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Buying property abroad

Country guide

Buying property in Australia as a foreigner

Rules last checked 29 October 2026 · 28 official sources · Education, not financial, tax, legal or immigration advice.

Australia requires a foreign person to obtain foreign investment approval before buying residential land, and from 1 April 2025 to 30 June 2029 buying an established dwelling is generally banned, while vacant land and new dwellings stay open with approval. Australian citizens, permanent residents and eligible New Zealand citizens are not caught.

What are you doing with Australia?

Returns after tax, what is withheld, and the way out.

  1. 1

    What buying costs

    A foreign buyer in Australia pays a foreign investment application fee of AUD 15,600 for a purchase up to AUD 1 million (1 July 2026 to 30 June 2027), plus a state surcharge on transfer duty of 9% in New South Wales, 8% in Victoria, Queensland and Tasmania, and 7% in Western Australia and South Australia. Details

  2. 2

    Rent

    Foreign residents pay Australian tax on Australian rental income at 30% up to AUD 135,000, 37% from AUD 135,001 to AUD 190,000 and 45% above AUD 190,000, with no tax free threshold, for the 2024 to 25 income year and later, and lodge an Australian tax return each year. Details

  3. 3

    What an owner pays each year

    Foreign owners in Australia pay an annual vacancy fee, generally double the application fee, if a dwelling is not occupied or genuinely available for rent for at least 183 days in a 12 month period, and state land tax surcharges apply of 5% in New South Wales, 4% in Victoria, 3% in Queensland, 2% in Tasmania and 0.75% in the Australian Capital Territory. Details

  4. 4

    Selling

    For acquisitions from 1 January 2025 the purchaser of Australian property from a foreign resident pays 15% of the price to the Commissioner of Taxation unless a clearance certificate or variation applies, and the 50% CGT discount is denied for the part of a gain that accrued while the owner was a foreign or temporary resident after 8 May 2012. Details

Questions people in this position often miss

  • Will I be taxed twice?Depends on your country

    The country of the property and the country where the owner lives can each tax the same rent or gain.

  • Can I borrow locally?Not confirmed yet

    Lending to a buyer living abroad is limited in many countries and the loan to value limit can be lower.

  • Can I move the money out of my own country?Depends on your country

    Some countries cap or review money sent abroad to buy a home, and banks ask where the money came from.

  • What do I report at home?Depends on your country

    Foreign property, foreign accounts and foreign rent can each carry a form in the owner's own country.

  • What is changing soon?Answered below

    Until 30 June 2029 the ban on foreign purchases of established dwellings applies, after the 2026 to 27 Budget extended it from 31 March 2027.

Whether a purchase gives a right to live there, and what living there costs in tax.

  1. 1

    Residence through property

    Australia's Significant Investor stream (subclass 188, AUD 5 million in approved investments) closed to new applications from July 2024, and the National Innovation visa is invitation only and not an investment route. Details

  2. 2

    Who may buy

    Australia requires a foreign person to obtain foreign investment approval before buying residential land, and from 1 April 2025 to 30 June 2029 buying an established dwelling is generally banned, while vacant land and new dwellings stay open with approval. Details

  3. 3

    What buying costs

    A foreign buyer in Australia pays a foreign investment application fee of AUD 15,600 for a purchase up to AUD 1 million (1 July 2026 to 30 June 2027), plus a state surcharge on transfer duty of 9% in New South Wales, 8% in Victoria, Queensland and Tasmania, and 7% in Western Australia and South Australia. Details

  4. 4

    What an owner pays each year

    Foreign owners in Australia pay an annual vacancy fee, generally double the application fee, if a dwelling is not occupied or genuinely available for rent for at least 183 days in a 12 month period, and state land tax surcharges apply of 5% in New South Wales, 4% in Victoria, 3% in Queensland, 2% in Tasmania and 0.75% in the Australian Capital Territory. Details

Questions people in this position often miss

  • Does buying give me the right to live there?Answered below

    Australia's Significant Investor stream (subclass 188, AUD 5 million in approved investments) closed to new applications from July 2024, and the National Innovation visa is invitation only and not an investment route.

  • What happens if I die, or the family inherits?Answered below

    Capital gains consequences on death exist: the deceased's assets are generally not taxed on death, a foreign resident beneficiary receiving non taxable Australian property triggers CGT event K3 (section 104 to 215), and the Foreign Acquisitions and Takeovers Regulation exempts acquisitions by devolution by operation of law (section 29), such as inheritance, from foreign investment screening.

