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.
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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
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
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
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
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