Can Foreigners Buy a Business in Australia? A Guide for Overseas Buyers

Foreigner Buying Business in Australia
Are you an international buyer considering purchasing a business in Australia?
The simple answer is yes. Foreign nationals can generally buy businesses in Australia, whether they are already living here or are based overseas.
However, buying a business does not automatically give someone the right to live or work in Australia. Business ownership, visa status and permission to actively manage the business are separate matters.
The rules can also change depending on the type of business, the value of the purchase, how the transaction is structured and whether property or land is included.
Buying a Business While Living in Australia
A foreign national who is already living in Australia may be able to purchase a business, but their visa conditions will determine whether they can personally work in it.
This is an important distinction.
A person may be legally allowed to own a business but still have restrictions on the number of hours they can work, the type of work they can perform or whether they can work at all.
Before purchasing a business, onshore buyers should check their current work rights through the Department of Home Affairs’ Visa Entitlement Verification Online service.
Buying a Business From Overseas
An offshore buyer may be able to purchase an existing Australian business while continuing to live overseas.
The buyer could retain the existing staff and management team, appoint a local manager or engage an Australian representative to oversee the business on their behalf.
However, purchasing the business does not provide permission to enter Australia, live here or personally work in the business. The buyer would still need to qualify separately for an appropriate visa before becoming involved in its day-to-day operations.
Offshore buyers should also confirm whether foreign investment approval is required and whether the business’s lease, licences, franchise agreement or supplier contracts can be transferred to a foreign owner.
The proposed purchase structure should be reviewed by an Australian solicitor and accountant before the buyer signs a contract or pays a deposit.
Do Foreign Buyers Need Government Approval?
Some foreign business purchases must be notified under Australia’s foreign investment framework.
This is often referred to as FIRB approval.
Whether approval is required depends on the buyer, the value and type of business, the ownership interest being acquired and whether the transaction includes land or operates in a sensitive industry.
Additional rules can apply to agribusinesses, media businesses, national-security businesses and foreign government investors.
Foreign buyers should check the current requirements through the Australian Government’s Foreign Investment website and obtain legal advice before signing a contract.

Do Foreign Buyers Pay Extra Taxes?
There is not usually one blanket foreign-buyer tax applied to every Australian business purchase.
However, foreign buyers may face the same taxes and costs as Australian buyers, as well as additional fees in some circumstances.
These may include GST, transfer duty, income tax, foreign investment application fees and tax registration costs.
If the business includes land or property, extra foreign-owner duty or land-tax surcharges may also apply depending on the state or territory.
The tax outcome will depend on whether the buyer purchases the business assets or shares in the company, whether property is included and how the buyer is structured.
An Australian accountant should review the transaction before the contract is signed.
What If the Business Includes Property?
A business purchase can become more complex when it includes commercial premises, agricultural land, residential property or vacant land.
The business and property components may be treated differently for foreign investment and tax purposes.
Foreign investment approval may be required, and the buyer may also face transfer duty, land tax or foreign-owner surcharges.
Buyers should not assume that approval to purchase the business automatically covers the associated property.
Can a Foreigner Own an Australian Company?
Yes. A foreign national can own shares in an Australian company and may potentially own all of them.
However, an Australian proprietary company must have at least one director who ordinarily resides in Australia.
All directors must also obtain a director identification number before being appointed.
An overseas buyer may therefore be able to own the company while appointing an Australian-resident director to meet the local requirements.
Asset Sale or Share Sale?
A business purchase is usually structured as either an asset sale or a share sale.
In an asset sale, the buyer purchases selected assets such as goodwill, equipment, stock, customer contracts and intellectual property.
In a share sale, the buyer purchases shares in the company that already owns and operates the business.
This distinction can affect tax, liabilities, foreign investment approval and due diligence.
Foreign buyers should obtain legal and accounting advice before deciding which structure is appropriate.
Can Foreign Buyers Obtain Finance?
Foreign buyers may find it more difficult to obtain business finance from Australian lenders.
Banks may consider the buyer’s residency status, Australian credit history, deposit, security, business experience and the financial performance of the business.
Some buyers may need a larger deposit, additional security or funds from overseas.
Finance should be investigated before entering into an unconditional purchase contract.
What Due Diligence Should Be Completed?
Foreign buyers should complete the same commercial due diligence as any Australian buyer.
This includes reviewing the business’s financial statements, tax returns, lease, employee liabilities, licences, equipment, customer contracts and trading history.
Foreign buyers should also confirm whether government approval is required, whether they have the right to work in the business and whether the landlord and relevant licensing authorities will accept the proposed ownership structure.
The Australian Government provides further guidance on buying an existing business.
Does Buying a Business Give You a Visa?
No.
Buying an Australian business does not automatically provide a visa, permanent residency, citizenship or permission to work in Australia.
Some skilled, employer-sponsored, regional and innovation visa pathways may be relevant to certain business owners, but eligibility depends on the individual applicant and the current migration rules.
So, Can a Foreigner Buy a Business in Australia?
Yes, foreign nationals can generally buy businesses in Australia.
The main issues to consider are whether foreign investment approval is required, whether the buyer has the right to work in the business and whether additional tax, company or property rules apply.
The process is usually simpler where the buyer is already in Australia with suitable work rights. Offshore buyers may need additional help with company registration, resident directors, tax, foreign investment approval and local management.
Before paying a deposit or signing a contract, obtain advice from an Australian solicitor and accountant. Migration advice should also be obtained where the buyer intends to live in Australia or personally operate the business.
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This article provides general information only and does not constitute legal, migration, financial or taxation advice. Originally Published: 01/07/2024. Updated: 29/07/2026
Tags: buying a business foreign visa international
About the author
Vanessa Lovie-Yousaf
CEO Bsale Australia
Vanessa Lovie-Yousaf is the CEO and manager of Bsale.com.au, one of Australia’s most trusted business for sale marketplaces since 2000. With 15 ...