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Can I buy a property in Australia on a bridging visa? What taxes would I need to pay?

Yes, you can buy property in Australia on a bridging visa, but there are certain regulations and taxes that you need to be aware of. Here’s a detailed guide:

Buying Property on a Bridging Visa:

1. Foreign Investment Review Board (FIRB) Approval:

Requirement: As a holder of a bridging visa, you are considered a foreign investor and will need approval from the Foreign Investment Review Board (FIRB) before purchasing property.
Application Process: You must apply for FIRB approval, and this involves a fee. The amount depends on the value of the property. FIRB generally approves purchases of new dwellings, vacant land for residential development, or established dwellings for redevelopment.

2. Types of Properties:

New Dwellings: FIRB approval is typically straightforward for new dwellings, such as off-the-plan properties.
Vacant Land: You can purchase vacant land for residential development, provided construction begins within a specified period (usually two to four years).
Established Dwellings: Generally, buying an established dwelling is restricted unless it is for redevelopment purposes to increase housing stock.

3. Financing:

Loan-to-Value Ratio (LVR): As a foreign investor, lenders may offer you a lower LVR, meaning you may need a larger deposit (usually 20% to 40% of the property value).
Mortgage: Some banks and lenders are willing to provide home loans to bridging visa holders, but it may involve higher interest rates and more stringent requirements.

Taxes and Costs:

1. Stamp Duty:

Foreign Buyer Surcharge: In addition to regular stamp duty, many Australian states and territories impose a surcharge for foreign buyers. The surcharge rates vary by state:
- New South Wales: 8%
- Victoria: 8%
- Queensland: 7%
- South Australia: 7%
- Western Australia: 7%
- Tasmania: 8%
- Australian Capital Territory: 8%
- Northern Territory: No foreign buyer surcharge (as of the latest information available).

2. Land Tax:

Annual Tax: Foreign property owners may be subject to additional land tax surcharges on an annual basis, depending on the state or territory.
Rates: These rates vary, so it’s essential to check with the local state revenue office for the most accurate information.

3. Capital Gains Tax (CGT):

CGT on Sale: If you sell the property, you will be liable for capital gains tax on any profit made. Foreign residents are subject to a higher withholding rate on the sale of property (currently 12.5%).

4. Other Costs:

Legal Fees: Costs for legal advice and conveyancing.
FIRB Application Fee: Depending on the property value, fees range from a few thousand dollars to tens of thousands.
Building and Pest Inspections: Recommended for assessing the property condition.

Steps to Buy Property on a Bridging Visa:

  1. FIRB Approval: Apply for FIRB approval before making any purchase.
  2. Secure Financing: Work with lenders who provide home loans to foreign investors or bridging visa holders.
  3. Property Search: Find suitable properties that comply with FIRB regulations (new dwellings or properties for redevelopment).
  4. Make an Offer: Make an offer on the property and ensure the contract is conditional on FIRB approval.
  5. Legal and Conveyancing: Engage a property lawyer or conveyancer to handle the legal aspects of the purchase.
  6. Pay Stamp Duty: Calculate and pay the necessary stamp duty, including any foreign buyer surcharges.
  7. Settlement: Complete the purchase by paying the balance and transferring ownership.

Recommendations:

  • Consult a Property Lawyer: Engage a property lawyer to navigate the complexities of purchasing property as a foreigner and to ensure compliance with all legal requirements.
  • Tax Advisor: Consult a tax advisor to understand the full tax implications and ensure you are aware of all applicable taxes and surcharges.
  • Financial Planning: Plan your finances carefully, considering the higher deposit requirements and potential loan conditions.

If you have any further questions or need more specific advice, feel free to ask!

Legal Link Finds Similar Case Law for You
Law Firm's Insights
29 July 2020
Queensland
DALTON
Highlights
On 18 May 2020, the Commissioner made some new decisions which did not resolve any of the appeal points. So the proceeding continued and an amended notice of appeal was filed to deal with aspects of the 18 May 2020 decisions. Insofar as there is material before me which was not before the Commissioner, the parties were agreed that I should continue to hear the matter rather than further remit it to the Commissioner - t 1-5. There was no oral evidence before me. By agreement the parties did not take any Browne v Dunn points. I record that, because the matter was contentious for so long, the Commissioner’s delegate changed from time to time which accounts for my using pronouns appropriate to different genders throughout this judgment. Nature of this Appeal Bowskill J gave a very helpful exposition of the authorities bearing on the nature of an appeal under s 69 of the TAA in Wakefield & Ors v Commissioner of State Revenue.[1] Her conclusions were as follows:“[30] The nature of an appeal to the Supreme Court under s 69 of the Taxation Administration Act is a rehearing (more aptly, a fresh hearing, as no hearing has previously taken place), conducted by the Supreme Court in its original jurisdiction, on the materials that were before the Commissioner, subject to the power of the Court to admit new evidence under s 70B(1). It was registered on 24 January 2014.” (my underlining) [46] In explanation of paragraph 7 in the above quotation, it is relevant to consider that even though one or more appellants bore an onus of persuading the Commissioner, first to state of satisfaction required by s 74(2), and then to exercise her discretion, they provided almost no information about any of their companies in the group. Similarly, in letters which one or more appellants wrote in support of exclusion applications they made bland assertions with no substantiation by reference to facts, accounting materials, time periods etc. The earlier investigation exit letter explained that this decision was made as a result of Oakdale’s intentional disregard of its obligations under tax laws to provide information and documents pursuant to a notice issued under s 87 of TAA.
Judgment
The plaintiff's appeal of a dismissal was dismissed.
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