Foreign investment in Australia - Australian Taxation Office
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Foreign investment in Australia
https://www.ato.gov.au/General/Foreign-investment-in-Australia/
Last modified: 03 Jun 2021
QC 46091
Foreign investment is essential to Australia’s prosperity. It has helped build
Australia’s economy and will continue to enhance the wellbeing of Australians by
supporting financial growth.
If you're a foreign person who is planning to invest in Australian residential real
estate, agricultural land, or water entitlements, you may need to apply to the
Foreign Investment Review Board (FIRB) and register your investment with us.
Before you start, you need to check if you're considered a 'foreign person'. This
depends on a range of factors such as your visa status, where you live and
investment ownership.
See also:
Foreign Investment Review Board Guidance Note 2: Key Concepts - select either
the Word or PDF download to see the definition of 'foreign person'.
Find out more:
Residential investment
Agricultural Land Register
Water register
Foreign investment terms and definitions
Fee waiver
Vacancy fee for foreign owners
Update your FIRB email address
How to update your FIRB email address
Contact us about foreign investment
Next steps:
Apply for residential real estate approval
Start your land and water registration
Land and water registration instructions – provides instructions on how to
complete your application
Vacancy fee form and payment instructions – provides assistance on how to
complete your application and make a payment.
See also:
Foreign investment in Australia: what you need to know – Chinese – traditional
(繁体中文) and Chinese – simplified (簡體中文)
Residential property investment: fact sheet for foreign owners – Chinese –
traditional (繁体中文) and Chinese – simplified (簡體中文)
Vacancy fee return: fact sheet for foreign owners – Chinese – traditional (繁体
中文) and Chinese – simplified (簡體中文)
1 of 75Residential investment
https://www.ato.gov.au/General/Foreign-investment-in-Australia/Residential-
investment/
Last modified: 05 Aug 2021
QC 52586
If you’re a foreign person (including a temporary resident or foreign non-resident)
and you plan to invest in Australian residential real estate, you may need to comply
with the following:
lodge a Residential real estate application form and wait for your approval
before you buy
register your purchase – using the land and water registration form after
settlement
lodge a vacancy fee return and make a declaration each year on the
occupancy of your residential property.
Residential real estate includes:
new or near new dwellings
established dwellings to live in
properties for redevelopment
off-the-plan properties
vacant residential land.
On this page:
Before you invest
Exemption certificates
After you invest
Foreign investment rule breaches
See also:
Residential real estate application instructions
Foreign Investment Review Board Guidance Note 1: Overview
Foreign Investment Review Board Guidance Note 2: Key Concepts – refer to
the Word or PDF download for the definition of a 'foreign person' and
'temporary residents'
Foreign Investment Review Board Guidance Note 6: Residential Land – refer
to the Word or PDF download for more information about investing in
residential land
Residential property investment: fact sheet for foreign owners – Chinese –
traditional (繁体中文) and Chinese – simplified (簡體中文)
Foreign investment in Australia – This content is also available in Chinese –
traditional (繁体中文) and Chinese – simplified (簡體中文)
GST at settlement
Before you invest
How to apply
Complete a Residential real estate application form.
Note: You can attach up to six files to your Foreign Investment Review Board (FIRB)
application. Each file must be less than 10MB. Use only English alphanumeric
characters to name each file and keep file names as short as possible. File names
in a different language or using special characters, such as # @ & $, may affect the
submission of your application.
2 of 75If you need to attach more files to your application, send them separately to
firbresidential@ato.gov.au, along with your FIRB approval number. You will receive
a FIRB approval number once you have submitted your application.
We cannot consider your application until you have paid your fee. Make sure you
use the correct payment reference number to reduce any delays.
There are limited circumstances where a fee waiver or remittance will be granted.
This is determined on a case-by-case basis. Fees will generally not be waived or
remitted following an unsuccessful attempt to purchase property or if there has been
a change of mind to invest in the targeted property.
See also:
Foreign Investment Review Board information on Residential real estate
Foreign Investment Review Board Guidance Note 6: Residential Land – refer
to the Word or PDF download for more information about investing in
residential land
Foreign Investment Review Board Guidance Note 6: Fees of Foreign
investment applications – refer to the Word or PDF download for more
information about investing in residential land
Apply for waiver or reimbursement of FIRB application fee – Fee waiver – FIRB
applications
Exemption certificates
If you don't have a specific property identified for purchase, an exemption certificate
enables you to purchase one property in a specified state or territory without having
to apply for individual approval for each property you are interested in.
Temporary residents can use an exemption certificate to purchase a single
established dwelling to live in. They can also purchase a new dwelling or vacant
land for development. Foreign non-residents can use an exemption certificate to
purchase a new or near new dwelling or a single block of vacant land for
development.
An exemption certificate enables you to make multiple attempts to acquire one
property without having to seek individual approval for each property you are
interested in.
Apply for an exemption certificate using the Residential real estate application form.
If you already have an approved exemption certificate and wish to vary the
conditions of the approval, you will need to apply for a variation.
Examples of when you may require a variation:
If you have received approval for an exemption certificate for an established
dwelling to live in and subsequently wish to redevelop this property into more
than one dwelling, you will be required to apply to vary the conditions of your
approval. A fee is payable upon lodging the variation.
If you have received an exemption certificate for vacant land to develop and
require further time to construct or you wish to sell without developing, you will
be required to vary the conditions of your approval. A fee is payable upon
lodging the variation.