  • Can I move the money out of my own country?Depends on your country

    Some countries cap or review money sent abroad to buy a home, and banks ask where the money came from.

  • Will I be taxed twice?Depends on your country

    The country of the property and the country where the owner lives can each tax the same rent or gain.

  • What is changing soon?Answered below

    Until 30 June 2029 the ban on foreign purchases of established dwellings applies, after the 2026 to 27 Budget extended it from 31 March 2027.

Part year stays, the yearly bill, and what the family inherits.

  1. 1

    Who may buy

    Australia requires a foreign person to obtain foreign investment approval before buying residential land, and from 1 April 2025 to 30 June 2029 buying an established dwelling is generally banned, while vacant land and new dwellings stay open with approval. Details

  2. 2

    What an owner pays each year

    Foreign owners in Australia pay an annual vacancy fee, generally double the application fee, if a dwelling is not occupied or genuinely available for rent for at least 183 days in a 12 month period, and state land tax surcharges apply of 5% in New South Wales, 4% in Victoria, 3% in Queensland, 2% in Tasmania and 0.75% in the Australian Capital Territory. Details

  3. 3

    Residence through property

    Australia's Significant Investor stream (subclass 188, AUD 5 million in approved investments) closed to new applications from July 2024, and the National Innovation visa is invitation only and not an investment route. Details

  4. 4

    What buying costs

    A foreign buyer in Australia pays a foreign investment application fee of AUD 15,600 for a purchase up to AUD 1 million (1 July 2026 to 30 June 2027), plus a state surcharge on transfer duty of 9% in New South Wales, 8% in Victoria, Queensland and Tasmania, and 7% in Western Australia and South Australia. Details

Questions people in this position often miss

  • Does buying give me the right to live there?Answered below

    Australia's Significant Investor stream (subclass 188, AUD 5 million in approved investments) closed to new applications from July 2024, and the National Innovation visa is invitation only and not an investment route.

  • What happens if I die, or the family inherits?Answered below

    Capital gains consequences on death exist: the deceased's assets are generally not taxed on death, a foreign resident beneficiary receiving non taxable Australian property triggers CGT event K3 (section 104 to 215), and the Foreign Acquisitions and Takeovers Regulation exempts acquisitions by devolution by operation of law (section 29), such as inheritance, from foreign investment screening.

  • What is owed every year, even if the home sits empty?Answered below

    Foreign owners in Australia pay an annual vacancy fee, generally double the application fee, if a dwelling is not occupied or genuinely available for rent for at least 183 days in a 12 month period, and state land tax surcharges apply of 5% in New South Wales, 4% in Victoria, 3% in Queensland, 2% in Tasmania and 0.75% in the Australian Capital Territory.

  • Will I be taxed twice?Depends on your country

    The country of the property and the country where the owner lives can each tax the same rent or gain.

  • Can I move the money out of my own country?Depends on your country

    Some countries cap or review money sent abroad to buy a home, and banks ask where the money came from.

What is owed each year, on rent and on a sale, and what the heirs face.

  1. 1

    What an owner pays each year

    Foreign owners in Australia pay an annual vacancy fee, generally double the application fee, if a dwelling is not occupied or genuinely available for rent for at least 183 days in a 12 month period, and state land tax surcharges apply of 5% in New South Wales, 4% in Victoria, 3% in Queensland, 2% in Tasmania and 0.75% in the Australian Capital Territory. Details

  2. 2

    Rent

    Foreign residents pay Australian tax on Australian rental income at 30% up to AUD 135,000, 37% from AUD 135,001 to AUD 190,000 and 45% above AUD 190,000, with no tax free threshold, for the 2024 to 25 income year and later, and lodge an Australian tax return each year. Details

  3. 3

    Selling

    For acquisitions from 1 January 2025 the purchaser of Australian property from a foreign resident pays 15% of the price to the Commissioner of Taxation unless a clearance certificate or variation applies, and the 50% CGT discount is denied for the part of a gain that accrued while the owner was a foreign or temporary resident after 8 May 2012. Details

  4. 4

    What buying costs

    A foreign buyer in Australia pays a foreign investment application fee of AUD 15,600 for a purchase up to AUD 1 million (1 July 2026 to 30 June 2027), plus a state surcharge on transfer duty of 9% in New South Wales, 8% in Victoria, Queensland and Tasmania, and 7% in Western Australia and South Australia. Details

Questions people in this position often miss

  • What do I report at home?Depends on your country

    Foreign property, foreign accounts and foreign rent can each carry a form in the owner's own country.

