NSW Mortage Stamp Duty Refund Query

[Angelissa]

This is a query in regards to whether anyone knows if the NSW OSR will refund mortgage stamp duty due to a change in circumstances prior to settlement?

In Sept 07 mortgage stamp duty for owner occupied properties was abolished, in December 07 my family purchased a house we initially intended on renting out for some time before moving in so we applied for the loan as an investment loan. By the time settlement came around in February 08 we had decided to move into the new house and sell our current house due to financial pressure.

The mortgage broker suggested we leave the paperwork as is and not risk delaying settlement, and that we could always claim a refund of the mortgage stamp duty after settlement. We first tried to contact the bank to claim this back for 10 months and they finally said to contact the OSR directly, who have said that our original paperwork stated the loan was for investment purposes and thus we could not get a refund.

Has anyone else had any experience with this or can help us in any way? It looks like you can claim a refund in QLD, and it just doesn't seem fair as its quite a large amount of money to us.

 

[nonrecourse]

Suggestion for a refund

Ahhh yes the stand and deliver NSW's highway bandits that pretend they are a government. What is it with New South Welshmen? If I had been shaken down as often as the NSW taxpayer I would organize a lynch mob and sizzle their sausages after.

 

[BV]

But it's mortgage stamp duty and you only get exemption if you get the mortgage for a PPOR.
Call again the OSR and ask if they will refund it and if the person on the phone says no then ask to talk to his supervisor

 

[Angelissa]

Our morgage is for the PPOR, it just wasn't on the initial paperwork. We sent the OSR a letter with all our utilities bills and they wrote back saying "your original loan documentation said it was for an investment purpose so we can't refund the mortgage stamp duty".

 

[StuartW]

That is my experience also. Our client sent in a stat dec but they won't refund. The OSR will charge stamp duty in any and every situation they can and latitude is rarely afforded. IMO, you'll have no luck with a refund. Sorry.

 

[danwatto]

Organised crime..