Four kinds of non-resident
| Who you are | Foreign investment approval for a home | Where it comes from |
|---|---|---|
| Foreign national living overseas | Needed, whatever the price | Residential land has a $0 threshold for all investors |
| Australian citizen living overseas | Not needed | Regulation exemption for citizens not ordinarily resident in Australia |
| Permanent visa holder living overseas | Not needed for residential land | Regulation exemption for holders of a permanent visa |
| New Zealand citizen living in New Zealand | Not needed if eligible for a special category visa | Same Regulation section as permanent visa holders |
Treasury's key concepts note says an Australian citizen who lives overseas may be a foreign person, but the Regulation exempts their land purchases. The ATO adds that a permanent resident who is not ordinarily resident in Australia may be a foreign person in some circumstances. The exemption for permanent visa holders still applies to residential land.
Get your buyer plan
See your FIRB fee, state surcharge and the steps in order, worked out for your situation. Free, about a minute.
What a foreign national overseas can buy
- New dwellings, including off the plan. Approval for a new dwelling does not usually come with conditions on how it is used, and the owner can live in it or rent it out. There is no limit on how many new dwellings a foreign person can buy.
- Vacant residential land. Approval is generally conditional on completing construction within four years and not selling until construction is complete.
- Established dwellings only under the narrow exceptions, such as a redevelopment adding at least 20 dwellings. See the established home ban guide.
The path in outline
- Work out whether you are a foreign person, using who counts as a foreign person for FIRB.
- Apply for approval through the ATO's Online services for foreign investors, and pay the fee when you submit. The ATO says it can take up to 30 days to consider an application after it receives full payment.
- If you plan to bid at auction or may lose a few bids, the ATO says you can apply for an exemption certificate for one property in a nominated state or territory. It is valid for 12 months and carries a value limit.
- If you buy a new dwelling from a developer that already holds a new dwelling exemption certificate, you do not need your own approval. Ask the developer for the certificate.
- After settlement, register the property within 30 days and lodge a vacancy fee return each year.
Treasury's guidance says a contract signed before approval is possible if the contract is conditional on receiving approval. The ATO's page says approval or an exemption certificate is needed before you enter a contract. A conveyancer can confirm how the condition should be worded. See how the approval works and the fees.
Which state treats you as foreign
State duty and land tax surcharges use their own tests, and they differ from the federal one. This table sets out how each of three states treats people living overseas, as read from the revenue offices in October 2026.
| State | Foreign national overseas | Australian citizen overseas | Permanent visa holder overseas |
|---|---|---|---|
| NSW | Foreign: 9% surcharge purchaser duty and 5% surcharge land tax | Not foreign | Generally foreign unless in Australia at least 200 days in the year before the contract (duty) or 200 days in the calendar year (land tax) |
| Victoria | Foreign: 8% additional duty, plus an absentee owner surcharge on land | Check the State Revenue Office's definitions | Check the State Revenue Office's definitions |
| Queensland | Foreign: 8% additional duty, 3% land tax surcharge above $350,000 | Not foreign, not an absentee | Not foreign, not an absentee |
New South Wales differs from Queensland on permanent visa holders: Revenue NSW says a permanent resident who spends 165 days or more of a calendar year overseas (166 in a leap year) is treated as foreign for surcharge land tax. Victoria and the other states and territories have their own rules. The state surcharge pages cover each one.
Loans and tax for people overseas
Finance for overseas buyers is a separate decision with each lender. This site's home loans page summarises what brokers report, and the sister site covers non-resident home loans.
Keep reading
- Who counts as a foreign person for FIRB?
- Australia's ban on foreign buyers of established homes: dates, exceptions and what is still allowed
- When is FIRB approval required, and what are the FIRB thresholds?
- The total cost of buying property in Australia as a foreign buyer
- How does a FIRB application work, step by step?
- Buying property with a citizen or resident partner: what changes for the foreign buyer
Frequently asked questions
Can a non-resident buy an established house?
A foreign national cannot, other than under the narrow exceptions, while the ban runs to 30 June 2029. An Australian citizen overseas and a permanent visa holder overseas are not caught by the ban, because they do not need approval for residential land. State surcharges can still apply depending on the state.
Can a non-resident buy through an Australian company?
A company registered in Australia can still be a foreign person. Treasury's key concepts note treats a company as foreign if one foreign person holds at least 20% of it, or foreign persons together hold at least 40%. The same approval rules then apply, and state surcharges can apply too. See foreign companies and trusts.
Does a permanent resident living overseas need FIRB approval?
Not for residential land, because the Regulation exempts holders of a permanent visa. State rules differ. New South Wales can treat a permanent resident who spends long periods overseas as a foreign person for its surcharges. Queensland does not use a days-in-Australia test: it treats permanent residents as not foreign for AFAD and as not absentees for land tax. Victoria's rules are on the State Revenue Office's pages.
What if I might lose a few bids before I win a property?
The ATO says an exemption certificate lets you make multiple attempts to buy one property in a nominated state or territory without applying for each property. It is valid for 12 months and sets a value limit. Bidding above the limit means the certificate does not cover the purchase.
Sources
- Are you a foreign person buying property in Australia?, Australian Taxation Office
- Apply to buy residential property as a foreign person, Australian Taxation Office
- Steps to buying Australian residential property, Australian Taxation Office
- Guidance Note 6: Residential Land, version 5, Treasury Foreign Investment website
- Guidance Note 2: Key Concepts, version 5, Treasury Foreign Investment website
- Monetary thresholds from 1 January 2026, Treasury Foreign Investment website
- Foreign Acquisitions and Takeovers Regulation 2015, Federal Register of Legislation
- Surcharge purchaser duty for individuals, Revenue NSW
- What is surcharge purchaser duty?, Revenue NSW
- What is surcharge land tax?, Revenue NSW
- Understanding foreign purchaser additional duty, State Revenue Office Victoria
- Types of foreign persons for AFAD, Queensland Revenue Office
- Land tax for absentees, Queensland Revenue Office
Checked 5 October 2026.
firbapproval.com.au is an independent guide. It is not affiliated with, endorsed by or connected to the Foreign Investment Review Board, the Australian Treasury or the Australian Taxation Office. We do not lodge or process applications. Applications are made to the ATO. General information only, not legal, tax, migration or financial advice.