Variations that don't substantively change the original FIRB approval would
generally be considered as a proposal for a variation. In contrast, a proposal that
seeks to broaden the scope of the original approval will generally require a new
application. A fee will be payable to vary your exemption certificate.
See also:
3 of 75Exemption certificates for foreign investors of residential real estate
See Residential real estate application – instructions for more information on
variations
Foreign Investment Review Board Guidance Note 6: Residential Land – refer
to the Word or PDF download for more information about investing in
residential land
Foreign Investment Review Board Guidance Note 9: Exemption Certificates –
refer to the Word or PDF download for more information about exemption
certificates
After you invest
You must register your residential real estate purchase with us using the Land and
water registration form no later than 30 days after the date of settlement. There is
no cost involved in registering.
Settlement generally means that you are able to occupy the property if there is a
dwelling on it or you are able to commence building if it is a piece of vacant land
that you have purchased. You do not have to register if you have just signed a
contract and have not yet taken possession of the property.
How to register
Register by completing a Land and water registration form.
You will need to update or remove your details using the Land and water
registration form if:
you no longer hold residential land – when you sell or transfer the land to
someone else
you are no longer a foreign person
the property is no longer residential
Vacancy fee
You must lodge a vacancy fee return every year and make a declaration about the
use of your residential dwelling in the previous 12-month period (vacancy year).
The return must be lodged within 30 days of the end of the vacancy year.
The vacancy fee return must be lodged by foreign owners of residential dwellings
who:
made a foreign investment application for residential property after 7.30pm
AEST on 9 May 2017
purchased under a New dwelling exemption certificate that a developer applied
for after 7.30pm AEST on 9 May 2017.
If you are required to lodge a vacancy fee return, you will need to pay a vacancy fee
if your dwelling is not residentially occupied or genuinely available on the rental
market for 183 days or more during the vacancy year.
A vacancy fee may also apply if the vacancy fee return is not lodged by the due
date.
See also:
Vacancy fee for foreign owners
Foreign investment rule breaches
If you avoid your obligations, for example, if you enter into an unconditional contract
for purchase before you receive approval, you could face an infringement notice, or
4 of 75civil or criminal penalties.
If you have information about someone you think may be deliberately breaking our
foreign investment rules, you can report them confidentially.
See also:
Report a breach of the foreign investment real estate rules
Foreign Investment Review Board Guidance Note 14: Compliance –
Residential – refer to the Word or PDF download for more information
Foreign Investment Review Board's page on Compliance
Exemption certificates for foreign investors of
residential real estate
https://www.ato.gov.au/General/Foreign-investment-in-Australia/Residential-
investment/Exemption-certificates-for-foreign-investors-of-residential-real-
estate/
Last modified: 23 Apr 2021
QC 64467
If you are a foreign person investing in Australian residential real estate, you may
need foreign investment approval before purchasing a property.
You can apply for an exemption certificate. This will allow you to bid or make offers
on multiple properties within a specific state or territory – provided you only proceed
with purchasing one property.
If you obtain an exemption certificate, you will not need to seek individual approval
for each property you want to purchase, avoiding the need for variations or new
applications after each unsuccessful bid.
You can apply for an exemption certificate even if you have already signed a
contract, provided the contract is still conditional.
Your exemption certificate will:
be valid for 12 months from the date of approval
specify a limit on the property value
specify the state or territory in which the property may be purchased
specify the types of property that may be purchased.
Exemption certificates will normally be approved subject to the same standard
conditions for a foreign person applying for approval for a specific property type.
These include an established dwelling, new dwelling or vacant residential land title.
Find out about:
Eligibility
How to apply
Conditions
Fees
Penalties
After you invest
Where to get help
5 of 75Eligibility
Eligibility rules apply to the type of purchase for a:
Temporary resident
Foreign non- resident
Temporary resident
If you are a temporary resident , you can apply for an exemption certificate to allow
you to purchase one of the following:
an established dwelling to live in
a new dwelling, or
a single block of vacant land for development.
Example 1
Zhong is a temporary resident. She wants to purchase a dwelling in Hobart
to live in while she is in Australia. She applies for an exemption certificate
that will allow her to purchase one unspecified property (new, established or
vacant land) for less than $2 million. She is granted the certificate which is
valid for 12 months.
Zhong attends multiple auctions and is unsuccessful. She then makes a
private offer on an established dwelling for $1.5 million, and her offer is
accepted. Zhong has used her exemption certificate to purchase an
established dwelling. She is no longer able to use that certificate to buy any
other property.
Example 2
Jaymie is a temporary resident. He wants to purchase a dwelling in
Queensland to live in while he is in Australia. He applies for a residential
land exemption certificate that will allow him to purchase one unspecified
residential property for $1 million or less. He is granted the exemption
certificate which is valid for 12 months.
After a number of failed offers on new and established dwellings over
several months, Jaymie attends an auction where the bidding reaches
$1 million. Jaymie continues to bid on the property, despite reaching the
value limit on his certificate. The hammer comes down when he is the
highest bidder at $1.1 million.
The purchase price is higher than the amount specified in Jaymie's
exemption certificate. This means the certificate is not valid for his property
purchase. Jaymie does not have foreign investment approval to purchase a
property over $1 million. He has now breached the law and is subject to
penalties.
Foreign non-resident
If you are a foreign non-resident you can apply for an exemption certificate to allow
you to purchase one of the following:
6 of 75a new dwelling
a single block of vacant land for development.
Example 1
Josef is a foreign person who wants to purchase a vacant residential land
title up to the value of $2 million in Sydney. He wants to build a house on the
land.
