Foreign landholder duty - developer exemptions

Form
FDA44 - Foreign landholder duty is imposed on a foreign person who acquires an interest in a corporation or unit trust that holds residential property.
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A foreign landholder acquisition will be exempt from foreign landholder duty where the landholder, a linked entity or associate of the landholder develops the lot to produce 10 or more dwellings, or lots on which 10 or more dwellings can be constructed. See information about foreign landholder duty

When to use this form

Only use the form below if:

  • a foreign landholder acquisition was assessed with duty based on the landholder, or a linked entity, holding residential property, which the landholder, linked entity or an associate intended to develop, and
  • the landholder, linked entity or an associate of the landholder has commenced or completed on the residential property (as relevant):
    • construction or refurbishment of 10 or more dwellings or
    • subdivision of the property into 10 or more residential lots. 
Application timeframes

You must apply for reassessment of the foreign landholder duty within the later of:

  • five years after the acquisition occurs or
  • 12 months from the date the landholder, linked entity or associate commences or completes (as relevant) the construction, refurbishment or subdivision of the land.

To qualify for an exemption the construction, substantial refurbishment or subdivision of the land must commence or complete within five years of the acquisition, as described in the table below:

Nature of property at date of acquisition

Construction, refurbishment or subdivision

Commencement or completion is:

Land

  • vacant or
  • with a building on it
Commence construction of 10 or more dwellingswhen foundations for the first dwelling are laid
Commence subdivision of land into 10 or more lots capable of being a dwellingwhen the first lot capable of constructing a dwelling is subdivided as defined by the Land Tax Assessment Act 2002
Commence refurbishment of 10 or more dwellingswhen all licences, approvals, registrations, exemptions or authorisations necessary to refurbish the first dwelling are granted, issued or obtained
Land where construction or substantial refurbishment of 10 or more dwellings has commencedComplete construction or refurbishment of 10 or more dwellingswhen the first dwelling is ready to be used as a place of residence
Land where subdivision has commencedComplete subdivision of land into 10 or more lots capable of being a dwellingwhen the certificate of title is issued for the first lot that is capable of a dwelling being constructed on

If some of the residential property held by the landholder or linked entity qualifies for an exemption under this section, a partial exemption will apply.


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