  • Will I be taxed twice?Depends on your country

    The country of the property and the country where the owner lives can each tax the same rent or gain.

  • What happens if I die, or the family inherits?Answered below

    Capital gains consequences on death exist: the deceased's assets are generally not taxed on death, a foreign resident beneficiary receiving non taxable Australian property triggers CGT event K3 (section 104 to 215), and the Foreign Acquisitions and Takeovers Regulation exempts acquisitions by devolution by operation of law (section 29), such as inheritance, from foreign investment screening.

  • What happens when I sell?Answered below

    For acquisitions from 1 January 2025 the purchaser of Australian property from a foreign resident pays 15% of the price to the Commissioner of Taxation unless a clearance certificate or variation applies, and the 50% CGT discount is denied for the part of a gain that accrued while the owner was a foreign or temporary resident after 8 May 2012.

  • What is changing soon?Answered below

    Until 30 June 2029 the ban on foreign purchases of established dwellings applies, after the 2026 to 27 Budget extended it from 31 March 2027.

  • Who may buy
  • What it costs to buy
  • What an owner pays each year
  • Rent from the property
  • Selling
  • Inheritance and gifts
  • From your country
  • Residence through property
  • The usual steps, in order
  • What is changing
  • Questions people ask
  • What is still open
  • Sources

Who may buy

Choose a nationality to see the rules that apply to it.

Every rule, for every buyer
BuyerPropertyReadingConditionsApplies
Citizens of AustraliaAny propertyOpen

An Australian citizen living overseas may still be a foreign person under the Act, but section 35 of the Regulation exempts land acquisitions by persons with a close connection to Australia, including Australian citizens not ordinarily resident in Australia. Whether a citizen is ordinarily resident is a question of fact and degree.

Everyone else, living thereresidentialOpen

An individual is treated as ordinarily resident, and so not a foreign person, if they were in Australia for 200 or more days in the preceding 12 months and their stay is not limited in time by law (for example a permanent visa). Holders of permanent visas do not need foreign investment approval to buy residential property, including established dwellings.

