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How do the inheritance and estate laws apply to foreigners who acquire commercial property on 188A visa in Australia?

Would the commercial property bought for business use by the main applicant of the 188A visa pass on to their dependents if the main applicant dies? how do the inheritance laws apply generally on foreigners during their stay on 188A and other similar visas?

  • March 02, 2022

    Real estate, such as commercial property, can be inherited by foreigners under the laws that are applicable in the state/territory where the property is situated. Depending on the inheriting foreigner’s tax residency status, appropriate tax laws will be applicable when the property is inherited, which needs consultation with appropriate tax consultants. To apply for permanent visa subclass 888, the secondary visa holder of a subclass 188 can apply if their spouse or de facto partner was the primary holder of a Business Innovation and Investment (Provisional) visa (subclass 188) in the same stream.

  • VisaConnect
    March 01, 2022

    An applicant on a 188A visa is a provisional permanent resident with rights to run their business and apply for permanent residence after meeting certain requirements.