Josef makes a private offer on a title of vacant residential land for
$1.5 million, and his offer is accepted. The parties sign a conditional
contract requiring them to obtain foreign investment approval prior to the
contract becoming binding. They apply for a residential land (other than
established dwelling) exemption certificate up to a value of $2 million. Josef
is granted the certificate which is valid for 12 months for a single purchase
of up to $2 million.
After the application is approved, the contract becomes binding and Josef
proceeds with the purchase of the vacant land.
Josef has used his exemption certificate to purchase the block of vacant
residential land. He is no longer able to use that certificate to acquire any
other vacant residential land titles.
If Josef's purchase was unsuccessful and the contract did not become
binding, he could use the certificate to buy another block of land within
12 months from approval.
Example 2
Suki is a foreign person who wants to purchase a new dwelling in
Queensland to rent out. She applies for a residential land (other than
established dwellings) exemption certificate to allow her to purchase one
unspecified new dwelling for $1 million or less. She is granted the certificate
which is valid for 12 months.
Suki views a number of apartments for sale and finds two separate new
dwellings that she wishes to purchase. Because they are being sold by
different vendors and they are for $500,000 each, she decides to give each
vendor a copy of her exemption certificate. She then proceeds with the
purchase of both dwellings.
The exemption certificate only allows Suki to purchase one new dwelling.
Even though the combined total purchase price doesn’t exceed the total
$1 million value allowed, she does not have approval to purchase the
second dwelling. Suki has breached the law and is subject to penalties.
How to apply
Applying for an exemption certificate is similar to applying for a specified property
application.
To apply for an exemption certificate:
complete the Foreign Investment Review Board application form
7 of 75on the Application type screen, select 'Exemption certificate' and follow the
prompts
use the Residential real estate application instructions to help you complete
your application.
Take care to supply the correct details and all required information as part of your
application. If you need to change the details listed after an approval has been
granted, you may need to reapply and pay further fees. This could include, for
example, changing the name on the approval.
Conditions
The exemption certificate will be approved subject to the following conditions:
The certificate will generally be valid for 12 months from the date of approval
or until one property is purchased, whichever comes first.
You may purchase one dwelling or vacant land title (depending on your
eligibility) without needing to seek individual approval for each property of
interest.
The purchase price of the property is up to a specified value.
The property is in a specified state or territory within Australia.
You register your property purchase on the ATO Land and Water Register no
later than 30 days after settlement. To register, complete the ATO Land and
Water Registration Form.
Your exemption certificate will be approved subject to the standard conditions that
apply to a foreign person applying for approval for the purchase of a specific type of
property.
The property types may include:
a new dwelling
a vacant residential land title
a specific established dwelling to live in as a residence (home) in Australia.
(Note: this type is not available to non-residents).
On purchase of one of these property types you must comply with the conditions
for:
Established dwellings
New dwellings
Vacant land
Established dwellings
The property is vacant at settlement.
You use the property as your principal place of residence in Australia.
If the property ceases to be your principal place of residence in Australia, then
you must sell, transfer or otherwise dispose of your interest in the property
within six months.
If you cease being a temporary resident within the meaning of the Foreign
Acquisitions and Takeovers Act 1975, then you must sell, transfer or otherwise
dispose of your interest in the property within six months.
You don’t rent out any part of the property.
New dwellings
You do not purchase a dwelling where a single dwelling has been built to
replace one or more demolished dwellings.
Vacant land
8 of 75You must complete the construction of all dwellings within four years of the
date of the approval notice.
If the vacant land has previously had a dwelling on the land, you must
construct more than one dwelling each of comparable size and value.
If the vacant land has never previously had a dwelling on the land, you must
construct at least one dwelling.
You do not sell, transfer or otherwise dispose of your interest in the vacant
land prior to completing construction of all dwellings.
You will need to notify us no later than 30 days after the day on which a
certificate of fitness for occupancy or use is issued for each dwelling on the
property. To notify us you will need to complete the FIRB Vacancy Fee form.
Varying conditions
Foreign persons may apply to vary the conditions of the exemption certificate. A fee
will apply for this. To vary the conditions on an existing approval you can also use
the Foreign Investment Review Board application form.
Requests to change an application not yet determined by the ATO do not need a
variation application form. If you need to change an undecided application, email us
at FIRBresidential@ato.gov.au.
See also:
Foreign Investment Review Board Guidance Note 10: Fees - refer to the Word or
PDF download for information about fee variations.
Fees
We will consider an application for a residential land (other than established
dwellings) exemption certificate once the relevant application fee has been paid.
The application fee is based on the same tiered fee structure if seeking individual
approval to purchase a specific established dwelling, new (or near new) dwelling or
vacant land title.
Fees will generally not be waived or remitted if you either:
purchase a property for a price less than the amount specified in the certificate
are unsuccessful in purchasing a property before the certificate expires.
See also:
Foreign Investment Review Board Guidance Note 10: Fees - refer to the Word or
PDF download for information about fees.
Penalties
Foreign persons who do not comply with the conditions on the certificate will have
breached the foreign investment rules. You may be subject to strict penalties,
including civil and criminal penalties and disposal orders.
For example, you don't comply if you purchase:
a property above the specified value
more than one property
outside the 12-month approval period
a property in a state or territory not specified in the exemption certificate
a property and breach any of the specific conditions relevant to that type of
property.
Cases of non-compliance with Australia’s foreign investment framework may also be
brought to the attention of law enforcement agencies and other Australian
9 of 75Government departments, such as the Department of Home Affairs.
