Legal & Tax Considerations for Expat Buyers

Do Australian expats need Foreign Investment Review Board (FIRB) approval to buy property?

If you are an Australian citizen (including dual citizen) or an Australian permanent resident, you do not need FIRB approval to purchase residential property in Australia. The Foreign Investment Review Board rules exempt Australian citizens from requiring any approval, regardless of where you live. So even though you might be a “non-resident” for tax or living purposes, in the eyes of FIRB you are still a local and can buy property freely. Australian permanent residents are also treated as local buyers for home purchases (as long as it’s a residence or investment in your name, not on behalf of a foreign company). New Zealand citizens are typically treated like Australians too, under reciprocal agreements.

Where FIRB can come into play is if youare not an Australian or if you’re buying on behalf of a foreign entity. But assuming you’re an Aussie expat, FIRB isn’t a hurdle. This is a big advantage you have over foreign nationals – you don’t have to pay FIRB application fees or deal with their approval timeframes. You can bid on properties (including established homes) just like any local bidder would.

One thing to note: If you were to buy in the name of a foreign spouse only, or a company/trust that is foreign-controlled, then different rules apply. But typically, expats buy in their own name or joint with a spouse. As long as one of the purchasers is an Australian citizen or PR, and they are on title, the purchase is generally treated as domestic for FIRB purposes. (There’s a specific exemption that an Australian citizen can buy property jointly with a foreign spouse without FIRB approval, as long as it’s genuinely as a couple and not an investment scheme.)

In summary, FIRB approval is not required for Australian expats purchasing property back home in their own name. You can focus on normal considerations like finance and stamp duty, without worrying about FIRB bureaucracy.

We recommend reviewing the FIRB website at https://foreigninvestment.gov.au/ for further specifics.

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