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本帖最后由 s1833 于 2020-1-12 14:36 编辑
bello 发表于 2020-1-12 13:55 
我的链接才是法律条文Act，要不你买后就离开试试呗，当初没交不代表以后不会追溯，等你卖掉这套房就知道 ...
你好
你给的条款是正确的， 但是只有一个人被认定为 foreign person 并且有pr的情况下才会生效。
如果一个人不是foreign person 而是 ordinary resident, 那他就不用交这8%的surcharge.
根据以下链接，如果一个人不是澳洲公民，但这个人已经在澳洲住满了200天， 并且如果这个人没有被限制在澳洲能住多久(相当于PR)就会被认为 Ordinary Resident.而我的理解是8%的surcharge 不被apply 到ordinary resident 只apply 到 foreign person.
链接
http://classic.austlii.edu.au/au/legis/nsw/consol_act/da199793/s104j.html
原文
(2) The definition of
"foreign person" in the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth is modified as follows:
(a) an Australian citizen is taken to be ordinarily resident in Australia, whether or not the person is ordinarily resident in Australia under that definition,
(b) a New Zealand citizen who holds a special category visa, within the meaning of section 32 of the Migration Act 1958 of the Commonwealth, at any particular time is taken at that time to be an individual whose continued presence in Australia is not subject to any limitation as to time imposed by law.
Note : Section 5 of the Foreign Acquisitions and Takeovers Act 1975 of the Commonwealth provides that an individual who is not an Australian citizen is ordinarily resident in Australia at a particular time (and is therefore not a foreign person) if and only if:
(a) the individual has actually been in Australia during 200 or more days in the period of 12 months immediately preceding that time, and
(b) at that time:
(i) the individual is in Australia and the individual's continued presence in Australia is not subject to any limitation as to time imposed by law, or
(ii) the individual is not in Australia but, immediately before the individual's most recent departure from Australia, the individual's continued presence in Australia was not subject to any limitation as to time imposed by law. |
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澳洲情缘---六弟(上) (2007-6-30) 安远翔 
楼主:bello
发表于 2020-1-11 22:02