If you suspect you’ve breached your foreign investment conditions or wish to report
a suspected breach of foreign investment rules, you can:
report it confidentially in the online form at Report a breach of the foreign
investment real estate rules
phone our tip-off hotline on 1800 060 062.
If you would like more information on what is a breach, see
Australia’s Foreign Investment Policy (PDF 1.72MB)
Report a breach of the foreign investment real estate rules.
After you invest
You must register your residential real estate purchase with us using the Land and
Water Registration form no later than 30 days after the date of settlement. There is
no cost to register.
Settlement generally means that you are able to:
occupy the property if there is a dwelling on it
commence building if you have purchased a piece of vacant land.
You do not have to register if you have just signed a contract and have not yet
taken possession of the property.
If your property has a residential dwelling on it, within 30 days of the end of every
12-month period you own it you must either:
lodge a FIRB vacancy fee form
issue an occupancy certificate telling us how the dwelling was used.
See also:
Land and water register and instructions
Vacancy fee for foreign owners
Foreign Investment Review Board Guidance Note 2: Key Concepts - refer to
the Word or PDF download for definitions on who is considered a 'foreign
person' and 'temporary residents'
Foreign Investment Review Board Guidance Note 6: Residential Land - refer to
the Word or PDF download for information.
Foreign Investment Review Board Guidance Note 9: Exemption Certificates -
refer to the Word or PDF download for information.
Foreign Investment Review Board Guidance Note 10: Fees - refer to the Word
or PDF download for information.
Foreign Investment Review Board Guidance Note 14: Compliance -
Residential - refer to the Word or PDF download for information.
Where to get help
To find out more about lodging your application you can phone us on either:
1800 050 377 within Australia
+61 2 6216 1111 outside Australia.
If you do not speak English well and want to talk to a tax officer, you can phone the
Translating and Interpreting Service on:
13 14 50 within Australia
+61 3 9268 8332 outside Australia.
10 of 75Agricultural Land Register
https://www.ato.gov.au/General/Foreign-investment-in-Australia/Agricultural-
Land-Register/
Last modified: 08 Oct 2021
QC 52588
The Register of Foreign Ownership of Agricultural Land (Agricultural Land Register)
provides details about foreign ownership of Australian agricultural land.
If you’re a foreign person and plan to invest in Australian agricultural land:
you may need to apply for approval before you invest
you're required to register on the Agricultural Land Register.
On this page
Before you invest
Registration after you invest
Penalties and reporting breaches
Statistics and reporting
Contact us
Before you invest
Before you invest in Australian agricultural land, you may need to apply to the
Foreign Investment Review Board (FIRB). Applying for approval depends on:
the value of the investment
whether you are an investor from one of our trade agreement partners
whether you are a foreign government investor
whether you have a close connection to Australia.
See also:
Foreign Investment Review Board Guidance Note 2: Key Concepts – refer to
the Word or PDF download for the definition of a 'foreign person'
Foreign Investment Review Board Guidance Note 3: Agriculture – refer to the
Word or PDF download for information
Register of Foreign Ownership of Water or Agricultural Land Rules 2017 – for
further information on exemptions
How to apply
If you need FIRB approval to invest in Australian agricultural land, apply using the
FIRB Application Portal .
Refer to Apply now for details on how to apply.
Registration after you invest
After you have invested, you need to register your interests on the Agricultural Land
Register.
To register, you'll need to complete the Land and Water Registration Form, unless
an exemption applies to your circumstance after you invest.
Find out about:
Who must register
When to register
11 of 75How to register
If your situation changes
Who must register
If you are or become a foreign person and have invested in Australian agricultural
land, you must tell us by registering on the ATO Land and Water Register.
Exemptions may apply and it doesn't cost anything to register.
Register if you:
are the owner
have a right to occupy agricultural land under a lease or licence whose
remaining term (including any extension or renewal) was (at the start of 1 July
2015) reasonably likely to exceed five years
have a right to occupy the agricultural land under a lease or licence that
started after the 1 July 2015 and that is likely to exceed five years (including
possible extensions or renewals)
you're a foreign person and hold land which becomes agricultural land while
you're holding it.
Generally, the person with the direct legal interest is required to register their
holding with us. Where there are multiple foreign persons with a legal interest in
agricultural land, each person must register with us.
Registration is required regardless of the value and date of acquisition.
When to register
A foreign person or their agent must register their agricultural land interest within
30 days of the date of an event occurring.
Land and water register and instructions
How to register
To register, you'll need to complete the Land and Water Registration Form.
You'll need to provide the following information:
entity details
FIRB approval number (if obtained)
land location, size and usage details
land title information
percentages of the interest held in the land by the registering entities
date of the event (for example, settlement)
the land value
the current types and percentage of land use of the property.
Multiple properties
You can use the Land and Water Registration Form to register up to 20 properties if
it's for the same registration reason.
If you need to register more than 20 properties, or one property with more than
20 titles, you'll need to enter the remaining properties or title information on a new
registration form.
12 of 75Note: You must enter the same contact and owner details as before for the
additional forms to be linked to the first registration form. If there is more than one
owner, make sure you enter the owners in the same order as your first registration.
If you have more than 100 property titles to register, email us at
LandRegister@ato.gov.au
If your situation changes
You'll need to update your existing registration by completing a Land and Water
Registration Form if:
you're no longer a foreign person
you no longer hold agricultural land
the land becomes agricultural land while you are holding it
the land ceases to be agricultural land while you are holding it.
Penalties and reporting breaches
If you avoid your obligations to register or fail to keep your details up to date, you
may face penalties under the Taxation Administration Act 1953.
