed. I dont think it was smart to let it. Super is for your retirement. When you blow up your investment your now going to be reliant on the pension system so the goverment has a intrest in regulating it.

            • @gengi: super is investment. for you retriement what you do with you retirement money its totally up to you not the govenment.

              • @kungfuman: Invest outside of super then if you dont like the rules. Super has always been highly regulated in exchange for the tax consessions.

                Go have a cry but govemerment has always been involved in the super system.

                • @gengi: super is invested. do you think it just sites in a bank and gain interest? super fund will invest it into stocks. they always have. SMSF means you ahve full control over where you funds go. and how it gets invested. No government involvement from a control stand point has been ever issued till now.

                  • @kungfuman: You cant access it till preservation age. You cant borrow to by shares. SMSF are still highly regulared and have always been.
                    Get off sky news and touch some grass.

                    • @gengi: I litually can access it right now with out any kind of release. in a SMSF there is nothing stoping me from doing that.

                      • @kungfuman: Go take out some money before meeting a condition of release and see what happens.

                        Why are you bitching about the borrowing changes if your happy just to break the rules anyway???

                        • @gengi: no bank will lend you if you want to use SMSF funds.

                          • @kungfuman: So now your unhappy with the banks? you feel entitled to get a loan?

                            Goverment has always regulated banks and superanuation. They have a interest in people not getting scammed or pissing away all their money for retirement.

                            • @gengi: they have an interest in control nothing to do with scaming thats just there excuse. People aren't as stupid as you think.

                              • @kungfuman: If your unhappy with it dont put any extra in and invest outside super. No use crying about it. I cant get a loan to buy shares also.

                                I would rather pay 15% tax with the retrictions.

          • @kungfuman: There was a lot of disastrous outcomes with people setting up SMSFs and borrowing to buy property. I know because I was involved in compensating several of them. People lost all their super whereas if they'd stayed in their original funds they'd have been fine.

            One thing about property in SMSFs, the funds have to prepare itemised, audited financial statements every year and there's nothing like those for showing very clearly the many costs involved in holding investment property that nobody usually talks about.

  • The benefit of the scheme is to have growth compounding for several years in a low tax environment. There is no point to withdrawing before you are ready to buy.

  • Why did you withdraw the first $15k, and put another $15k in? Over what timeframe was this done? Seems like a bizarre way to do it.

    • Maybe if you thought you could get a deduction twice?

    • I planned to buy my first home. My mortgage broker advised me to request an release of my super, as they’ve experienced significant delays with this process in the past and strongly recommended I secure pre-approval first!
      My initial FHSS release request was submitted in October 2025, and I made an additional $15,000 voluntary contribution into my super account last month (June 2026).

      • Ok, I really don't understand why you'd do this, isn't the idea to get the returns from the investment inside super? Taking it out and having it sit in the bank seems to go against this.

        • The strategy was to claim a tax deduction on contributions, benefit from investment growth inside super, and then—when ready—use up to 85% of the total FHSS-eligible amount toward a home deposit under the FHSS scheme.

          • @AmirSp: But you took it out, then put more back in. I don't understand how you thought that would work.

              • @AmirSp: So you thought you'd discovered some kind of infinite tax free money glitch?

                • @brendanm: Yea OP tried to double dip the tax advantage of super and now its stuck

      • Why r u taking financial advice from a broker?

  • According to the OP's timeline, he KNEW there was only one FHSS withdrawal allowable in 2025.

    Yet he chose to withdraw with no Offer for a property in sight.

    Then worse, chose to put the money back into Super.

    Then worse again, tried to withdraw again knowing the rule back in 2025.

    then worse AGAIN, complain about it in public.

      • Even my adviser wasn’t aware of it, as he was suggesting I claim a tax deduction for the $15k this year.

        Don’t complain about FHSS if your adviser was incompetent. Did you ask him to compensate you? Did you receive this advice in writing?

        • not in writing.

          • @AmirSp: Well good luck then. If you're a high net worth individual, your financial adviser will be worried. If you're not high net worth, I don't see why you need an adviser to start with. Anyways, have a chat with him as he provided the advice, see how he can compensate you.

