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Finance TaxationFIRBHARD

A foreign person bought a dwelling under a foreign investment approval and later breaches a condition of that approval. Which enforcement power can the Treasurer use?

Correct Answer

C) Make a disposal order requiring the person to sell the property

Under the Foreign Acquisitions and Takeovers Act 1975, the Treasurer can order a foreign person to dispose of residential land acquired in breach of the Act or of a condition of approval. Civil penalties and infringement notices are also available. FIRB advises the Treasurer, and the ATO administers residential compliance.

Answer Options
A
Take ownership of the property and transfer it to the Commonwealth
B
Cancel the title and return the property to the original vendor
C
Make a disposal order requiring the person to sell the property
D
Impose a state stamp duty surcharge on the property in place of any penalty

Why This Is the Correct Answer

The Foreign Acquisitions and Takeovers Act 1975 lets the Treasurer make a disposal order requiring a foreign person to sell residential land where a condition of approval is breached. Civil penalties and infringement notices can apply as well.

Why the Other Options Are Wrong

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Related Topics & Key Terms

Key Terms:

FIRBdivestment orderforeign investmentrental conditionsenforcement
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