Application of the failure to lodge penalty under the Act is outlined in PS LA 2011/19
Administration of the penalty for failure to lodge.
If you think someone may be deliberately breaking our foreign investment rules, you
can report it confidentially to us by completing the ATO tip-off form.
See also:
Report a breach of the foreign investment real estate rules
Compliance activity
We have recently begun a compliance campaign targeted at foreign investors that:
hold agricultural land
have not registered their agricultural land interest.
The campaign aims to encourage self-registration through email, SMS and
registered mail channels. Failure to register your agricultural land interest may result
in penalties.
If you have questions about this campaign or would like further information, contact
us on:
email firbcompliance@ato.gov.au
phone 1800 050 377
Statistics and reporting
Every year the Commissioner of Taxation reports to the Treasurer about the
operation of the Register of Foreign Ownership of Water or Agricultural Land Act
2015. They also publish aggregate statistics of foreign ownership.
View the latest Register of Foreign Ownership of Agricultural Land – Report of
Registrations .
The reported statistics include:
the proportion of Australian agricultural land held by foreign persons
the level of foreign interests in agricultural land by state or territory
the level of foreign interests in agricultural land by country of incorporation or
13 of 75ultimate owner (if possible)
how agricultural land is used.
We only include aggregated statistics in the report. Privacy restrictions prevent us
from publishing information which may identify an individual or entity.
Contact us
If you can't resolve an issue, contact us:
1800 050 377 (in Australia)
+61 2 6216 1111 (outside Australia)
LandRegister@ato.gov.au
If you need language assistance, contact the Translating and Interpreting Service:
13 14 50 (in Australia)
+61 3 9268 8332 (outside Australia).
Water Register
https://www.ato.gov.au/General/Foreign-investment-in-Australia/Water-
Register/
Last modified: 08 Apr 2021
QC 52589
The Register of Foreign Ownership of Water Entitlements (Water Register) was
established to provide greater transparency about the level of foreign ownership of
Australia’s water entitlements.
If you're a foreign person you may need to register your interests in certain water
entitlements or contractual water rights on the Water Register by completing the
Land and Water Registration Form unless an exemption applies.
See also:
Foreign Investment Review Board (FIRB) Guidance Note 2: Key Concepts
Who is a ‘foreign person’? - refer to the Word or PDF download for the
definition of a 'foreign person'
Water register terms and definitions
On this page:
When to register
How to register
If your situation changes
Penalties and reporting breaches
Statistics and reporting
Contact us
Who must register
From 1 July 2017, foreign persons are required to register their interests in
registerable water entitlements and contractual water rights on the Water Register
by completing the Land and Water Registration Form.
The definitions of registrable water entitlement, contractual water right, and foreign
person in relation to irrigation infrastructure can be found on the foreign investment
14 of 75terms and definitions page.
See also:
Foreign Investment Review Board (FIRB) Guidance Note 2: Key Concepts -
refer to the 'Word download' or 'PDF download' for the definition of a 'foreign
person'
When to register
A foreign person or their agent may register at any time during the year (for
example, when the event occurs). However, they must register no later than
30 days after the end of the financial year when the event occurred.
As a foreign person you will need to register your interest in a registrable water
entitlement or a contractual water right, when you:
acquire a registrable water entitlement or contractual water right
became a foreign person while holding a registrable water entitlement or
contractual water right.
How to register
To register you will need to complete the Land and Water Registration Form. It is
free to register.
You will need to provide the following information:
ownership details, including nationality and percentage owned
water entitlement details, including type and entitlement number or identifier
water resource type
flow control (if applicable)
volume (megalitre)
sector and usage details.
Land and water register and instructions
If your situation changes
You will need to update your existing registration by completing the Land and Water
Registration Form when:
you dispose of the registrable water entitlement or contractual water right
you are no longer a foreign person
the volume of your registrable water entitlement or contractual water right
changes.
If you are unsure of when you're required to register, see the examples on Water
register terms and definitions.
Penalties and reporting breaches
If you don't meet your obligations to register, or fail to keep your details up to date,
you may face administrative penalties under the Taxation Administration Act 1953.
More information on the failure to lodge penalty is outlined in PS LA 2011/19 -
Administration of the penalty for failure to lodge.
If you have information about someone you think may be deliberately breaking our
15 of 75foreign investment rules, you can report it to us.
See also:
Report a breach of the foreign investment real estate rules
Statistics and reporting
The Commissioner of Taxation reports annually to the Treasurer on the operation of
the Register of Foreign Ownership of Water or Agricultural Land Act 2015. is The
Commissioner is required to publish aggregate statistics of foreign ownership each
year.
The latest Register of Foreign Ownership of Water Entitlements – Report of
Registrations is available at Foreign Investment Review Board publications .
Reported statistics include:
proportion of water entitlements held by foreign persons
foreign held water entitlement by state or territory
foreign held water entitlement by state or territory and resource
foreign held water entitlement by state or territory and type
how foreign held water entitlements are used.
Contact us
If you can't resolve an issue, you can phone or email us:
1800 050 377 (within Australia)
+61 2 6216 1111 (from outside Australia)
LandRegister@ato.gov.au
If you need language assistance contact the Translating and Interpreting Service:
13 14 50 (within Australia)
+61 3 9268 8332 (from outside Australia).
Residential real estate application –
instructions
https://www.ato.gov.au/General/Foreign-investment-in-Australia/Residential-
real-estate-application---instructions/
Last modified: 23 Aug 2021
QC 47396
Foreign persons (including temporary residents and foreign non-residents), who
plan to invest in Australian real estate, may need to apply for foreign investment
approval before they purchase property in Australia.