          • @AmirSp: What did your advisor say to you when you explained your situation to him and told him that the information about the double contribution and withdrawal was incorrect and that you acted on this.

            At the end of the day, you were able to withdraw the original contribution and you have now technically paid it back so that you don't have to pay further tax.

            You've still got the initial 15k in bank to put towards your first home.

      • Convenient the only rule you knew was 15k per FY.

      • Surely there's an app for that by now 🤔

      • But at least you got some benefit from the first contribution then the release - its not as much as you had hoped for and you didnt Ozbargain the deal as intended by the government, but hey, you're still up. Take the life lesson and move on.

  • Sounds frustrating, but everything is pretty clearly explained on the ATO website.

    Silver lining is that as far as ATO stuff ups go, accidentally contributing extra to Super is about as good as it gets.

  • I used the FHSS (correctly) and saved thousands in tax. I’m sorry that you have received dud advice.

  • It's for your home. But a home and live in it.

    Don't gamefy it.

  • I'm confused.

  • Used the scheme and tbh if you're on a med/high income the benefit isn't much. Too complicated imo and it did my head in when trying to calculate the "net profit" compared to not using it.

    Just move on and if you can't buy a house in time then just contribute it back to super. Plus adding voluntary contribution is a good thing for the long term.

  • My head hurts after reading this.

  • system that can easily backfire on you if you don’t tick every box perfectly and the market runs away.

    That is most systems, especially when you try and game it with confirmation bias on bad advice

    • The box he missed was using the money to buy a property, that seems like a big one

  • They asses your FHSS as income the year you withdraw it but they also apply a 30% tax offset so you still come out at least 15% ahead, but yes the tax system is a convoluted confusing mess and it is hard to wrap you head around.

    Needs someone to come in with a chainsaw and simplify it, and the system is only going to get more complicated with this new budget and all its random carve outs.

    you say you can only pull out 85% but that is not entirely true you can also pull out a fixed interest rate based on ATO's Shortfall Interest Charge (SIC) rate, which is currently 6.65% despite how your super actually performs, which is better than putting it in a high interest savings account and paying full tax on those earnings.

    You also say your only option is to pay the 20% tax or re contribute but another option is you can also ask for a 12 month extension.

    • Don't forget that, although you receive the tax offset on the withdrawal, the fhss withdrawal is added to you taxable income in that year.

      Say you contribute to fhss for 4 years and withdraw the max 50k+earnings. That will often push you into a higher tier for private health rebate and thresholds such as the employee share scheme discount. This is unfair because that income was already assessed in previous years since those income tests previously included reportable superannuation contributions in their calculation. That whole amount that was just saved in a super account is counted again as income in a lump sum (according to some, but not all income tests) when you withdraw it!

  • If you were not ready to buy then why did u withdraw the money?

    The terms of withdrawal are clear as is the time to use it and the potential extension period(s).

    It's quite lenient.

  • Sounds like you tried to be too cute with the whole thing

  • It’s 15k, chump money if you factor your lifetime earnings capacity and everything in between.

    • Yes though depends if they make more decisions like this.

  • The positive is that if you're in your 20's right now, that $15k will be worth about $150k when you retire.

    • this. Maximising super investment is always smart

    • and make sure still alive and active e.g able to go to massage parlour when you are retirement age

  • There’s no advice we can provide that will change the outcome

  • Yes, I don't blame you for getting confused. Basically anything tax-related in this country is needlessly complex, probably becausee the bean counters/public servants/politicians want to ensure there's always a 'need' for their 'skills'.

    Whether there's any actual benefit from the scheme to anyone on a medium + income is debatable, given the flexibility you lose.

  • Lol this stupid.

    On top of that I can't believe no one has mentioned apply for an extension.

    • one commenter mentioned that, but that doesn't much help with the $15k contribution i did recently.

  • you got bad advice.
    yes the scheme is pretty confusing but the rules are very clear on the website, particularly that you can only ever get an FHSSS release once in your lifetime.
    Notify that you recontributed the amounts back into super within 12 months of your release and call it a day.
    https://community.ato.gov.au/s/question/a0JRF000003EkKb/p003…

    As everyone else has said, you haven't lost much here. You probably will just end up with an extra 2k voluntary contribution to super and the savings through the FHSSS aren't that big anyways depending on your income.

