Residential or primary production property

​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​​The Foreign Investor Duty Surcharge (FIDS) is an additional amount of duty charged when residential or primary production property​ is acquired (either directly or indirectly) by a foreign person​This includes vacant land which m​​ay meet the definition of residential or primary production property​.

Refer to the Foreign investor duty surcharge property type guideline​ ​for additional information.​
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Residential property

Residential property includes: 

• vacant land on which a building may be built so that the land would be capable of being used predominantly for residential purposes;
• land on which a person intends to build a building (or which includes a building the person intends to refurbish) so that the land would be capable of being used predominately for residential purposes;
• land on which a building is currently located which is capable of being used predominately for residential purposes; and
• certain goods which are linked to the use of any of the above land. 

Residential property also includes an option, a land use entitlement or a partnership interest which relate to residential property.


Please note that Residential property does not include land on which a building is being lawfully used solely or primarily as:

  • a commercial establishment whose primary purpose is to offer short-term accommodation, or lodging, to a person(s) for consideration, excluding short stay premises as defined in Short Stay Accommodation Act 2019; or
  •  residential accommodation by or on behalf of an educational facility; or
  • a hostel or a boarding house; or
  • a residential care service or a retirement village as defined in the Land Tax Act 2001.


Primary production property

Primary production property includes: 

• land which is capable of being used predominately for primary production purposes;
• land which a person intends to develop so that it is capable of being used predominately for primary production purposes; and
• certain goods which are linked to the use of any of the above land.

Primary production property also includes an option, a land use entitlement or a partnership interest which relate to primary production property.​​

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