These instructions explain who needs to apply for foreign investment approval, and
how to complete the Residential real estate application form.
Find out about:
Before you apply
When to use the application form
16 of 75Exemption certificates
Property developers and new dwelling exemption certificates
Variations
After you invest
Start your application
Completing the application form
Paying your application fee
Report a breach of the foreign investment rules
Before you apply
Before you purchase residential real estate, you should check the Foreign
Investment Review Board (FIRB) guidance notes to see if you require FIRB
approval or are exempted.
Depending on your Australian residential real estate investment, you may need to
provide us your visa details so we can determine if you need to apply for FIRB
approval. For example, temporary residents may need to apply for approval.
A temporary resident is an individual who:
holds a temporary visa that allows them to stay in Australia for a continuous
period of 12 months or more (regardless of how long remains on the visa); or
resides in Australia, has submitted an application for a permanent visa and
holds a bridging visa that allows them to stay in Australia until their application
is finalised.
The type of visa you hold determines what property applications you can apply for.
For example, if you hold a bridging visa that will not lead to a permanent resident
visa, then you cannot apply for an established dwelling – unless you intend to
redevelop the property.
See also:
Explore visa options – on the Department of Home Affairs website
Next step:
Foreign Investment Review Board Guidance Note 2: Key Concepts – refer to
the Word download (317.02KB) or PDF download (1.48MB) for the
definitions of 'foreign person' and 'temporary residents'
list of exemptions.
When to use the application form
Use this form to apply for approval to purchase Australian residential real estate.
You must complete a separate application for each property you intend to purchase.
You can also use the application form to request approval to vary the conditions of
an existing foreign investment approval.
Exemption certificates
An exemption certificate allows a foreign person to make multiple attempts to
acquire one property, in a nominated state or territory, without having to seek
individual approval for each property they are interested in.
Foreign persons can use an exemption certificate to purchase a new or near-new
dwelling, or a single block of vacant land.
Temporary residents can also use an exemption certificate to purchase an
established dwelling to live in while residing in Australia.
17 of 75Apply for an exemption certificate using the Residential real estate application form.
See also:
Exemption certificates for foreign investors of residential real estate
Property developers and new (or near-new) dwelling
exemption certificates
If you are a property developer proposing to sell new dwellings or near-new
dwellings to foreign persons, you can apply for a new (or near-new) dwelling
exemption certificate.
If approved, you can provide foreign investors with a copy of the exemption
certificate and, in most cases, the investors won't need to apply for their own foreign
investment approval to purchase a new dwelling or near-new dwelling in that
development.
See also:
New or near-new dwelling exemption certificate
Foreign Investment Review Board Guidance Note 6: Residential Land – refer
to the Word or PDF download for more information
Variations
You can also use the Residential real estate application form to request a variation
of a previous FIRB approval. Requests to change an application not yet determined
by the ATO don't need a variation application form.
If a change to an undecided application is needed, email us at
FIRBresidential@ato.gov.au.
Variation applications will be considered on a case-by-case basis including the
timing of the request, the nature of the variation, control over circumstances and
fees.
Variations that don't substantively change the original FIRB approval would
generally be considered as a proposal for a variation. In contrast, a proposal that
seeks to broaden the scope of the original approval will generally require a new
application.
Fees are payable for variations. The level of fee is dependent on the complexity of
the variation requested.
The fee for variations that are:
complex (not of an immaterial or minor nature) will be $12,700
simple (considered immaterial or minor) will be $2,000.
Determining the complexity of the variation requested
Examples of complex variations include situations where you want to:
change or remove a condition imposed
extend the validity period of the no-objection notification or exemption
certificate
add a new wholly-owned subsidiary as an applicant.
Examples of simple variations are limited to situations where you want to fix:
typographical errors, or
errors to the name of the acquirer, target, or property being acquired.
18 of 75However, if you paid a lower fee when you originally applied for approval, the fee
will be capped at the lower initial application fee.
To avoid delays in processing a variation, make sure the correct fee is paid.
See also:
Foreign Investment Review Board Guidance Note 10: Fees – refer to the Word
or PDF download for more information
After you invest
Land and water register
You must register your residential real estate purchase with us using the Land and
Water Registration form no later than 30 days after the date of settlement. There is
no cost involved in registering.
See also:
Land and water registration instructions
Vacancy fee
If your property has a residential dwelling on it, you must lodge an annual vacancy
fee return within 30 days of the end of every 12-month period you own it, telling us
how the dwelling was used.
See also:
Vacancy fee for foreign owners
Start your application
Use this form to apply for approval to purchase Australian residential real estate or
to ask us to vary the conditions of an existing foreign investment approval.
We collect data on purchases, sales and transfers of properties by foreign persons
through the Land Register. The information you disclose on this form may be used
for this purpose.
This form can’t be completed in some older browsers, such as Internet Explorer 8. If
the form doesn't appear, you may need to update your browser.
Start your application
Completing the application form
You must complete the application form in full and submit it in one session. You
cannot save an incomplete application and return to complete it later.
Mandatory fields are marked with an asterisk (*). Use the Help button at the top of
the form to find extra information about each field in the application form.
Find out about:
Terms and conditions
Contact details
19 of 75Applicants
Application type
Property details
Attachments
Declaration and submitting the form
Print your application
Navigating the form
Terms and conditions
Read the terms and conditions carefully. They outline your obligations and how we
use the information you provide on the application form.
Check the I agree to the terms and conditions box, and then click on the Apply
button to continue.
