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Foreign Transfer Duty Declaration for Australia

Foreign Transfer Duty Declaration Template for Australia

A Foreign Transfer Duty Declaration is a mandatory statutory document required across Australian states and territories when foreign persons or entities purchase property. This declaration forms part of the property transfer process and is submitted to the relevant state revenue office to determine applicable duty rates, including any foreign purchaser additional duty. The document requires detailed disclosure of the purchaser's foreign status, property details, and investment approval status, ensuring compliance with both state-based transfer duty legislation and federal foreign investment requirements.

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What is a Foreign Transfer Duty Declaration?

A Foreign Transfer Duty Declaration is a crucial compliance document required in Australian property transactions where the purchaser may be classified as a foreign person or entity. This declaration must be submitted to the relevant state revenue office as part of the property transfer process, typically before or at settlement. The document serves to determine whether foreign purchaser additional duty applies and ensures compliance with state-specific transfer duty legislation. It contains detailed information about the purchaser's foreign status, citizenship or corporate structure, property details, and Foreign Investment Review Board (FIRB) approval status where required. The declaration is particularly important as it affects the calculation of duty payable and carries significant penalties for false or misleading statements. It forms part of the broader foreign investment regulatory framework in Australia and helps authorities monitor foreign ownership of Australian property.

What sections should be included in a Foreign Transfer Duty Declaration?

1. Declarant Details: Full legal name, address, and contact details of the person making the declaration

2. Transaction Details: Information about the property being acquired, including address, title details, and purchase price

3. Foreign Person Status Declaration: Formal declaration of foreign person status under relevant legislation, including citizenship/residency status

4. Property Classification: Declaration of property type (residential/commercial/agricultural) and intended use

5. FIRB Approval Status: Details of Foreign Investment Review Board approval or exemption status

6. Payment Details: Information about applicable foreign purchaser additional duty and payment arrangements

7. Declaration and Execution: Formal declaration of truth and accuracy, with execution block for signing

What sections are optional to include in a Foreign Transfer Duty Declaration?

1. Trust Details: Required when the purchaser is acquiring property as trustee of a trust, including foreign trust details

2. Corporate Information: Required when the purchaser is a corporation, including details of foreign ownership/control

3. Temporary Resident Status: Required for temporary residents, including visa details and duration of residence

4. Spousal Details: Required when the property is being acquired with a spouse/partner, including their foreign person status

5. Exemption Claims: Required when claiming any exemptions from foreign purchaser additional duty

What schedules should be included in a Foreign Transfer Duty Declaration?

1. Identity Documentation: Copies of passport, visa, or other identity documents proving residency status

2. FIRB Approval Documentation: Copy of FIRB approval or evidence of exemption

3. Corporate Documents: Company extracts, trust deeds, or other relevant entity documentation

4. Property Documents: Contract of sale, title details, and property identification documents

5. Supporting Evidence: Additional documentation supporting any exemption claims or special circumstances

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Australia

Publisher

Genie AI

Document Type

Declaration Form

Sector

Cost

Free to use
Relevant legal definitions






























Clauses




















Relevant Industries

Real Estate

Property Development

Foreign Investment

Banking and Finance

Legal Services

Government and Public Sector

Construction

Agriculture (for rural property purchases)

Commercial Property

Residential Property

Relevant Teams

Legal

Conveyancing

Property Settlements

Foreign Investment Compliance

Tax Advisory

Property Transactions

Revenue Assessment

Risk and Compliance

Property Services

International Investment

Relevant Roles

Property Lawyer

Conveyancing Manager

Foreign Investment Compliance Officer

Property Settlement Officer

Real Estate Transaction Manager

Foreign Investment Review Manager

Duty Assessment Officer

Property Tax Specialist

Legal Compliance Manager

Foreign Investment Consultant

Property Transaction Coordinator

Revenue Office Assessor

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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