Government draws up draft legislation to help Australians buy their first home

THE Turnbull Government is launching the next phase of its comprehensive housing affordability package by releasing draft legislation to help Australians buy their first home.

The First Home Super Saver Scheme (FHSSS) allows first-home buyers to save for a deposit in their superannuation account, attracting the tax incentives and earnings benefits of superannuation to turbocharge their ability to save.

Savers will be able to contribute $30,000 (up to $15,000 a year within existing caps), and be able to withdraw the contributions along with deemed earnings in order to help fund a deposit on their first home.


In addition, legislation will be introduced to allow Australians aged over 65 to make an exempt contribution to their superannuation after downsizing their family home.

The downsizing measure will help free up the stock of larger houses for young families, by allowing older Australians to sell their houses and contribute up to $300,000 of the proceeds into superannuation.

Existing voluntary contribution rules and restrictions would not apply to this special non‑concessional contribution, and both members of a couple could take advantage of the measure (contributing up to $600,000 from the proceeds of selling their home).

The measure allows retirees to make an exempt non-concessional contribution to their superannuation when they acquire and move into a home that that better suits their needs, enter the rental market, or relocate to an aged-care facility.

Both measures are to commence on July 1 next year.

For the FHSSS, voluntary contributions made from 1 July 2017 will be eligible for withdrawal (provided all criteria are met) from 1 July 2018.

Legislation will be introduced well ahead of the commencement date to provide certainty to savers and sellers.

The Turnbull Government has also released draft legislation to stop foreign residents investing in residential real estate claiming the main residence exemption.

The Government will stop foreign tax residents from claiming the main residence capital gains tax (CGT) exemption when they sell property in Australia from Budget night 2017.

Foreign tax residents who hold property on Budget night can continue to claim the exemption until 30 June 2019.

The legislation will also modify the CGT principal asset to test to apply on an associate inclusive basis.

This will ensure that foreign tax residents cannot avoid a CGT liability by disaggregating indirect interests in Australian real property.

These changes to foreign investors buying residential real estate are part of a package estimated to add $600 million in revenue over the forward estimates.

These important measures are part of the Government’s comprehensive approach to housing affordability announced in the 2017-18 Federal Budget that aim lower the cost of living for Australians.

The Government’s comprehensive plan will improve outcomes across the housing spectrum – from the homeless and those who depend on social housing, to first home buyers and older Australians looking to downsize.

The Government encourages interested stakeholders to make a submission on the draft legislation. The exposure drafts and details of the consultation process are available on the Treasury website.