Contact details
Provide the contact details of the person we can ask for more information about
your application.
The contact person is usually the person who is submitting the application on behalf
of the purchaser. If you are the purchaser and are submitting the form yourself,
provide your own contact details here.
Applicants
Provide the details of all purchasers of the property.
Individuals
Individuals need to tell us whether they intend to purchase the property as a sole
purchaser or with another party (as joint tenants or as tenants in common).
If you are purchasing as:
joint tenants – you will need to provide the details of all purchasers (applicants)
on the one application form.
tenants in common – only one purchaser can be listed on each application
form.
If the other purchasers you are buying the property with are also foreign people,
they need to lodge their own application and pay a separate fee. If they are exempt,
they don't need to lodge an application.
If you intend to purchase an established dwelling you need to provide your passport
and visa details in this section.
Enter your street address details, don't provide a post office box.
If you have been issued with an Australian tax file number (TFN), it must be
provided in the application form.
Company
If you are applying as a company, you need to provide your legal name and country
of incorporation.
If there are any shareholders who hold more than a 5 percent interest in the
purchaser then you must list all shareholders/beneficiaries who hold more than a 5
percent interest in the purchaser.
Trust
20 of 75If you are applying as a trust, you need to provide the:
name of the trust
trust country of registration
name of the trustee
trustee's country of residence
ownership percentage.
Where the trustee is:
an individual – provide the nationality from the trustee's passport
a company – provide the registered address.
Previous applications
Select Yes and provide the FIRB approval number if you:
have previously applied for foreign investment approval, for this or other
properties
are applying for approval to vary the conditions of your existing FIRB approval.
Application type
Select the type of application you are seeking approval for.
New dwelling
Established dwelling
Vacant land
Exemption certificate
Variation – simple
Variation – complex
New or near-new dwelling exemption certificate – this option is for property
developers only
Established dwelling
If you select Established dwelling you must tell us how you intend to use the
property by selecting one of the following options:
Use the property as your principal place of residence – this option
is only for holders of eligible temporary residency visas
requires you to provide the visa and passport details for all applicants
under the Applicants tab
Redevelop the property to increase the number of dwellings
Use the property for staff accommodation – this option is only for companies or
trusts.
Exemption certificate
If you select Exemption certificate you must tell us what type of property you intend
to purchase. See exemption certificates to determine if this option is suitable for
you.
You can select one, or more, of the following:
Established dwelling to be used as your principal place of residence – this
option
is only for holders of eligible temporary residency visas
requires you to provide the visa and passport details for all applicants
under the Applicants tab
New dwelling
Vacant land.
21 of 75Variation – simple or complex
To ensure the correct variation fee is applied, select either:
Variation – simple to request a simple change to your approval conditions or
other details for a previous FIRB approval. Under Applicant details you'll need
to include the
FIRB approval number
application fee amount of the FIRB approval you want to change.
Variation – complex to request a complex change to your approval conditions
or other details for a previous FIRB approval. Under Applicant details you'll
need to include the
FIRB approval number
application fee amount of the FIRB approval you want to change.
We will start assessing your application once the correct fee is paid.
If you need help you can:
phone the Foreign Investment Inquiry Line on 1800 050 377
email FIRBResidential@ato.gov.au
Property details
If you are purchasing a specific property, provide the exact:
address details – including the lot or street number, street name and post code
title details.
Vacant land
If you intend to purchase vacant land, you need to provide information about the
development of the land, such as how many dwellings will be built.
If you answer Yes to the question Has a contract been signed for the purchase of
the property?, you need to attach a copy of the contract to the application in the
Attachments section.
New dwelling
If you answer Yes to the question Has a contract been signed for the purchase of
the property?, you need to attach a copy of the contract to the application in the
Attachments section.
Established dwellings
If you select Established dwelling you must tell us how you intend to use the
property by selecting one of the following options:
Use the property as your principal place of residence – this option
is only for holders of eligible temporary residency visas
requires you to provide the visa and passport details for all applicants
under the Applicants tab
Redevelop the property to increase the number of dwellings.
Use the property for staff accommodation – this option is only for companies or
trusts.
If you are purchasing the property for the purpose of redevelopment, make sure you
answer all questions regarding the development of the property.
If you answer Yes to the question Has a contract been signed for the purchase of
the property?, you need to attach a copy of the contract to the application in the
Attachments section.
22 of 75Purchase details
Provide details about the property you intend to purchase.
The fee for your application is calculated on the expected purchase price of the
property that you insert in this section.
Tenants in common
If you are purchasing the property as tenants in common, you need to pay a fee
according to your share of the property's value.
So that we can correctly calculate your application fee, you must show:
the full expected purchase price of the property
your ownership percentage.
Your fee will then be calculated according to your share of the property's purchase
price.
For example, if you are purchasing a property valued at $1,500,000 and your share
is 10%, we will calculate your application fee based on your share of the property
value ($150,000).
Attachments
You can attach documents to support your application.
In some cases, you will need to add an attachment before you can submit the form.
If your contract is unconditional, attach a full copy of your contract.
If you are seeking a variation to an existing approval, attach a document describing
in detail what you want to vary. For example, you want to ask for extra time to
redevelop your property, or you want to seek approval to sell vacant land without
building a dwelling on it.
If you are a property developer seeking approval for a new dwelling exemption
certificate, attach documents to support your application.
If you are an individual applying for approval to purchase a second-hand dwelling,
attach a copy of your passport showing your name and passport number.
