Duties Form - Off-the-plan rebate: under construction application

Form
FDA50 - Apply for a rebate of the duty paid on eligible unit and apartment purchases in multi-tiered developments where development has already commenced.
Last updated:
The concession has been extended

In October 2023, the Government announced the concession would be extended to eligible contracts entered into between 31 August 2023 and 30 June 2025 to purchase new residential units or apartments where development has already commenced but not yet completed. See information about this concession.

To be eligible for a rebate on the transfer duty and foreign buyers duty surcharge (if applicable):

  • you must sign the contract between 4 June 2020 and 31 December 2020 (inclusive).
  • the contract must be to purchase a new residential unit or apartment in a multi-tiered structure where development has already commenced but not yet completed.
  • the applicant(s) must be the buyer(s) named on the contract or an eligible transferee. This includes all buyers (natural persons, corporations and trustees), including foreign buyers, who become registered on the title to the unit or apartment as an owner-occupier or an investor.
  • construction must be completed within 36 months of the contract being entered into. The Commissioner considers construction to be completed when the strata plan is registered.
Rebate amount
Date contract entered intoRebate amount
4 June 2020 to 31 December 202075 per cent of the duty paid, capped at $25,000

The rebate amount doesn’t include penalty tax or interest amounts paid on the transaction, or any legal or other fees incurred to recover unpaid tax.

Multiple rebates can be paid to the same applicant on separate transactions for the purchase of units or apartments in the same or different developments.

When to apply for the rebate

Lodge the form below within 12 months from the date the eligible applicant is registered on the certificate of title of the unit or apartment.

You can upload and submit your application form through the Online Services Portal (under Duties Administrative Requests).

Developers - extending the construction timeframe

After construction has been completed, you can apply to the Commissioner to extend the 36-month timeframe to complete construction for an off-the-plan rebate. The Commissioner's decision to exercise discretion in relation to a specific development will apply to all eligible applicants acquiring a dwelling in that development.

Each application will be considered on its merits and must be supported by evidence from the developer detailing why construction was not completed within 36 months of the contract being entered into. The Commissioner will generally extend the 36 month period if:

  • rebate scheme timelines weren’t met because of development delays due to pre-development sales requirements and the scale of construction or
  • completion is delayed due to issues outside the developer’s control, such as being unable to procure materials or labour.
Construction timeframe approvals

The following applications to extend the construction timeframe have been approved:

  • ONE Subiaco apartment complex (10 Rokeby Rd, Subiaco) - timeframe extended by 31 days. Contracts entered into between 23 October 2019 and 23 November 2019 are within the construction completion timeframe.
  • Sanctuary Mount Pleasant apartment complex (3-5 Wren St, Mount Pleasant) - timeframe extended by 10 months. Contracts entered into between 23 October 2019 and 14 August 2020 are within the construction completion timeframe.
  • Aviator Kewdale apartment complex (173-175 Wright St, Kewdale) - timeframe extended by 7 months. Contracts entered into between 23 October 2019 and 23 May 2020 are within the construction completion timeframe.
  • Foundry Leederville apartment complex (636 Newcastle St, Leederville) - timeframe extended by 6 months. Contracts entered into between 23 October 2019 and 18 April 2020 are within the construction completion timeframe.
  • Nightingale Fremantle apartment complex (29 Wood St, Fremantle) - timeframe extended by 40 days. Contracts entered into between 23 October 2019 and 15 March 2020 are within the construction completion timeframe.
  • Shenton Quarter apartment complex (1 Seymour Avenue, Shenton Park) - timeframe extended by 12 months. Contracts entered into between 9 November 2020 and 31 December 2020 are within the construction completion timeframe.
  • Perth Hub apartment complex (80 Milligan St, Perth) - timeframe extended by 14 months. Contracts entered into between 29 September 2020 and 31 December 2020 are within the construction completion timeframe.
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