Foreign ownership information (Form 25)

The Foreign Ownership of Land Register is a public register of Queensland land held by foreign persons under the Foreign Ownership of Land Register Act 1988 (Qld), which adopts the Duties Act 2001 definitions: a foreign individual (not an Australian citizen or permanent resident), a foreign corporation (incorporated outside Australia, or at least 50% foreign controlled or owned) or the trustee of a foreign trust (Duties Act ss 234 to 237). A foreign person who acquires an interest in land must notify within 90 days (s 18), and a holder who becomes a foreign person as at 30 June must notify by 30 September (s 20). Form 25 (version 5) is the notification for both, as explained in Part 25 of the Land Title Practice Manual (LTPM).

When you need it

• A foreign person buys freehold or State leasehold land: attach Form 25 to the Form 24 lodged with the Form 1 Transfer.
• A foreign person takes land under a will as devisee or legatee: attach Form 25 to the Form 24A lodged with the Form 6 Transmission application.
• A foreign person takes a lease of freehold, or a sub-lease of State leasehold, for a term over 25 years including options: lodge it with the Form 7 Lease.
• Someone who already holds land becomes a foreign person as at 30 June.
• Not needed by a personal representative for land vested in them as personal representative (s 18(2)), or for excluded interests such as security interests, easements, shorter leases, covenants and profits a prendre.

1. 1

   Item 1: land

   Insert the lot on plan description of the land. When the form goes with a Form 1, 6 or 7, include all the land listed in Item 2 of that form.

2. 2

   Item 2: foreign person details

   Select one option only. A foreign individual ticks Individual and names their foreign country. A corporation incorporated overseas, or a wholly foreign controlled company or trust, ticks Wholly Foreign and gives the country or a table of countries totalling 100%. A partly foreign company or trust ticks Partly Foreign, gives the overall foreign percentage and lists countries whose percentages add up to that figure (LTPM [25-4030]).

3. 3

   Item 3: declaration

   Insert the full name of the foreign individual, corporation or trustee. The form is signed by the foreign person or someone authorised to sign for them, such as their solicitor or an authorised officer, with the date, their full name, any office held and contact details.

4. 4

   Extra space

   Use a Form 20 Enlarged Panel if an item does not fit.

• For a transfer or transmission, attach Form 25 to the Form 24 or Form 24A and lodge it with the instrument. For a long lease, lodge it with the Form 7.
• If the Form 25 cannot be lodged with an instrument, for example a notification under s 20, post it or email a scanned signed copy to info@titlesqld.com.au with a covering note saying which section the notification is given under (LTPM [25-2100], [25-2200]).
• A holder who stops being a foreign person notifies by letter, not Form 25 (s 19; LTPM [25-2300]).
• Images of Form 25 are not available to the public. Sections 24 and 25 of the Act impose penalties for not notifying or giving false or misleading information.

• Permanent residents are not foreign individuals for Form 25, but they are 'non-Australian' for the Queensland Revenue Office Identity details annexure, which is a separate requirement.
• The LTPM notes a separate Australian Taxation Office registration requirement for foreign persons acquiring residential or agricultural land or water rights.
• For corporations and trusts, check the Queensland Revenue Office public rulings on foreign corporations and foreign trusts before choosing an option in Item 2.