• Written by: James Carey, CA CTA
• 17/02/2026

FIRB Notification Thresholds 2026: Complete Guide for Foreign Investors

Updated monetary screening thresholds took effect on 1 January 2026 for most foreign investment proposals in Australia. Whether you are acquiring an Australian business, purchasing agricultural land, or investing in commercial property, you need to know whether your transaction triggers a mandatory notification to the Foreign Investment Review Board (FIRB).

This guide breaks down every 2026 FIRB threshold by investment type, investor category, and country classification, so you can determine your obligations before committing capital. For a broader overview of Australia's foreign investment framework, see our complete FIRB guide for foreign investors.

What Are FIRB Notification Thresholds and Why Do They Matter?

FIRB notification thresholds are monetary limits set by the Australian Government that determine when a foreign investor must seek approval before proceeding with an investment. If your proposed investment meets or exceeds the applicable threshold, you are legally required to notify the Treasurer and receive approval before completing the transaction.

Failing to notify when required is a criminal offence under the Foreign Acquisitions and Takeovers Act 1975 (FATA). Penalties can include fines of up to $3.315 million for individuals and $16.575 million for corporations, as well as divestiture orders and civil penalties.

The thresholds vary significantly depending on three factors:

1. The type of investment (business, land, mining, media)
2. Your country of origin (FTA partner vs. non-FTA country)
3. Your investor type (private investor vs. foreign government investor)

Understanding these thresholds is the first step in any foreign investment into Australia. Getting it wrong can delay your transaction by months, or worse, expose you to enforcement action.

General Business Acquisition Thresholds (2026)

The most common FIRB trigger is acquiring a substantial interest (20% or more) in an Australian entity. The applicable threshold depends on whether your country has a Free Trade Agreement (FTA) with Australia and whether the target business operates in a sensitive sector.

Business Acquisition Thresholds Table

• The $347 million threshold for non-FTA countries is up from $339 million in 2025.
• Sensitive sectors include defence, telecommunications, transport, encryption, nuclear, media, and data storage. A full list appears in the Foreign Acquisitions and Takeovers Regulation 2015.
• Media businesses always require notification regardless of value, for any foreign investor.
• Foreign government investors (including state-owned enterprises) must notify FIRB for all direct interests, with no minimum threshold.
• The India threshold reflects the terms of the Australia-India Economic Cooperation and Trade Agreement (ECTA), which provides a middle-ground threshold.

What Counts as a "Substantial Interest"?

A substantial interest means acquiring 20% or more in an entity (alone or with associates), or 40% or more held by multiple foreign persons. For foreign government investors, the trigger is a direct interest of any size, which includes interests of 10% or more in the entity's securities, or any ability to influence the entity's operations.

Agricultural Land Thresholds (2026)

Agricultural land is subject to special FIRB scrutiny. The thresholds are based on the cumulative value of agricultural land held, not just the current transaction.

• The cumulative calculation includes all agricultural land you hold in Australia, not just the parcel you are acquiring. If you already own $10 million in farmland and seek to buy another $6 million parcel, you exceed the threshold.
• Chile, New Zealand, and USA investors benefit from the highest FTA threshold of $1,498 million, the same as for non-sensitive business acquisitions.
• Agricultural land includes any land used (or that could reasonably be used) for a primary production business, including cropping, pastoral, horticultural, or forestry operations.

Agricultural Business (Agribusiness) Thresholds (2026)

Acquiring a direct interest in an Australian agribusiness is subject to a separate threshold from agricultural land.

• The $75 million agribusiness threshold is up from $73 million in 2025.
• This threshold applies to the cumulative total consideration paid for interests in agribusinesses.
• Agribusinesses include entities whose activities involve the use of agricultural land, the supply of water for primary production, or carrying on a primary production business.

Residential Real Estate Thresholds (2026)

All foreign persons must notify FIRB before purchasing any residential real estate in Australia. The threshold is $0 across the board.

This means every foreign person, regardless of country of origin or FTA status, must obtain FIRB approval before purchasing residential property. Additional rules include:

• New dwellings: Generally approved, but subject to conditions.
• Established dwellings: Foreign non-residents are generally prohibited from purchasing established dwellings. Temporary residents may purchase one established dwelling for personal residence, which must be sold when they leave Australia.
• Vacant residential land: Approval may be granted subject to a condition that a dwelling is built within a specified timeframe (typically 4 years).
• FIRB application fees: Vary by property value, starting from $45,300 for properties valued up to $1 million (2026 rates).
• Vacancy fees: Annual vacancy fees apply if the property is not occupied or genuinely available for rent for at least 183 days per year.

Commercial Land and Property Thresholds (2026)

Commercial property thresholds depend on whether the land is developed or vacant, and whether it is in a sensitive area.

Developed Commercial Land

Vacant Commercial Land

• Vacant commercial land always requires notification, regardless of value or investor origin. The rationale is that undeveloped land in strategic locations may have national security implications.
• Sensitive developed commercial land includes properties near defence or intelligence facilities, or land in areas prescribed by the regulations.
• The India ECTA threshold for non-sensitive developed commercial land is $560 million.
• FTA partner investors benefit from the higher $1,498 million threshold for non-sensitive developed commercial property.

Mining and Production Tenement Thresholds (2026)

Mining, production, and exploration tenements are treated with particular caution due to their connection to Australia's natural resources.

