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.