Note: You can attach up to six files to your FIRB application. Each file must be
under 10MB. Use only English alphanumeric characters to name each file and keep
file names as short as possible. File names in a different language or using special
characters, such as # @ & $, may affect the submission of your application.
Declaration and submitting the form
Before you submit your form, ensure you have answered all relevant questions
correctly and have read the declaration. An incomplete form may delay processing
and you may be asked to complete and submit a new form.
Once you have submitted the form, a confirmation message will appear on-screen.
If you don’t see the confirmation message within a few minutes of submitting your
application, we may not have received it. Do not submit another application – phone
us on 1800 050 377 (within Australia) or +61 2 6216 1111 (from outside Australia) to
confirm.
We aim to process your application within 30 days of receiving the full amount of the
application fee. We will send you an email with our decision within 10 days of
making it.
23 of 75For some complex applications, we may ask you for extra time to make the decision.
Print your application
You can print your application at any time using the Print friendly version button at
the end of each section.
We recommend you print a copy of your application after you have submitted it,
using the Print friendly version button.
Navigating the form
You can move back and forth between the sections in the form using the Back and
Next buttons.
You can close the application (without completing it) at any time, but you cannot
save the incomplete application. You will need to submit a new application when
you are ready to proceed.
Paying your application fee
We cannot consider your application, or variation of a previous FIRB approval, until
we receive full payment of your application fee. Residential land fees apply for each
application, based on the value of the property.
See also:
Foreign Investment Review Board Guidance Note 10 – Fees – refer to the
Word or PDF download for more information
Payment reference number
You need a payment reference number (PRN) to pay your application fee. You will
receive your PRN after you submit your application form.
It's important to quote the correct PRN when paying your application fee. If you don't
quote the correct payment reference number, we may not be able to identify your
payment and your application decision may be delayed.
The PRN is a unique 18-digit number (with no alpha or special characters).
How to pay for your application
To pay your application fee, go to how to pay and select the most suitable payment
option for your circumstances.
Fee waivers
In limited circumstances, we may grant a fee waiver. We consider all requests on a
case-by-case basis. Generally, we don't waive fees if you:
are unsuccessful in purchasing a property, even if it's for reasons beyond your
control
change your mind about purchasing the property
withdraw your application.
You need to lodge your application before we can consider waiving the fee.
See also:
Fee waiver – FIRB applications
Report a breach of the foreign investment rules
24 of 75To report a suspected breach of foreign investment rules you can:
complete the tip-off form
phone us on the ATO Tip-off hotline on 1800 060 062.
We investigate all reports of suspected breaches if enough information is provided.
If you suspect you’ve breached your foreign investment conditions, contact us as
soon as possible.
See also:
Report a breach of the foreign investment real estate rules
Where to get help
To find out more about lodging your application you can:
phone us on 1800 050 377 within Australia
+61 2 6216 1111 outside Australia
If you don't speak English well and want to talk to a tax officer, you can phone the
Translating and Interpreting Service on
13 14 50 within Australia
+61 3 9268 8332 outside Australia
Fee waiver – FIRB applications
https://www.ato.gov.au/General/Foreign-investment-in-Australia/Fee-waiver/
Last modified: 12 Aug 2021
QC 52709
Use this form to apply for a waiver or reimbursement of a Foreign Investment
Review Board (FIRB) application fee, variation to an existing approval or Vacancy
fee.
If you are a foreign person, you must pay a fee for each application made, or notice
given, under the Foreign Acquisitions and Takeovers Act 1975 (Act). Fees are only
waived or reimbursed in limited circumstances.
You must pay your fee for a residential real estate application or variation to an
existing approval when you lodge the application or variation request. We can't
consider your application until you pay the correct fee.
On this page:
Waiver or reimbursement
Completing the form
What happens next
See also:
Foreign Investment Review Board Guidance Note 2: Key Concepts – refer to
the Word or PDF download for the definition of a 'foreign person'
Foreign Investment Review Board Guidance Note 10: Fees – refer to the Word
or PDF download for information about fees
25 of 75Waiver or reimbursement
We will generally not waive a fee if you:
don't end up purchasing the property, even if this was beyond your control
change your mind about purchasing the property.
There are limited circumstances where a fee waiver or remission is likely to be
granted. These include, but are not limited to:
if you are a 'passive foreign government investor' applying for an exemption
certificate
if the application is eligible for an exemption.
We consider all applications for fee waivers and reimbursements on a case-by-case
basis. All decisions are final.
See also:
Foreign Investment Review Board Guidance Note 10: Fees – refer to the Word
or PDF download for information about fees
Completing the form
To apply for a fee waiver or reimbursement, you will need to lodge a Foreign
investment application fee waiver request via the link on this page.
There are four options on the form. Choose the option that applies to your situation:
Variation to existing approval
Current application fee
Vacancy fee
Other
Variation to existing approval
Choose this option if:
you have recently lodged a request to vary an existing FIRB approval. For
example, to add a purchaser or extend the construction period, and
we haven't made a decision on your request yet.
You will need to provide your FIRB approval number and full details of the reasons
why you think the variation fee should be waived.
Attach any relevant documents, such as a copy of your previous FIRB approval.
Don't select this option if we have already notified you of our decision on your
variation request – select Other instead.
Current application fee
Choose this option if:
you have recently lodged an application for FIRB approval, and
we haven't made a decision on the application yet.
You will need to provide your FIRB reference number and full details of the reasons
why you think the application fee should be waived.
Attach any relevant documents, such as previous FIRB approval, contracts of sale
or copies of visa grants.
We cannot waive a fee before you lodge your application.
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