Fortune Manning Explain the Bright Line Rule

IRD has extended the bright-line rule from two years to five years. The bright-line rule was updated on 29 March 2018 without much fanfare, but with significant implications for those buying and selling residential land in New Zealand.  The changes to the bright-line rule also affect the residential land withholding tax criteria for offshore RLWT persons.

The bright-line rule applies to the sale or disposition of any residential land you have purchased or acquired on or after 1 October 2015:

Property purchased or acquired between 1 October 2015 and 28 March 2018.

The two-year bright-line rule applies.

Property purchased or acquired on or after 29 March. 

The new five-year bright-line rule applies.

This means that if you sell or dispose of residential property within the bright-line rule periods above, tax will be payable on any gains from the sale or disposition of the property. Losses will be ring-fenced so that they may be used only to offset taxable gains from other land sales.

The existing exemptions to the bright-line rule continue to apply. These exemptions include the limited 'main home' exemption, transfers upon death in accordance with the deceased's will or transfers as part of a relationship property agreement. The 'main home' exemption can be used for properties held in trust in some instances.

The bright-line rule applies to residential land, which means:

Land that has a dwelling on it;

Land for which the owner has an arrangement that relates to erecting a dwelling;

Bare land that may be used for erecting a dwelling under rules in the relevant operative district plan.

Land used predominantly as business premises and land used as farmland is not included in the bright-line rule.

The start dates and end dates for the bright-line rule depend on the type of purchase/acquisition and the type of sale/disposal. Also, be aware that the bright-line test applies to all dispositions of property, including gifting and compulsory acquisition by a local authority. 

If you are interested in further information or advice about the bright-line rule, residential land withholding tax, or if you have any concerns that your next potential sale and/or purchase, and for more information on Auckland lawyers, Powers of attorney and making a will NZ please go to

www.fortunemanning.co.nz .