Taxation Administration Act 1953

SCHEDULE 1 - COLLECTION AND RECOVERY OF INCOME TAX AND OTHER LIABILITIES  

Note: See section 3AA .

Chapter 3 - Collection, recovery and administration of other taxes  

PART 3-20 - SUPERANNUATION  

Division 138 - First home super saver scheme  

Subdivision 138-A - First home super saver determination  

Operative provisions

SECTION 138-10   FIRST HOME SUPER SAVER DETERMINATION  

First home super saver determination

138-10(1)    
A first home super saver determination is a written determination stating:

(a)    your *FHSS maximum release amount; and

(b)    the amount of each of the following components that make up your FHSS maximum release amount:

(i) your *concessional contributions;

(ii) your *non-concessional contributions;

(iii) your associated earnings.

Requesting a first home super saver determination

138-10(2)    
You may request the Commissioner, in the *approved form, to make a *first home super saver determination if:

(a)    

you have never held:

(i) a legal interest in an estate in fee simple in real property in Australia; or

(ii) a legal interest in a lease of land in Australia (including a renewal or extension of such a lease) as described in paragraph 104-115(1)(b) of the Income Tax Assessment Act 1997 ; or

(iii) a company title interest (within the meaning of Part X of the Income Tax Assessment Act 1936 ) in land in Australia; and

(b)    you are 18 years or older; and

(c)    

subsection (2C) applies for you.

138-10(2A)    
If the Commissioner determines that you have suffered a financial hardship, you are taken to have satisfied paragraph (2)(a) .

138-10(2B)    
The regulations may specify the circumstances in which the Commissioner is to determine that a person has suffered a financial hardship for the purposes of subsection (2A) .

138-10(2C)    

This subsection applies for you if:

(a)    you have not previously made a valid request for a release authority under Division 131 in relation to a *first home super saver determination made in relation to you; or

(b)    one of the following subparagraphs applies for each of your previous valid requests for such a release authority:

(i) you have withdrawn the request;

(ii) the Commissioner has revoked the release authority issued in relation to the request (whether or not the release authority had previously been varied);

(iii) after one or more amendments of the request, you have withdrawn the latest of those amended requests;

(iv) the Commissioner has revoked the release authority issued in relation to the latest of one or more amendments of the request (whether or not the release authority had previously been varied).

Making a first home super saver determination etc.

138-10(3)    
If you make a valid request under subsection (2) , the Commissioner must make a *first home super saver determination in relation to you.

138-10(4)    
(Repealed by No 75 of 2023)

138-10(5)    
Notice of a determination given by the Commissioner under this section is prima facie evidence of the matters stated in the notice.