  • My financial adviser originally told me to do this

    Your chosen and paid advisor got you into this, why are you not resolving it directly with him? Would seem most logical approach.

  • NGL but the FHSS scheme is actually a joke and can result in you paying more tax than if you kept it in your account…

    Horrendously designed policy.

  • It happens to all of us, pick yourself up and move on.

    Early in my career, I made a few tax blunders too due to an employer not providing a PAYG payment summary before 31 October. Because the document was unavailable, I mistakenly declared my net income and entered zero for the tax withheld. Consequently, this reporting error resulted in a substantial overpayment of tax.

    Sadly, I never got around to fixing it and never received the PAYG summary… I suspect it is now reported and classified as correct and the employer has pocketed the tax withheld as an aftereffect.

  • Cant help the OP, other than to say still lodge a NOI to claim as concessional if you cant get dispensation to withdraw

    I think if used correctly the benefit is nearly $3000 a year for every $15000, as well as having access to the relative earnings on the amounts.

    Daughter has been using it to reduce tax on interest income, but then used it for FHSSS.

  • It's not as great as they make out. Tax savings on 15k is pretty negligible when compared with a total deposit, and then you can only withdraw 85% anyway. I did it, and I don't think I got much benefit. I also forgot to tell the ATO right away when I used the released funds and they were pretty lenient. And by lenient I mean I just reported it really late and put rationale to the effect of "I forgot" in the form and never heard anything about it again.

  • My wife and I did the FHSS in the years leading up to purchasing our house.

    I didn't run exact figures, but we ended up about 10K better off.

    I also forgot to notify that we had purchased our house within whatever the timeframe was. I let them know eventually about the honest mistake and there was no penalty.

  • Sucks but in the end its not the worst mistake you could have made. You will get that back when you retire.

    Maybe a lession in double checking things like this. the ATO website has heaps of info on this. making sure you have multiple sourses of info conferming somthing is important.

    Best of luck,

  • drama
    Come back to me when you need to pay div293 and are annoyed

    • Normal people - pay the right tax or we'll hammer you.
      Rich people with Div 293 tax - sorry for the inconvenience, but you didn't realise you owe taxes for having far beyond the average income of the average person. We're sorry. Here's a statement telling you the exact amount to pay. Would you like a hug?

    • 293 sux balls

      • yeah its very annoying
        its a useless tax

        • It is as useful as any other tax.

          • @Aureus: we already pay tax on super contribs

  • it your money do what you want with it, when you're 60.

  • Financial advisor ≠ tax advisor.
    Seek specific tax advice ASAP.

  • Curious to know how much did you have to pay your financial advisor?

  • Yes we used it. It was fine.

    FHSS contributions are just normal super contributions. They are not earmarked for anything.

    You should really think of it as "how much of my super is FHSS withdrawal eligible"

    Anyways, money in your super isnt dead money. Its still yours

    • Anyways, money in your super isnt dead money. Its still yours

      LOL

  • To me, this looks a lot less like “government help for first home buyers” and more like a system that can easily backfire on you if you don’t tick every box perfectly and the market runs away.

    Welcome to super, sorry for your loss.

  • This boys and girls is why you never make financial decisions solely for the purpose of tax avoidance.

  • Who did you get financial advice from? A mortgage broker or a financial advisor?

  • | "This financial year (June 2026):

    I made a $15,000 personal contribution to Super via direct debit."

    How is June this financial year?

    • albo and jim chalmers have 5%, 2% help to buy with federal gov, and did major earthquake.
      you should be able to purchase? thats what is sold on news?
      you should be able to make an offer after everything to get a negative asset, but didnt make an offer or land a purchase?
      that should be ok from their sales pitch?
      why neg me? ;)
      * im a spy from onenation * lol..

      edit:
      forgot last bit, if 2% fails and sells negative asset, taxpayer pay for that. not ponzi scheme? scam? aus economy in Jim chalmers and katy Gallagher, best ignorant combo? recession is near.

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