South Australian Sports Institute

Property Market Value Cap

A property value cap applied. The property value cap was $450,000 based on the market value of the property purchased or built.

In the case of comprehensive home building contract the market value was:

• the sum of the consideration for the building contract and the market value of the land on which the home was to be built as at the time the contract was made; or
• where the consideration for the building contract is less than actual costs, the sum of the actual costs to build the home and the market value of the land on which the home was to be built as at the time the building contract was made.

NOTE: where a comprehensive home building contract included specific values for items that are not necessary for occupation of a place of residence, RevenueSA may have deducted these components from the consideration payable for the building work when determining the market value of the property. Some items that are considered not necessary for occupation as a place of residence include driveways and paving, landscaping, air conditioners and built in robes. See Information Circular 64 for more details.

In the case of an owner builder the market value was:

• the market value of the property on which the home is situated at the time the home is completed and ready for occupation as a place of residence.

How much was the seniors housing grant?

A seniors housing grant of $8,500 was available for new homes where the market value did not exceed $400,000, and phased out for new homes with a market value between $400,000 and $450,000 at a rate of $17 for every $100 in excess of $400,000.

The table below outlines the maximum grant that was available in increments of $5,000 increases over $400,000.

It should be noted that if the consideration for the purchase a new home was less than $8,500 (e.g. where a new home was inherited), the amount of the SHG paid did not exceed the consideration.

Could multiple seniors housing grant's be received?

Only one seniors housing grant was payable in relation to a particular new home. That is, where the seniors housing grant has been approved and paid in relation to a property, no further seniors housing grant can be paid in relation to that property, unless that previously paid seniors housing grant has been repaid.

In addition an applicant was ineligible to receive a seniors housing grant if the applicant or their spouse/domestic partner has previously received and retained a seniors housing grant.

What were the eligibility requirements?

Date of eligible transaction

Eligible transactions must have been entered into between 1 July 2014 and 30 June 2016 (inclusive)

Building Completion Requirements

If you have entered into a comprehensive home building contract to build a new home:

The contract must state that the eligible transaction must be completed within 18 months after the laying of the foundations for the home is commenced or, in any other case, the eligible transaction is completed within 18 months of after the laying of the foundations for the home is commenced.

If a completion date is not stated in the contract, you cannot receive the seniors housing grant until the building is ready for occupation as a place of residence.

If you have commenced building a new home as an owner builder:

The transaction is completed within 18 months after its commencement date.

You cannot receive the seniors housing grant until the building is ready for occupation as a place of residence.

The Commissioner may, in a particular case, extend the time within which an eligible transaction must be completed if the Commissioner considers there are proper reasons for doing so.

If you have entered into a contract to buy a new home off-the-plan:

The contract states that the eligible transaction must be completed on or before 31 December 2017 or in any case, the eligible transaction is completed on or before that date.

You cannot receive the seniors housing grant until the building work has been completed and settlement has occurred.

Market value of home

The market value of the home to which the eligible transaction relates was less than $450,000.

What Transactions were ineligible?

The following transactions were ineligible for the seniors housing grant:

1. Where the Commissioner is satisfied that the contract that formed the basis of the eligible transaction replaces a contract made before 1 July 2014 and that earlier contract was:

• a contract for the purchase of the same home; or
• a comprehensive home building contract to build the same or a substantially similar home;

2. Where the Commissioner is satisfied that a contract that formed the basis of an eligible transaction for the purchase (or purported purchase) of a new home does not constitute a genuine sale of the new home.

For these purposes, the Commissioner may take into account:

• whether the parties to the contract are close associates;
• whether the parties are otherwise not at arms length; or
• such other matters as the Commissioner considers appropriate.

Two persons are considered close associates if:

• one is a relative (spouse/domestic partner; parent or remoter lineal ancestor; son, daughter or remoter ancestor; or brother or sister) of the other;
• they are related bodies corporate (within the meaning of the Corporations Act 2001 (Cwlth));
• one is a body corporate and the other is a director, manager or officer of the body corporate;
• one is a body corporate (other than a public company whose shares are quoted on a financial market) and the other is a shareholder in the body corporate;
• one has a right to participate (otherwise as a shareholder in a body corporate) in income or profits derived from a business conducted by the other;
• they are in partnership; or
• one is a beneficiary under a trust or an object of a discretionary trust of which the other is a trustee.