The State Government has announced changes that establish a new foreign transfer duty exemption for ‘build-to-sell’ developments. The changes are subject to the Parliamentary process and updates to RevenueWA's systems. We will provide information about these changes as it becomes available.
See our news article for further information.
Land acquired by foreign persons for residential developments is chargeable with foreign transfer duty. See information about foreign transfer duty.
If the development will produce 10 or more residential dwellings, or lots on which 10 or more dwellings can be constructed, we may reassess and refund the foreign transfer duty paid.
When to use this form
Use the form below to apply for a reassessment if:
- a foreign person entered into a transaction that was charged with foreign transfer duty because they acquired residential property, and
- the foreign person or their associate has commenced or completed on the residential property (as relevant):
- construction or refurbishment of 10 or more residential dwellings or
- subdivision of the property into 10 or more residential lots.
Application timeframes
Make an application for reassessment of the foreign transfer duty within the later of:
- five years of the completion date of the transaction or
- 12 months from the date the foreign person or their 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 |
|---|---|---|
Land
| Commence construction of 10 or more dwellings | When foundations for the first dwelling are laid |
| Commence subdivision of land into 10 or more lots capable of being a dwelling | When the first lot capable of constructing a dwelling is subdivided under the Land Tax Assessment Act 2002 | |
| Commence substantial refurbishment of 10 or more dwellings | When all licences, approvals, registrations, exemptions or authorisations necessary to refurbish the first dwelling are granted, issued or obtained | |
| Land where construction or refurbishment of 10 or more dwellings has commenced | Complete construction or substantial refurbishment of 10 or more dwellings | When the first dwelling is ready to be used as a place of residence |
| Vacant or substantially vacant and subdivision has commenced | Complete subdivision of land into 10 or more lots capable of being a dwelling | When the certificate of title is issued for the first lot that is capable of having a dwelling constructed |
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