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                                     Foreign Investment in Australia

Residential real estate:

If you would like to invest in residential land you will need to submit your investment proposal for review with the Australian Taxation Office (ATO).

A vacancy fee may apply. To find out more about the vacancy fee, visit ATO's vacancy fee for foreign owners.

 

If you are intending to buy residential real estate (housing), you will need to visit: Australian Taxation Office

For more details, please visit Australia Government The Treasury website.

Surcharge purchaser duty in NSW: 

If you are considered a foreign person and acquire residential-related property in NSW, you must pay surcharge purchaser duty.

 

Surcharge purchaser duty is currently calculated at 8% of the dutiable value (the greater of the purchase price or value of the property) and is paid in addition to transfer duty.

Foreign persons

Individuals, corporations and trustees of a trust can be considered foreign persons for the purposes of surcharge purchaser duty.

Generally, you are not a foreign person if you are a:

International tax treaties may affect a foreign persons liability for surcharge purchaser duty. For more information see international tax treaties.

Transactions that attract surcharge purchaser duty

If you are considered a foreign person, you may have to pay surcharge purchaser duty on a variety of property transactions involving residential-related property. These include but are not limited to:

  • agreements for sale of land

  • property transfers

  • declarations of trust.

Payment due date

Surcharge purchaser duty must be paid on the earlier of:

  • 3 months from the date of the contract or agreement to acquire the residential-related property in NSW or

  • on or before settlement

Payment of surcharge purchaser duty later than 3 months after the contract date will result in interest and penalties being charged.

Declaring your foreign status

When you acquire residential-related property in NSW, you must complete a purchaser/transferee declaration form and provide supporting documents so we can determine if you must pay surcharge purchaser duty.

If there are multiple purchasers/transferees, each one must complete a declaration.

Other supporting documents outlined in the purchaser/transferee declaration - explanatory notes must be provided upon request.

For more details, please visit NSW Government Revenue website.

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