Citizens of New ZealandresidentialOpen
  • New Zealand citizens who hold, or are eligible for, a special category visa do not need foreign investment approval for residential land, including established dwellings, even when living in New Zealand (Guidance Note 6, Example 12).
  • Budget Paper 2 for 2026 to 27 repeats that the exemption for permanent residents and New Zealand citizens continues during the ban.
  • Other New Zealand citizens who are not ordinarily resident and not eligible are treated like other foreign persons.
Everyone else (not Australia and New Zealand)residentialRestricted
  • Temporary residents (a temporary visa allowing a continuous stay of more than 12 months, or a bridging visa while a permanent visa application is pending) are foreign persons.
  • They may buy vacant residential land and new or near new dwellings with approval.
  • Under the Act (section 95) a temporary resident may hold an interest in only one established dwelling at a time, and under the policy for 1 April 2025 to 30 June 2029 applications to buy an established dwelling are refused unless a listed exception applies; Guidance Note 6 gives a retrospective application by a temporary resident as an example of a refusal.
from 1 April 2025 until 30 June 2029
Everyone else (not Australia and New Zealand), living elsewhereresidentialApproval needed
  • Approval is needed before buying vacant residential land or a new or near new dwelling, whatever the value.
  • Vacant land approvals are generally conditional on completing construction within 4 years and not selling before completion.
  • New dwellings usually carry no use conditions.
  • A contract may be signed if it is conditional on approval.
  • Approval fee in 2026 to 27 is AUD 15,600 for a purchase up to AUD 1 million.
Everyone else (not Australia and New Zealand), living elsewhereresidentialNot allowed
  • Established dwellings are generally banned for foreign persons from 1 April 2025 to 30 June 2029.
  • Limited exceptions need approval: redevelopment adding at least 20 dwellings, purchases supporting housing on a commercial scale (for example build to rent, retirement villages, student housing), and foreign controlled employers housing PALM scheme workers.
  • Near new dwellings and incidental dwellings in larger deals can be considered.
  • Mortgages held by foreign lenders are not caught.
  • The ban end date was extended from 31 March 2027 to 30 June 2029 in the 2026 to 27 Budget.
  • Section 95 of the Foreign Acquisitions and Takeovers Act bars a foreign person who is not a temporary resident from acquiring an established dwelling unless an exemption certificate, no objection notification or notice imposing conditions covers it.
from 1 April 2025 until 30 June 2029
Nationals of AU AG HIGH THRESHOLD, living elsewhereagricultural landConditions apply
  • Private investors from Chile, New Zealand and the United States need approval for agricultural land only above AUD 1,498 million.
  • The threshold is set by where the immediate acquirer is formed, not by the passport of the person behind it; an acquirer formed in another country gets that country's threshold.
  • Foreign government investors need approval at AUD 0 or more.
from 1 January 2026 until 31 December 2026
Citizens of Thailand, living elsewhereagricultural landConditions apply
  • Private investors from Thailand need approval for agricultural land only above AUD 50 million.
  • The threshold is not indexed.
  • Applies when the immediate acquirer is formed in Thailand.
from 1 January 2026
Everyone else (not Australia, AU AG HIGH THRESHOLD and Thailand), living elsewhereagricultural landConditions apply
  • Private investors from every other country, including the other free trade partners (China, Japan, Singapore, Korea, Peru, the United Kingdom, Hong Kong and CPTPP members Brunei, Canada, Mexico, Malaysia and Vietnam), need approval once cumulative agricultural land holdings exceed AUD 15 million.
  • The AUD 15 million figure is not indexed.
  • Foreign government investors need approval at AUD 0 or more.
from 1 January 2026
Nationals of AU FTA PARTNER ENTITIES, living elsewherecommercialConditions apply
  • Vacant commercial land and national security land need approval at AUD 0 or more for every investor.
  • Developed commercial land needs approval above AUD 1,498 million for private investors whose acquirer is formed in Chile, China, Hong Kong, Japan, New Zealand, Peru, Singapore, Korea, the United States, the United Kingdom or a CPTPP member (Brunei, Canada, Mexico, Malaysia, Vietnam); Hong Kong investors face AUD 75 million where the land is sensitive.
  • Foreign government investors need approval at AUD 0 or more.
from 1 January 2026 until 31 December 2026
Everyone else (not Australia and AU FTA PARTNER ENTITIES), living elsewherecommercialConditions apply
  • Vacant commercial land and national security land need approval at AUD 0 or more.
  • Developed commercial land needs approval above AUD 347 million for other private investors, AUD 75 million if the land is sensitive, and above AUD 560 million for investors from India for non sensitive land acquired mainly to supply a service.
  • Foreign government investors need approval at AUD 0 or more.
from 1 January 2026 until 31 December 2026
Everyone elseAny propertyConditions apply
  • Catch all: every nationality not named above is a foreign person if not ordinarily resident, so rules r5 to r8b apply.
  • Foreign government investors, including state owned entities, face a zero dollar threshold for all investments.
  • The free trade partner thresholds depend on where the acquiring entity is formed, so a buyer using a company formed in another country gets that country's threshold.

What it costs to buy

Foreign investment application fee (residential land)

Rate

2026 to 27 schedule, residential land other than established dwellings:

  • AUD 4,600 under AUD 75,000
  • AUD 15,600 up to AUD 1m
  • AUD 31,300 up to AUD 2m
  • AUD 62,600 up to AUD 3m
  • AUD 93,900 up to AUD 4m
  • AUD 125,200 up to AUD 5m
  • then AUD 31,300 for each further AUD 1m band

Established dwellings (only in the exception cases) cost three times as much for bands from AUD 75,000: AUD 13,800 under AUD 75,000, AUD 46,800 up to AUD 1m, AUD 93,900 up to AUD 2m, AUD 187,800 up to AUD 3m. Fees are indexed each 1 July. The Treasurer generally has 30 days to decide an application, extendable by up to 90 days (Guidance Note 2).

Extra for a foreign buyer

Fee applies only to foreign persons

New South Wales surcharge purchaser duty

Rate

9% of the dutiable value, in proportion to the share acquired by foreign persons, on top of ordinary transfer duty (Revenue NSW example: AUD 90,000 surcharge plus AUD 39,187 duty on AUD 1 million in 2026 to 27).

Extra for a foreign buyer

9% for residential related property bought by foreign persons; Australian citizens, ordinarily resident permanent residents (200 days in the previous year), exempt permanent residents and certain retirement visa holders are not foreign persons; exemptions for eligible build to rent and Australian based developers.

