​​​​​​An assessment of the Foreign Investor Land Tax Surcharge (FILTS) is based on the nationality of the owner(s) as at 1 July of each financial year.
 

What to do if your​ foreign status changes

Where a nationality changes part way through a financial year:

• a reassessment or pro-rata refund of land tax and FILTS is not available. 
• the change will come into effect from 1 July of the next financial year.
  
  

If your foreign status does change, you are required to:

• notify us within 30 days using the ​Nationality and Land Use for Foreign Investor Surcharges online form including evidence of the change. 

There is an exception for discretionary foreign trusts that meet certain eligibility criteria below.​

Discretionary foreign trusts

Where a discretionary foreign trust exists:

• as at 1 July; and
• the trustee has the discretion to the distribution of capital; and
• the trust deed is amended so the trust is no longer a foreign trust; and
• the trust deed amendment occurs within six (6) months from the date of issue of the first Notice of Assessment for Land Tax which includes a FILTS component;

the trustee may apply in writing to the Commissioner for a reassessment and refund of the FILTS paid. The application must include a dated copy of the amended Trust Deed.