New Zealand: Government announces drastic residential property tax reform

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

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

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

New Zealand: Government announces drastic residential property tax reform

Sponsored by

sponsored-firms-russel-mcveagh.png
New Zealand government announce a housing package containing significant tax reforms

The New Zealand government has announced a housing package containing significant tax reforms. Fred Ward and Isabelle Collins of Russell McVeagh discuss the key policy measures.

In late March 2021 the New Zealand government announced a housing package containing significant tax reforms aiming to increase housing supply and remove incentives to curb so-called ‘rampant speculation’.  

The housing package contains two principal tax policy measures: 

  • A recently enacted extension to the residential bright-line test (which deems the proceeds of selling residential property (other than a person's main home) within a specified period to be taxable) from 5 to 10 years; and

  • A proposal to remove interest deductions for residential property investors.  

No more deductions for interest expenditure

By far the more controversial of the two measures is the proposal to remove interest deductions for residential property investors.

Currently a taxpayer can deduct the cost of interest expenditure incurred in the course of deriving income, for example, rental income.  

The government proposes to disallow interest deductions from October 1 2021 for all residential property acquired on or after March 27 2021. It will also disallow interest deductions for money borrowed after March 27 2021 to maintain or improve property, even if the property was acquired before March 27 2021.

For existing property investors with outstanding loans (i.e. for property bought and money borrowed before March 27 2021), interest deductions will be phased out by 25% each year for the next four years. From April 1 2025, none of the interest expense will be deductible.

The government has suggested that property developers, who would be expected to pay tax on the gains from the sale of their properties, will be able to continue to deduct interest expenditure.  

This measure is likely to impact considerably on the after-tax profit on rental income derived by residential property investors. It will not otherwise change the way that property is taxed (or not) when it is sold.

Significantly, the Treasury advised the government against proceeding with this proposal at this stage, due to “time constraints and lack of analysis”.  However, the government has announced it will consult on the detail of this proposal before introducing legislation in advance of the expected October 1 2021 implementation date.

Bright-line period doubled

The second key measure of the government's package is the extension of the residential bright-line test from five to 10 years. This measure came into force on March 27 2021.  

The bright-line test now requires income tax to be paid at a taxpayer's marginal tax rate on gains made from the sale of residential property within 10 years of its acquisition, subject to several exceptions. Among other exceptions, the bright-line test does not apply if the residential property is the taxpayer's ‘main home’ or if it was acquired by inheritance.

The new 10-year period applies to all residential property acquired on or after March 27 2021. If sold within 10 years of acquisition (provided no exclusion applies), the taxpayer will derive assessable income on the proceeds of sale.

The government also enacted measures designed to limit the way the ‘main home’ exclusion can be relied on by taxpayers. Previously, the exclusion applied if the property was used as a main home ‘for most of’ the bright-line period. The exclusion as amended now takes into account a period in which the main home criterion is not satisfied and, if that period exceeds a year, the bright-line period is effectively extended.  

Consistent with its aim to increase housing supply, the government has also proposed to provide preferential treatment to ‘new builds’, which will only be subject to a five-year bright-line period. However, it has not yet determined how a ‘new build’ will be defined, and such an exemption will be introduced to Parliament after further consultation. 

 

Fred Ward

Partner, Russell McVeagh

E: fred.ward@russellmcveagh.com


Isabelle Collins

Law clerk, Russell McVeagh

E: isabelle.collins@russellmcveagh.com

 

 

more across site & shared bottom lb ros

More from across our site

It should be easy for advisers to be transparent about costs, Brown Rudnick partner Matthew Sharp said in response to exclusive ITR in-house data
The sprawling legislation phases out Joe Biden-era green tax incentives for businesses; in other news, the UK will reportedly maintain its DST despite US pressure
New French legislation should create a more consistent legal environment for taxing gains from management packages, say Bruno Knadjian and Sylvain Piémont of Herbert Smith Freehills Kramer
The South Africa vs SC ruling may embolden the tax authority to take a more aggressive approach to TP assessments, an adviser tells ITR
Indirect tax professionals now rate compliance as a bigger obstacle than technology and automation; in other news, Italy approved a VAT cut on art sales
AI-powered tax agents are likely to be the next big development in tax technology, says Russell Gammon of Tax Systems
FTI Consulting’s EMEA head of employment tax and reward tells ITR about celebrating diversity in the profession, his love of musicals, and what makes tax cool
Canadian Prime Minister Mark Carney and US President Donald Trump have agreed that the countries will look to conclude a deal by July 21, 2025
The firm’s lack of transparency regarding its tax leaks scandal should see the ban extended beyond June 30, senators Deborah O’Neill and Barbara Pocock tell ITR
Despite posing significant administrative hurdles, digital services taxes remain ‘the best way forward’ for emerging economies, says Neil Kelley, COO of Ascoria
Gift this article