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ARTICLE · 28 FEBRUARY 2019

Unexpected trap when borrowing from an overseas lender for second-hand property

The FIRB will not give approval if you are buying second-hand property, intended to be used as an investment property.

AustraliaGovernment, Public Sector

Be wary if you are borrowing money from an overseas entity to purchase an investment property which is not in the usual business of lending money.

If you are an Australian citizen and resident of Australia for tax purposes and you are purchasing an investment property (which is not a new dwelling), and are borrowing a substantial proportion of the purchase price from a foreign entity or foreign source which is not ADI (i.e. authorised deposit‑taking institution) or a subsidiary of an ADI, you may have issues with the Foreign Investment Review Board (FIRB).

You would be purchasing what is referred to as "second-hand property" and not a new dwelling and in order for the overseas entity lending the money to obtain FIRB approval for a mortgage securing the loan, one of the following options needs to apply:

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