Exemptions

​​​​​​​​​​​​​​Foreign Investor Duty Surcharge (FIDS) is not payable if the underlying transaction is exempt or is eligible for a concession. 

An exception to this is if the transaction is eligible for a concession under section 50 of the Duties Act 2001, in which case FIDS is payable. There are two specific exemptions from FIDS, sections 30J and 30K of the Duties Act 2001.

 

FIDS exemption 1 - A dwelling used as a principal residence

If a property is ​purchased:

  • with an existing dwelling; and
  • which will be used as the transferees' principal place of residence within 6 months of purchase; and
  • is held by parties to a marriage, significant relationship or by caring partners; and
  • it is held in equal shares (as either joint tenants or tenants in common); and
  • only one of the parties is a foreign natural person;
​then the transaction is exempt from FIDS. If FIDS has already been paid, then the Commissioner may, on application, reassess the surcharge payable. 

FIDS exemption 2- A vacant block of land on which a principal residence is built

If a vacant property is purchased and within 2 years:
  • a dwelling is constructed; and
  • the land is used as the transferees' principal place of residence; and
  • is held by parties to a marriage, significant relationship or by caring partners; and
  • it is held in equal shares (as either joint tenants or tenants in common); and
  • only one of the parties is a foreign natural person; ​
then the Commissioner may, on application, refund the surcharge paid at the time of the dutiable transaction. 

 

How to apply for an exemption or refund

​​​To make an application to reassess the surcharge payable or to refund the surcharge on the transfer of residential land:

​Supporting documentation

If you are applying for a refund as a result of recently constructing your home:

  • include a copy of your occupancy certificate from your local council.

If you are lodging the application because you were in a caring relationship
:
  • include a copy of your deed registered in accordance with the Relationships Act 2003; or
  • a copy of a declaration from the Supreme Court. 

Additional information

For additional information, refer to:



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