Victoria foreign purchaser additional duty

Rate

8% for agreements entered into on or after 1 July 2019

Extra for a foreign buyer

8% additional to ordinary land transfer duty, on the dutiable value of the foreign purchaser's share, for agreements on or after 1 July 2019. A New Zealand citizen counts as a foreign natural person unless ordinarily resident in Australia for 6 consecutive months in the 12 months before or after settlement.

Western Australia foreign transfer duty

Rate

Additional duty of 7% on residential property bought by foreign persons, plus landholder acquisitions

Extra for a foreign buyer

7%; exemptions include building 10 or more dwellings

Queensland additional foreign acquirer duty (AFAD)

Rate

An extra 8% of duty on transactions liable for transfer duty, landholder duty or corporate trustee duty, for foreign individuals, foreign corporations and trustees of foreign trusts.

Extra for a foreign buyer

8%. A foreign individual is anyone who is not an Australian citizen or permanent resident; a New Zealand citizen with a special category visa counts as a permanent resident.

South Australia foreign ownership surcharge (stamp duty)

Rate

7% on residential land

Extra for a foreign buyer

7%

Tasmania foreign investor duty surcharge

Rate

8% of the dutiable value of residential property (section 30C Duties Act 2001) and 1.5% of primary production property (section 30E), for agreements on or after 1 April 2020; 3% for agreements before that date.

Extra for a foreign buyer

8% residential, 1.5% primary production; applies in proportion to the foreign share.

What if the price is…?

  • Foreign investment application fee (new dwellings and vacant residential land) (a banded scale)AUD 15,600
  • New South Wales surcharge purchaser duty (a banded scale)AUD 45,000

Duties and fees under the rules shownAUD 60,600

  • The 2026 to 27 schedule for residential land other than established dwellings, up to AUD 5 million. Above AUD 5 million a further AUD 31,300 applies for each extra AUD 1 million band, so those prices are not computed. An established dwelling costs three times as much and is open to foreign buyers only in exception cases. Fees are indexed each 1 July.
  • A surcharge on top of the ordinary transfer duty of the state, which is not included, so this is only the extra duty for a foreign buyer. Check the state rules for which foreign persons and interests it covers.

Only duties stated for a foreign buyer of a home are counted: flat rates, flat fees and the standard banded scale shown. Reliefs, exemptions and the buyer's own circumstances can change the result. A planning figure, not a quote: legal fees, agent fees and local taxes are extra.

What an owner pays each year

Annual vacancy fee

Rate
  • An annual fee is due if a dwelling is not residentially occupied or genuinely available for rent (lease of at least 30 days; short stays under 30 days do not count) for at least 183 days in a 12 month period.
  • It applies to foreign persons who applied for residential land approval on or after 9 May 2017.
  • For vacancy years starting on or after 9 April 2024 the fee is generally double the application fee; the return is due within 30 days of the end of each vacancy year (Guidance Note 10).
If the owner lives elsewhere

Applies only to foreign owners

New South Wales surcharge land tax

Rate

5% of land value for the 2025 land tax year onwards (4% for 2023 and 2024, 2% for 2018 to 2022), with no tax free threshold, proportional to the foreign owner's share.

If the owner lives elsewhere

Applies to foreign owners only; principal residence, build to rent and Australian based developer exemptions exist; a permanent resident abroad 165 or more days in a calendar year may be treated as foreign

Victoria absentee owner surcharge

Rate
  • 4% from the 2024 land tax year (2% for 2020 to 2023), on top of general land tax and trust surcharge.
  • Notice to the State Revenue Office is due by 15 January after the 31 December on which a person is an absentee owner.
  • The page states that, following a High Court decision in October 2025, surcharge payable on or after 1 January 2018 is valid.
If the owner lives elsewhere

Applies to absentee individuals, corporations and trusts; build to rent developments can be exempt.

Queensland land tax surcharge for absentees

Rate

3% on land valued at AUD 350,000 or above owned by absentee individuals, and by foreign owned corporations and trustees of foreign trusts.

If the owner lives elsewhere

Absentee owners only, including foreign individuals (New Zealand citizens among them) without a permanent visa who do not usually live in Australia; Australian citizens and permanent visa holders are not absentees.

