Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 2) Regulations 2018 (F2018L00739)
Schedule 1 Financial hardship
Taxation Administration Regulations 2017
1 At the end of Part 4
Add:
Division 3 - Financial hardship
61A Financial hardship determination
(1) For the purposes of subsection 138-10(2B) in Schedule 1 to the Act, the Commissioner is to determine that an individual has suffered a financial hardship if, and only if:
(a) the individual requests the Commissioner to make such a determination at the time when the individual requests a first home super saver determination; and
(b) the individual has previously held one or more property interests specified in paragraph 138-10(2)(a) in Schedule 1 to the Act; and
(c) the Commissioner is satisfied that:
(i) the individual suffered a financial hardship that resulted in the individual ceasing to hold any such property interests held at the time of the hardship; and
(ii) the individual has not held any other such property interests since that time.
(2) In determining whether to make a determination that an individual has suffered a financial hardship, the Commissioner may have regard to the information provided by the individual and any other information that the Commissioner considers relevant.
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