• Only investors from Chile, New Zealand, and the United States benefit from the higher FTA threshold. All other foreign investors face a $0 threshold, meaning every acquisition of a mining or production tenement must be notified.
• For foreign government investors, acquiring an interest of 10% or more in the securities of a mining, production, or exploration entity is also a notifiable action, regardless of value.
• Exploration tenements are subject to the same requirements as mining and production tenements.

How FIRB Thresholds Are Indexed

Most FIRB monetary thresholds are indexed annually on 1 January in line with changes to the Australian Consumer Price Index (CPI). The indexation is applied to the nearest million dollars, rounding down.

How the Calculation Works

The formula uses the CPI for the June quarter of the preceding year compared to the base June quarter CPI when the threshold was last set or reset. For 2026, the relevant CPI figures produced an increase of approximately 2.3% from 2025 levels.

Thresholds That Are NOT Indexed

Several thresholds are fixed by legislation and do not change with CPI:

• $0 thresholds (residential land, vacant commercial land, foreign government investors, media, national security) remain at $0 indefinitely.
• $15 million agricultural land threshold for non-FTA and most FTA investors is not indexed.
• $50 million agricultural land threshold for Thailand investors is not indexed.

The Australian Government publishes updated threshold tables on the Foreign Investment website each January.

Key Changes from 2025 to 2026

The 2026 indexation resulted in modest increases across all CPI-indexed thresholds, reflecting an approximately 2.3% CPI adjustment.

FTA vs Non-FTA Country Classification

Australia's Free Trade Agreements provide investors from partner countries with significantly higher thresholds, particularly for non-sensitive business and land acquisitions.

FTA Partner Countries (Higher Thresholds Apply)

Non-FTA Countries (Standard Thresholds Apply)

Investors from countries without an FTA with Australia face the $347 million threshold for all business acquisitions (both sensitive and non-sensitive) and the $15 million cumulative threshold for agricultural land. Non-FTA countries include most African nations, most Middle Eastern countries (except UAE), Russia, Brazil, and many others.

Special Cases: Foreign Government Investors, SOEs, and Substantial Interest

Foreign Government Investors

A foreign government investor is broadly defined and includes:

• Foreign governments and their agencies
• State-owned enterprises (SOEs) where a foreign government holds a 20% or more interest
• Sovereign wealth funds
• Entities controlled or influenced by a foreign government

Foreign government investors face a $0 threshold for all investment types, meaning every proposed investment requires FIRB notification and approval, regardless of value.

State-Owned Enterprises (SOEs)

If a foreign government holds 20% or more of an entity, that entity is treated as a foreign government investor. This is common with Chinese SOEs, Middle Eastern sovereign wealth funds, and government-linked corporations from Singapore, Malaysia, and other countries.

Substantial Interest and Aggregation

FIRB assesses interests on an aggregate basis. If two or more foreign persons from the same country collectively hold 40% or more in an entity, FIRB may treat this as a substantial interest even if no single person holds 20%.

National Security Actions

Certain investments are classified as national security actions and must be notified regardless of value. These include investments in:

• National security businesses (defence, intelligence, critical infrastructure)
• National security land (near defence or intelligence facilities)
• Entities that store or have access to sensitive personal data of Australians
• Telecommunications, ports, airports, and energy infrastructure

The Treasurer can also call in any transaction for review within 10 years of completion if it raises national security concerns, even if it was below the threshold at the time.

5 FAQs About FIRB Thresholds

1. Do FIRB thresholds apply to Australian citizens living overseas?

No. Australian citizens and permanent residents are not foreign persons under FATA, regardless of where they live. However, if you hold dual citizenship with a country that has a foreign government investor connection, or if you are investing through a foreign entity, the thresholds may still apply to the entity.

2. What happens if my investment is below the threshold?

If your investment falls below the applicable threshold, you are generally not required to notify FIRB. However, the Treasurer retains the power to review any foreign investment on national security grounds, even below-threshold transactions. You may also choose to notify FIRB voluntarily to obtain certainty.

3. Are FIRB thresholds based on the purchase price or the asset value?

It depends on the type of investment. For business acquisitions, the threshold is measured against the total asset value of the target entity. For land acquisitions, it is generally based on the consideration (purchase price) or the market value, whichever is greater. For agricultural land, the threshold is based on cumulative holdings.

4. How long does FIRB approval take?

The statutory timeframe is 30 calendar days from when FIRB receives a complete application, with the option for the Treasurer to extend by a further 90 days. In practice, straightforward residential applications may be decided within 30 days, while complex commercial or national security matters can take 3 to 6 months.

5. Can I start my investment before FIRB approval?

No. You must not complete a notifiable action before receiving FIRB approval. Doing so is a criminal offence. However, you can enter into contracts that are conditional on FIRB approval being granted. Most commercial transactions in Australia involving foreign investors include a FIRB condition precedent in the sale contract.

Need Help Navigating FIRB Requirements?

FIRB thresholds are just the starting point. Structuring a compliant foreign investment into Australia involves registration, tax planning, appointing a resident director or local agent, and meeting ongoing ASIC obligations.

Aus Business Register helps foreign companies establish and maintain their Australian presence. From company formation to ongoing compliance, we handle the regulatory complexity so you can focus on your investment.

Request a quote or call us on +61 2 8599 9890 to discuss your FIRB and business registration requirements. View our full services and pricing.

This guide is for general informational purposes and does not constitute legal or financial advice. FIRB thresholds are updated annually on 1 January. For the most current thresholds, refer to the Australian Government Foreign Investment website. For advice on your specific investment, consult a qualified legal practitioner.

Last updated: 1 March 2026. Based on thresholds effective 1 January 2026.