Residential or primary production property
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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 may meet the definition of residential or primary production property.
Refer to the Foreign investor duty surcharge property type guideline for additional information.
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.