Land transfer tax statements are required when most land is transferred. There are some exceptions. The information in land transfer tax statements is usually sent to LINZ by your lawyer or conveyancer.
People buying, selling or transferring property must provide tax information using a ‘land transfer tax statement’. The information is collected by LINZ on behalf of IR who use it to make sure property tax obligations are met.
Tax statements are required when most land is transferred
Tax statements are required when most land is transferred. A separate statement is required from every seller (transferor) and buyer (transferee).
There are some exceptions including the transfer of Māori land.
Completing a land transfer tax statement
When completing the statement, you must provide information about whether:
- the land being transferred has a home on it
- you or a member of your immediate family is a New Zealand citizen, or holds a Permanent Resident, working or Student Visa
- the transfer is non-notifiable – (the rules will change from 1 January 2020). Unless the transfer is non-notifiable, you must provide an IRD number and information about whether you are a tax resident in another country. Property tax exemptions and non-notifiable reasons
Download the Land Transfer Tax Statement from the bottom of the page (the notes section will help you complete the statement)
The land transfer tax statements: common scenarios may also help.
e-dealing transactions don’t require tax statements to be sent to us
For e-dealing transactions, we don’t require tax statements to be submitted to us. Instead, your lawyer will enter the information from your completed tax statement into Landonline. The statements themselves should be held by your lawyer or conveyancer for 10 years. The tax statement should not be provided to LINZ as part of an e-dealing compliance review.
For manual dealings, tax statements must be submitted to us with the transfer documents and LINZ will enter the information into Landonline. Once we’ve registered the transfer we’ll send these documents back to the person who lodged the dealing to retain.
Changes are coming
From 1 January 2020, the rules about whether a transfer is non-notifiable will change. To prepare for this, we are updating the tax statement form in Landonline this month and the corresponding downloadable form:
Question 3 will be replaced by questions 3A and 3B.
3A) Does the transfer include any land that has a home on it. If the answer is ‘yes’, you will need to answer question 3B as well.
3B) Is the transfer a ‘main home transfer’
There will be a transitional period from 1 January to 1 July 2020. This applies when an agreement for the transfer of the land was entered into before 1 January 2020 and the transfer instrument is lodged on or before 1 July 2020. You can select “n/a” at question 3B if the transitional period applies.
After 1 July 2020 this option will be removed from the tax statement and everyone who answers “yes” to question 3A will need to answer question 3B.