What the official guidance says is not refunded
The ATO's fee waiver page lists circumstances where it will not waive the fee:
- Your application is not approved.
- You change your mind about buying the property.
- You are unsuccessful in buying the property.
- You withdraw your application.
- You get approval for a property of a particular value but buy at a lower price. The ATO says the difference in application fees will not be refunded.
Treasury's guidance note frames this as a discretion: under section 115 of the Foreign Acquisitions and Takeovers Act 1975 the Treasurer may waive or remit a fee, requests are considered case by case, and decisions are final.
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When money can come back or be waived
The guidance describes a handful of situations where the outcome is different:
| Situation | What the guidance says |
|---|---|
| You paid more than the fee | The overpaid amount will be refunded, and the decision period starts when the fee is paid |
| You withdrew, then lodged a new application that is substantially the same | Treasury lists this as a situation where the fee may be waived |
| An exemption certificate did not proceed and you then apply for a purchase it would have covered | The fees for the later applications, up to the amount of the certificate fee, will generally be waived |
| You vary an approval only to update the land description (for example a changed lot number) | The variation fee will generally be waived |
| You paid less than the fee | Not a refund, but processing is delayed and the decision period generally does not start until the correct fee is paid |
Waivers are discretionary, so a request is not a promise of any outcome.
Auctions and competitive bids
Treasury's guidance describes a partial refund (up to 75%) or a credit for an unsuccessful bidder in a competitive bid process. It then states that actions involving residential property, such as auctions of residential property, are not eligible for competitive bid refunds or credits. Actions covered by an exemption certificate are not eligible either.
The exemption certificates page explains how certificates work. If an exemption certificate does not proceed and you later apply for a specific purchase, the waiver rule in the table above applies.
A worked example: buying below the approved value
The ATO's fee waiver page gives a similar case: approval to buy residential land for over $1 million, then buying at auction for under $1 million. It says the difference in application fees will not be refunded.
Here are the numbers on 2026-27 fees. A buyer applies for a $1.5 million purchase, which falls in the "$2 million or less" band and costs $31,300. The buyer then buys at $900,000, which would have cost $15,600 to apply for. The $15,700 difference ($31,300 minus $15,600) is not refunded.
How to ask for a waiver
The ATO has a fee waiver request page. For residential application fees, you give your foreign investment application number, say which fee the request is about and attach any supporting evidence. The ATO says it will consider the request and tell you its decision by email, and that its decision is final.
Fees are not the same as other money in a purchase. A deposit paid to a seller or held in trust, and the contract's approval condition, follow the contract. Ask your conveyancer how your contract treats a failed approval, because the ATO does not decide that.
Keep reading
- What happens if a FIRB application is refused or withdrawn?
- FIRB application fees for 2026-27: worked examples at different prices
- Who pays the FIRB application fee, and when is it paid?
- How does a FIRB condition work in a contract of sale?
- How the FIRB fee works for new dwellings, off-the-plan homes and vacant land
- The total cost of buying property in Australia as a foreign buyer
Frequently asked questions
Do I get the FIRB fee back if my application is refused?
No. The ATO lists "your application is not approved" among the circumstances where it will not waive the fee. What happens after a refusal, including your options, is covered in the guide to refused or withdrawn applications.
Can I withdraw my application and get a refund?
The ATO says it will not waive or refund the fee if you withdraw. Treasury lists one limited exception: if you withdraw and then lodge an application that is substantially the same, the fee may be waived.
What if I paid the wrong amount?
An overpayment is refunded, and the decision period starts when the fee is paid. A shortfall delays processing: Treasury says the decision period generally starts only once the correct fee is paid. Payments must be in Australian dollars with any transfer fees from an overseas bank accounted for.
I was outbid at auction. Can I recover the fee?
Not under the competitive bid policy, which excludes residential auctions. If you applied for an exemption certificate and it did not proceed, the fees for a later application covering that purchase are generally waived up to the certificate fee. That is discretionary, so check the current ATO guidance.
Sources
- Request a waiver of an application fee, Australian Taxation Office
- Guidance Note 10: Fees, version 12 (19 September 2026), Treasury
- Residential fees for a foreign person, Australian Taxation Office
- Apply to buy residential property as a foreign person, Australian Taxation 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.