Property tax exemptions and non-notifiable reasons

Not all transfer require property tax information - find out if your transfer does.

Exemptions

You do not need to complete a Land Transfer Tax Statement if:

  • the transfer relates to Māori Land as defined by Te Ture Whenua Māori Act 1993; or
  • if the transfer is a transfer of property by the Crown under a Treaty Settlement Act that expressly authorises the Crown to transfer the fee simple and to sign a transfer instrument.

Non-notifiable reasons

Note – Following amendments to the Land Transfer Act 2017 on 1 January 2020, you can no longer claim the main home non-notifiable reason.

Landwrap November 2019 has the details

You may not need to provide your tax details if one of the following “non-notifiable” reasons applies (but you will still need to provide a tax statement):

  • you are disposing of the land as part of a mortgagee sale, rating sale under the Local Government (Rating) Act 2002, a court ordered sale or statute ordered sale.
  • you are acting as a transferor or transferee on behalf of a public authority as defined in the Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015 (eg. Her Majesty the Queen)
  • you are acting as a transferor or transferee on behalf of a local authority as defined in the Income Tax Act 2007
  • you are acting as executor or administrator for a deceased person’s estate and the transferee is beneficially entitled to receive the property under the will or the rules governing intestacy.

If applicable, enter the most appropriate code.

What tax information you need to provide

Here is what you need to know about tax information to provide if your dealing qualifies for an exemption or non-notifiable reason.

Category of exemption Reason Details to be completed in Landonline for a Tax Statement Tax statement created?
None n/a
  • Statement date
  • Questions 3A, 3B, 6-13as applicable
  • NZ IRD No.
  • Tax Residency
  • Tax information no. (if not NZ tax resident)
Yes
Non-notifiable

For example: mortgagee sale

Refer to the Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015 for full information on non-notifiable reasons.
  • Statement date
  • Questions 3A, 3B, 6-13 as applicable
  • Non-notifiable reason
Yes
Exempt
  • Maori Land – Reg 4(1)(a) 
  • Treaty Settlement – Reg 4(1)(b)

Refer to the Land Transfer (Land Information and Offshore Persons Information) Exemption Regulations 2015 for full information on exemptions

  • Exempt reason
No