Tasmania foreign investor land tax surcharge

Rate
  • 2% of the assessed land value of the foreign owned portion of general land, with no tax free threshold, for interests acquired on or after 1 July 2022.
  • Applies to vacant land that could lawfully be used for housing and to land with a residential capable building.
  • Short term accommodation businesses, industrial land, principal residence land and primary production land are excluded.
If the owner lives elsewhere

Foreign persons only (Land Tax Act 2000 Division 1A, sections 16A to 16J).

Australian Capital Territory foreign ownership surcharge

Rate

0.75% a year of the average unimproved value of residential land owned by a foreign person on the first day of a quarter, charged quarterly. The Land Tax Act 2004 (Part 2A, section 17E) imposes the surcharge.

If the owner lives elsewhere

Foreign individuals (not an Australian citizen, permanent resident or ordinarily resident), foreign corporations and trustees of foreign trusts; personal representatives of a deceased estate are excluded.

Key numbers (6)
New South Wales surcharge land taxfrom 1 January 20255%
Victoria absentee owner surchargefrom 1 January 20244%
Tasmania foreign investor land tax surchargefrom 1 July 20222%
Queensland land tax surcharge for absentee owners (land valued at AUD 350,000 or more)3%
Australian Capital Territory foreign ownership surchargefrom 1 July 20180.75%
Days of occupancy or genuine availability for rent in a 12 month period that avoid the vacancy fee183 days

What if I own it and let it out?

Yearly taxes on owning

  • New South Wales surcharge land taxAUD 25,000Charged on the land value the state uses for land tax, not the purchase price. Yearly surcharge on the land value for a foreign owner, on top of the general land tax of the state. The general land tax is not included.

Total under the rules shown (a year)AUD 25,000

A planning figure under the rules shown, not advice. Rates set by councils, reliefs, treaties and the owner's own circumstances can change it, and income tax on rent is usually settled on a return.

Rent from the property

Tax on rent

Owner living elsewhere

Foreign residents for tax purposes pay Australian tax on Australian rental income at the foreign resident scale: 30% on taxable income up to AUD 135,000, 37% from AUD 135,001 to AUD 190,000 and 45% above AUD 190,000, with no tax free threshold, for 2024 to 25 and later income years. The 32.5% rate to AUD 120,000 that applied before 1 July 2024 is out of date.

Filing

An Australian tax return is lodged each income year to declare the rental income and claim allowable deductions.

Key numbers (5)
Foreign resident income tax rate, first band (up to AUD 135,000)from 1 July 202430%
Top of the 30% foreign resident bandfrom 1 July 2024AUD 135,000
Foreign resident income tax rate, AUD 135,001 to 190,000from 1 July 202437%
Top of the 37% foreign resident bandfrom 1 July 2024AUD 190,000
Foreign resident income tax rate above AUD 190,000from 1 July 202445%

Selling

Tax on a sale

Owner living elsewhere
  • Foreign residents are taxed on capital gains only from taxable Australian property, which includes taxable Australian real property (section 855 to 10 of the Income Tax Assessment Act 1997 disregards gains on other assets).
  • The CGT discount is denied to the extent a gain accrued while a foreign or temporary resident after 8 May 2012 (sections 115 to 105 and 115 to 115, 0% if non resident for the whole holding period).
  • From 1 July 2027 the compiled Act replaces the 50% discount for Australian resident individuals with indexation of the cost base (section 110 to 36(1A)), except a 50% discount for new residential dwellings (section 115 to 102); the indexation does not extend to foreign or temporary residents (section 114 to 25).
Withholding on the sale
  • Foreign resident capital gains withholding: for acquisitions on or after 1 January 2025 the purchaser pays 15% of the first element of the asset's cost base (generally the price) to the Commissioner on or before the day it becomes owner, with no value threshold (section 14 to 200 of Schedule 1 to the Taxation Administration Act 1953, as amended by Act No.
  • 135 of 2024).
  • The earlier AUD 750,000 threshold and 12.5% rate no longer apply.
  • A Commissioner clearance certificate (section 14 to 220) or varied amount (section 14 to 235) changes the amount.
Exemptions

Main residence exemption (section 118 to 110): not available if at the time of the CGT event the person is an excluded foreign resident (continuously foreign resident for more than 6 years) or is a foreign resident who fails the life events test (foreign resident 6 years or less and, during that time, a terminal medical condition of the person, spouse or child under 18, the death of the spouse or a child under 18, or a relationship breakdown sale). An asset passing on death to a foreign resident beneficiary triggers CGT event K3 unless it is taxable Australian property (section 104 to 215).

