200-DAY RULE: “ORDINARILY RESIDENT IN AUSTRALIA”
When buying residential property, there is a distinction between a “permanent resident” and “ordinarily resident”. You are regarded as a foreign person if you have not lived in Australia for at least 200 days in the 365 days prior to the date of the contract for purchase of the property, even if your visa grants you a permanent resident status.
A surcharge purchaser duty if you’re not considered as ordinarily resident in Australia.
The surcharge purchaser duty is calculated at a rate of 8% on the value of the residential property you are purchasing.
In order to prove that you are ordinarily resident in Australia, you have to provide movement records from the Department of Home Affairs for the 12 month period before the contract date. The movement records can be requested from the Department by submitting a Form 1359. This document, along with your passport, visa grant, and signed and completed Purchaser Declaration Form have to be submitted to Revenue NSW upon its request.