FHOG Duties CP - Separated Spouses

Commissioner’s practice
FHOG DA 37 - Eligibility for a grant if an applicant is separated from their spouse or de facto partner.
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This Commissioner’s practice outlines the factors the Commissioner will consider when ascertaining if an applicant and their spouse or de facto partner are taken to be separated for the purpose of determining eligibility for the first home owner grant, and/or first home owner concessional rate of duty, in respect of an eligible transaction that commenced on or after 3 October 2015.

Upcoming changes to the first home owner rate of duty eligibility

Legislation has been introduced to: 

  • increase the first home owner rate of duty thresholds and
  • remove the link between the property value caps for the first home owner grant and the first home owner rate of duty.

The changes are subject to the Parliamentary process and updates to RevenueWA's systems.

The first home owner grant cap for homes south of the 26th parallel of South Latitude was increased to $800,000 for transactions with a commencement date of 7 May 2026. The changes have now been applied.  

See Circular 23 ‘Finance Legislation Amendment (Housing Affordability) Bill 2026’ for further information.

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