Key numbers (1)
Foreign resident capital gains withholding ratefrom 1 January 202515%

What if I sell?

Gain (sale price less purchase price)AUD 100,000

Tax on the sale

No tax on this sale is stated in the verified rules for this case.

Taken at source on the sale

  • Foreign resident capital gains withholding (withheld at source)AUD 75,000Charged on the sale price. For acquisitions on or after 1 January 2025 the purchaser pays 15% of the first element of the cost base, generally the price, to the Commissioner with no value threshold. It is a prepayment. The capital gains tax itself is settled on the seller's Australian return and is not worked out here.

Amounts taken at source are prepayments that the seller settles on a return. They are not added to the tax above.

A planning figure under the rules shown, not advice. Costs of buying and selling, improvements, reliefs for a home lived in, treaties and the owner's own circumstances can change it, and tax on a gain is usually settled on a return.

Inheritance and gifts

Inheritance and gift tax

Summary

Capital gains consequences on death exist: the deceased's assets are generally not taxed on death, a foreign resident beneficiary receiving non taxable Australian property triggers CGT event K3 (section 104 to 215), and the Foreign Acquisitions and Takeovers Regulation exempts acquisitions by devolution by operation of law (section 29), such as inheritance, from foreign investment screening.

From your country

The country of the property is only half of it. The country where you live can limit the money you send, tax the same rent and gain again, and ask for forms of its own.

Choose where you live to see what your own country does when you buy in Australia.

Residence through property

Business Innovation and Investment (subclass 188), including Significant Investor stream

Threshold

Stream was AUD 5 million in approved investments; closed to new applications from July 2024

Status

closed

National Innovation visa

Threshold

Invitation only permanent visa for exceptionally talented applicants; not an investment route

Status

open

The usual steps, in order

  1. Work out whether the buyer is a foreign person: Australian citizen (close connection exemption), 200 day ordinary residence with an unlimited stay, permanent visa, New Zealand special category visa holder or eligible citizen, or a temporary resident or non resident.
  2. Classify the asset: vacant land, new or near new dwelling, or established dwelling (generally refused during the ban period unless an exception applies).
  3. Collect the documents an application uses: identity and visa details, the contract or offer, the price, entity and ownership chain for a company or trust buyer, and, for vacant land, development plans.
  4. Lodge the application with the Foreign Investment Review Board portal and pay the fee before buying, or sign only a contract conditional on approval. The Treasurer generally has 30 days to decide, extendable by up to 90 days.
  5. Check whether a developer already holds a new dwelling exemption certificate covering the purchase.
  6. Add the state foreign buyer duty and any land tax surcharge to the cost estimate.
  7. Notify the Register of Foreign Ownership within 30 days of acquiring.
  8. Meet any approval conditions (for vacant land, complete construction within four years and do not sell before completion) and lodge annual vacancy fee returns where they apply.
  9. On sale by a foreign resident, expect 15% withheld by the purchaser unless a clearance certificate or variation applies, and lodge an Australian tax return for any gain.

What is changing

  • Until 30 June 2029 the ban on foreign purchases of established dwellings applies, after the 2026 to 27 Budget extended it from 31 March 2027.
  • From 1 July 2027 the compiled Income Tax Assessment Act 1997 replaces the 50% CGT discount for Australian resident individuals with indexation, except a 50% discount for new residential dwellings, and foreign and temporary residents do not receive indexation.
  • From 19 September 2026 foreign investment fees can no longer be paid by card.
  • Foreign investment monetary thresholds are indexed each 1 January and fees each 1 July, and the 2026 to 27 fee schedule applies from 1 July 2026 to 30 June 2027.

Questions people ask

What if I am a non resident and want to buy an established house in Australia?

From 1 April 2025 to 30 June 2029 foreign persons are generally banned from buying established dwellings. Limited exceptions need approval, such as redevelopment adding at least 20 dwellings or commercial scale housing.

What if I want to buy a new apartment off the plan?

New dwellings are open to foreign persons with approval. A developer holding a new dwelling exemption certificate can cover the buyer, generally up to AUD 3 million of dwellings in one development; above that the buyer applies and pays the fee.

What if I am a New Zealand citizen?

New Zealand citizens who hold or are eligible for a Special Category Visa do not need foreign investment approval for residential land, including established dwellings.

