{"id":"C2017A00133","name":"First Home Super Saver Tax Act 2017","slug":"first-home-super-saver-tax-act-2017","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"133 of 2017","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8603,"registerId":"commonwealth-C2017A00133-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"First Home Super Saver Tax Act 2017","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nFirst Home Super Saver Tax Act 2017\n\n \n\nNo. 133, 2017\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose first home super saver tax, and for related purposes\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Imposition of tax\n\n4 Amount of tax\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nFirst Home Super Saver Tax Act 2017\n\nNo. 133, 2017\n\n \n\n \n\n \n\nAn Act to impose first home super saver tax, and for related purposes\n\n[Assented to 13 December 2017]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the First Home Super Saver Tax Act 2017.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this Act At the same time as Schedule 1 to the Treasury Laws Amendment (Reducing Pressure on Housing Affordability Measures No. 1) Act 2017 commences.However, the provisions do not commence at all if that Schedule does not commence. 1 July 2018\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Imposition of tax\n\n  First home super saver tax payable under section 313‑60 of the Income Tax Assessment Act 1997 by a person is imposed.\n\n4  Amount of tax\n\n  The amount of the first home super saver tax is 20% of the person’s assessable FHSS released amount (within the meaning of the Income Tax Assessment Act 1997).\n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 7 September 2017\n\nSenate on 18 October 2017]\n\n(184/17)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"This Act is narrowly focused: it simply imposes a 20% tax on the assessable FHSS released amount, relying on the Income Tax Assessment Act 1997 for details of calculation and application (ss 3–4). The text does not broaden the policy beyond that original, specific purpose; its scope remains limited to taxing FHSS released amounts and does not add ancillary powers, exemptions, or unrelated obligations."},"complexity_factors":["Very short: 4 substantive sections (short title, commencement, imposition, amount)","Single, fixed tax rate (20%) specified in one provision (s 4)","Direct cross‑reference to the Income Tax Assessment Act 1997 (s 313‑60) for the operative definition and assessment mechanics","Conditional commencement tied to a schedule of another Act (adds a small procedural complication) (s 2)","Limited internal definitions or exceptions within this Act (low internal complexity)"],"plain_english_summary":"This Act imposes a new \"first home super saver\" (FHSS) tax: a flat 20% levy on a person’s assessable FHSS released amount. It applies to individuals who withdraw FHSS amounts under the existing FHSS rules and relies on the Income Tax Assessment Act 1997 to define and calculate the assessable amount.\n\nThe measure reduces the cash returned to first‑home savers, may shift saving behaviour outside super, and only commences if a linked schedule in another Act also commences."},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"This Act has remained tightly scoped to its original purpose since enactment. It is a pure imposition statute — it does nothing except create the legal authority to charge a 20% tax on misuse of the First Home Super Saver Scheme. All substantive rules about eligibility, release amounts, and administration sit in the Income Tax Assessment Act 1997. The Act has not expanded beyond this narrow technical function."},"complexity_factors":["Extremely short: only 4 operative sections","No defined terms in this Act itself — all substantive definitions and rules are in the Income Tax Assessment Act 1997 (external cross-reference)","Simple mathematical formula for tax calculation: flat 20% rate","No exceptions, exemptions, or conditional logic within this Act","Mechanically imposes tax that is actually calculated and administered under separate legislation"],"plain_english_summary":"**What this law does:**\n\nThis Act creates a specific tax called the \"first home super saver tax\" — a penalty tax that applies when people misuse a government scheme designed to help Australians buy their first home.\n\n**How the scheme works (background):**\nThe First Home Super Saver Scheme lets people save money for a first home deposit inside their superannuation fund, with tax advantages. Normally, money put into super is locked away until retirement. This scheme allows early withdrawal for a first home purchase.\n\n**When this tax applies:**\nIf someone withdraws money under this scheme but **doesn't** use it to buy a first home (or doesn't follow the rules about timing and eligibility), they must pay this penalty tax.\n\n**How much is the tax:**\n**20%** of the amount they wrongly released from their super.\n\n**Who it affects:**\n- First home buyers who access the scheme\n- The Australian Taxation Office (ATO), which administers the tax\n\n**Why it matters:**\nThis tax acts as a deterrent against misuse. Without it, people could exploit the tax benefits of the scheme (lower tax on contributions and earnings) without actually using the money for its intended purpose — buying a first home. The 20% rate is designed to roughly cancel out the tax advantages gained, ensuring the scheme isn't used for general early access to super."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/first-home-super-saver-tax-act-2017","history":"/api/acts/first-home-super-saver-tax-act-2017/history","analysis":"/api/acts/first-home-super-saver-tax-act-2017/analysis","conflicts":"/api/acts/first-home-super-saver-tax-act-2017/conflicts","importantCases":"/api/acts/first-home-super-saver-tax-act-2017/important-cases","documents":"/api/acts/first-home-super-saver-tax-act-2017/documents"}}