New Zealand: Government announces measures for taxing gains from sales of residential property

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2026

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

New Zealand: Government announces measures for taxing gains from sales of residential property

stewart.jpg

lester.jpg

Tim Stewart


James Lester

As part of its 2015 Budget, the New Zealand government has announced new rules for taxing gains from the sale of residential property, as well as increased funding for Inland Revenue to enforce tax compliance regarding residential property transactions. The proposed new rules would supplement, rather than replace, current law. The proposals were announced against the backdrop of growing concern regarding housing affordability in New Zealand's major cities, and calls for the government to address speculation in residential property, which is seen as fuelling the overheated market.

Current law

New Zealand is a favourable jurisdiction for real estate investment. There is no stamp duty, and there is no general tax on capital gains.

New Zealand law does, however, contain a series of provisions deeming what would otherwise be a capital gain to be assessable. For example, a gain from disposing of land will be assessable if the land was acquired for a purpose or with an intention of disposing of it. Other deeming provisions apply to land acquired by persons in the business of dealing in land, developing land, dividing land into lots or erecting buildings (or persons associated with a person who is in such a business) and to land sold within 10 years of being acquired in certain circumstances.

Proposals

The proposed measures will amend the definition of income (by introducing a 'bright-line' test deeming what might otherwise be a non-taxable capital gain to be income) and will introduce certain enforcement measures. The bright-line test is intended to avoid disputes about whether a person who has disposed of residential property acquired it for a purpose or with an intention of disposing of it. The enforcement measures are intended to make it easier for Inland Revenue to identify and locate persons liable for tax on gains made from disposing of residential property, particularly in the case of persons located outside New Zealand.

The proposed new bright line test would apply to both residents and non-residents buying and selling residential property. The new test will impose tax, at the seller's marginal income tax rate, on all gains from residential property sold within two years of purchase unless the property was the seller's main home, was inherited from a deceased person's estate, or is sold as part of a relationship property settlement. A seller will need to include any such gain in the seller's income tax return for the year of disposal. The government will consult on these changes from July, and intends that the new rules will apply to residential properties purchased on or after October 1 2015.

The enforcement measures are included in the Taxation (Land Information and Offshore Persons Information) Bill, introduced to the House of Representatives in late June. If enacted, the measures will require New Zealand residents and non-residents to provide a New Zealand tax file number (an 'IRD number') as part of the process of settling a sale of residential property. As now drafted, this requirement will not apply to a New Zealand person buying or selling his or her main home, unless the person is selling his or her third main home in a two-year period. Persons who are tax resident in another jurisdiction will also be required to provide the tax identification number issued by that jurisdiction, as well as current identification, such as a passport.

Finally, to ensure that New Zealand's anti-money laundering rules apply to non-residents before a residential property is purchased, under the Bill it is proposed that all 'offshore persons' will be required to have a New Zealand bank account before becoming eligible for a New Zealand IRD number. The Bill proposes defining 'offshore person' as: (i) a New Zealand citizen who is outside New Zealand and has not been in New Zealand within the previous three years; (ii) a person who holds a resident class visa but is outside New Zealand and has not been in New Zealand within the previous 1 year; or (iii) a person that is not a New Zealand citizen and does not hold a resident class visa. Whether a non-individual (including a company, partnership and trust) is an offshore person will depend on where the relevant entity is established and whether an offshore person owns or controls a 25% holding.

If enacted, the proposals contained in the Bill will apply from 1 October 2015.

Increased funding for Inland Revenue

The 2015 Budget also provides an extra NZ$29 million ($19.5 million) of funding specifically for Inland Revenue to increase its property tax compliance activities, taking its total budget in this area to NZ$62 million over the next five years. Inland Revenue has indicated that this additional funding will be used to target property speculation, particularly in Auckland and Christchurch.

Possible withholding tax for non-residents

The government has also announced it will investigate introducing a withholding tax for non-residents selling residential property, given the difficulty of tracking down overseas sellers of residential property that are found to owe tax to Inland Revenue. Officials will consult on the details of this proposal, with a view to introducing the withholding tax around the middle of 2016.

Tim Stewart (tim.stewart@russellmcveagh.com) and James Lester (james.lester@russellmcveagh.com)

Russell McVeagh

Tel: +64 4 819 7527 and +64 4 819 7755

Website: www.russellmcveagh.com

more across site & shared bottom lb ros

More from across our site

Our first instalment features analysis of Deloitte’s landmark EMEA merger, Donald Trump’s Supreme Court tariff showdown and Venezuela’s tax evolution
While some believe it could have a positive effect on the wider advisory landscape, others argue that HMRC’s ‘red tape’ exercise won’t deter bad actors
The political optics of the US’s carve-out deal are poor, but as the Fair Tax Foundation’s Paul Monaghan writes, it preserves pillar two’s guiding ethos
The big four firm reportedly sent ‘threatening’ correspondence to Unity Advisory over its hiring of ex-PwC partners; plus tax recruitment news from the week
Tom Goldstein, who was represented by US law firm Munger, Tolles & Olson, denied wilfully cheating on his taxes and blamed errors on his staff
Multinationals face rising TP scrutiny as global rules diverge. As Daniel Moalusi argues, strong, consistent documentation is now essential to minimise audit risk and protect tax positions
The profession is fundamentally restructuring itself around what tax and accounting work should be, a Thomson Reuters leader told ITR
The big four firm is consolidating 16 entities across the region to create a single 6,000-partner behemoth
Brazil’s tax reform unifies consumption taxes to simplify rules, centralise administration and reduce legal uncertainty
The ever-expansive firm has once again attracted a former ‘big four’ talent to lead the new offering
Gift this article