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FIRB ApprovalIndependent guide

Checked 5 October 2026

Foreign buyer stamp duty and land tax surcharges by state

On top of the federal FIRB fee, most states charge foreign buyers an extra percentage of the price on top of ordinary stamp duty, and several add an annual land tax surcharge. Rates range from 7% in Western Australia and South Australia to 9% in New South Wales. The ACT and the Northern Territory have no duty surcharge.

StateDuty surchargeLand tax surcharge
New South Wales9%5% of land valueDetails
Victoria8% from 1 July 20194% of taxable valueDetails
Queensland8% from 1 July 20243% of taxable value above $350,000Details
Western Australia7% from 1 January 2019NoneDetails
South Australia7% from 1 January 2018NoneDetails
Tasmania8% from 1 April 20202% of assessed land valueDetails
Australian Capital TerritoryNone0.75% of average unimproved value per yearDetails
Northern TerritoryNoneNo land tax in the NTDetails

Rates checked on each revenue office’s site on 5 October 2026. The surcharge is charged on the foreign person’s share of the dutiable value of residential property, on top of ordinary duty.

Estimate your upfront costs

An estimate only. It uses the 2026–27 application fee and the state surcharge rate, and leaves out ordinary stamp duty, legal costs and land tax.

Application fee (paid to the ATO)—
State surcharge duty—
Total of these two—
Annual vacancy fee if the home sits empty—

Who counts as a foreign buyer

Each state sets its own definition, and they are not the same as the federal one. In every state:

  • Australian citizens are not foreign.
  • Temporary residents are foreign for the duty surcharge in every state that charges one, with a few exceptions (the ACT applies an ordinary residence test, and NSW has exceptions for some partner and retirement visa holders). Land tax surcharges use their own tests: in Victoria and Queensland, for example, a temporary resident who ordinarily lives in Australia is not an absentee.
  • Permanent residents are generally not foreign, but New South Wales applies a 200-day test.
  • New Zealand citizens are treated differently in each state. See our New Zealand guide.

Refunds if your status changes

Some states refund the surcharge if you stop being a foreign person within a set window, for example because your permanent residency is granted during an off-the-plan build. New South Wales and Western Australia allow it if you are no longer foreign when the property is transferred to you, South Australia within 12 months and Tasmania within six months. Queensland says no: its duty is fixed on the contract date. Victoria’s pages do not describe a refund.

Choose a state

Frequently asked questions

Which state has the highest foreign buyer stamp duty?

New South Wales at 9%. Victoria, Queensland and Tasmania charge 8%, and Western Australia and South Australia 7%. The ACT and Northern Territory have no duty surcharge.

Do foreign buyers pay extra land tax?

In several states, yes. New South Wales charges 5% of land value, Victoria 4% (absentee owner surcharge), Queensland 3% of taxable value over $350,000, Tasmania 2% and the ACT 0.75% of average unimproved value. Western Australia and South Australia have no foreign owner land tax surcharge, and the Northern Territory has no land tax.

Is the foreign buyer surcharge refundable?

In some states, if you stop being a foreign person before the property transfers to you. It depends on the state. See the state pages.

Does the surcharge replace normal stamp duty?

No. It is charged on top of ordinary transfer duty.

Sources

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.