Meaning of foreign purchaser Section 3 of the Act defines a foreign purchaser to mean a person who is a foreign natural person, a foreign corporation or the trustee of a foreign trust. A foreign natural person means a natural person who is not an Australian citizen within the meaning of the Australian Citizenship Act 2007 (Cth), the holder of a permanent visa within the meaning of section 30(1) of the Migration Act 1958 (Cth) or a New Zealand citizen who is the holder of a special category visa within the meaning of section 32(1) of the Migration Act 1958 (Cth). A foreign corporation means a corporation that is incorporated outside Australia, or a corporation in which a controlling interest is held by a foreign natural person, another foreign corporation or the trustee of a foreign trust. A person has a controlling interest in a foreign corporation if the person is in a position to control more than 50% of the voting power or the potential voting power in the corporation, or has an interest in more than 50% of the issued shares in the corporation. A person may also be considered to have a controlling interest in a corporation if the Commissioner has made a determination in respect of the person pursuant to section 3C of the Act. Under section 3C, the Commissioner may determine that a person has a controlling interest in a corporation if, in the Commissioner’s opinion the person has the capacity to determine or influence, directly or indirectly, the outcome of decisions about the corporation’s financial and operating policies. A foreign trust means a trust in which a substantial interest in the trust estate is held by a foreign corporation, a foreign natural person or another person that holds the substantial interest as trustee of another foreign trust. A person has a substantial interest in the trust estate of a foreign trust if the person has a beneficial interest of more than 50% of the capital of the estate of the foreign trust, or the Commissioner has made a determination under section 3D in respect of the person. Under section 3D, the Commissioner may determine that a person has a substantial interest in a trust estate if, in the Commissioner’s opinion, the person has the capacity to determine or influence the outcome of decisions about the administration and conduct of the trust. In determining the additional duty payable on acquisitions of interests by foreign purchasers, residential property is defined, amongst other things, as land in Victoria capable of being used solely or primarily for residential purposes and which may be lawfully used in that way. It also includes land and/or a building on land a person intends to develop and be used solely or primarily for residential purposes. Residential property however does not include land capable of being used solely or primarily as commercial residential premises, a residential care facility, a supported residential care service or for the purposes of a retirement village (see section 3G of the Act).