What if I leave a foreign owned home empty?

An annual vacancy fee applies if the dwelling is not occupied or genuinely available for rent for more than 183 days. For vacancy years from 9 April 2024 it is usually double the application fee paid.

What if I sell my Australian property while living overseas?

The buyer pays 15% of the price to the Commissioner for acquisitions from 1 January 2025 unless a clearance certificate or variation applies. The amount is credited against tax on any gain when a return is lodged. The main residence exemption is generally lost after 6 years as a foreign resident.

What if I buy in New South Wales or Victoria?

New South Wales adds 9% surcharge purchaser duty and Victoria 8%; Queensland adds 8%, Western Australia 7%, South Australia 7% and Tasmania 8%. The ACT and Northern Territory have no duty surcharge listed. Land tax surcharges apply in New South Wales (5%), Victoria (4%), Queensland (3%), Tasmania (2%) and the ACT (0.75%).

How does the 15 million agricultural threshold work?

For most private foreign investors, agricultural land needs approval once cumulative holdings exceed AUD 15 million. Investors whose acquirer is formed in Chile, New Zealand or the United States have a threshold of AUD 1,498 million, and Thailand AUD 50 million.

What if a foreign buyer purchases jointly with an Australian citizen spouse?

The Foreign Acquisitions and Takeovers Regulation exempts an individual buying residential land as joint tenants with an Australian citizen, permanent resident or eligible New Zealand citizen spouse. It does not cover tenants in common (Guidance Note 2). State surcharges can still apply to the foreign share.

What if the owner inherits an Australian home while living overseas?

Acquisitions by devolution by operation of law are exempt from foreign investment screening under section 29 of the Regulation. A later sale by a foreign resident can attract 15% withholding and capital gains tax.

What if the sale is made after the 1 July 2027 capital gains change?

The compiled Act applies indexation instead of the 50% discount to Australian resident individuals for events from 1 July 2027, and indexation does not extend to foreign or temporary residents, who already receive no discount for time spent as non residents.

What is still open

These points could not be confirmed from an official source yet, so they are not stated as rules.

  • The absence of an Australian inheritance, estate or gift tax could not be confirmed from an official statement yet.
  • Whether the Medicare levy applies to foreign residents could not be confirmed from an official source yet.
  • Non resident bank account opening terms, exchange controls and lender loan to value limits could not be confirmed from an official source yet.
  • The date the Queensland additional foreign acquirer duty rose to 8% could not be confirmed from an official source yet.
  • The South Australia 7% surcharge and the Australian Capital Territory 0.75% land tax rate are stated from a Western Australian Treasury overview and could not be confirmed on the revenue offices' own pages yet.
  • The absence of a foreign buyer duty surcharge in the Australian Capital Territory and the Northern Territory, and of a foreign owner land tax surcharge in Western Australia, South Australia and the Northern Territory, could not be confirmed from an official source yet.
  • The May 2026 Treasury streamlining proposals, including lengthening the default no objection notification validity from 12 to 24 months, are not stated as a rule because enacting legislation could not be confirmed.
  • The exact closure date of the Significant Investor stream and whether it accepted property could not be confirmed from the visa stream page yet.

Sources

Official pages these figures come from (28)
  • foreigninvestment.gov.au
  • foreigninvestment.gov.au
  • budget.gov.au
  • legislation.gov.au
  • foreigninvestment.gov.au
  • foreigninvestment.gov.au
  • revenue.nsw.gov.au
  • wa.gov.au
  • sro.vic.gov.au
  • wa.gov.au
  • qro.qld.gov.au
  • qro.qld.gov.au
  • legislation.tas.gov.au
  • sro.tas.gov.au
  • foreigninvestment.gov.au
  • revenue.nsw.gov.au
  • sro.vic.gov.au
  • qro.qld.gov.au
  • sro.tas.gov.au
  • legislation.tas.gov.au
  • legislation.act.gov.au
  • homeaffairs.gov.au
  • immi.homeaffairs.gov.au
  • treasury.gov.au
  • legislation.gov.au
  • legislation.gov.au
  • treasury.gov.au
  • legislation.gov.au

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Related pages

  • All countries in the guide
  • How Freeholt models this country
  • Rental income tax by country
  • Taxed in three places

This is education, not financial, tax, legal or immigration advice. Rules change and depend on the buyer's own facts. Advice from a licensed professional in the country concerned is what settles a particular purchase.

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