Land Information New Zealand (LINZ) collects additional tax information when people buy, sell or transfer property.
The Taxation (Land Information and Offshore Persons Information) Bill was passed by Parliament on 10 September 2015. It amended land transfer and tax legislation, which was then carried over to the Land Transfer Act 2017.
Tax information is collected by LINZ and passed to Inland Revenue, to follow up on those who have property tax obligations – whether they are New Zealanders or from overseas.
[Process flowchart - click to enlarge or download the diagram]
What lawyers and conveyancers need to know
Under the legislation:
- Property buyers/sellers must provide their IRD number and other tax details when transferring property unless the property is the main home or another non-notifiable reason applies.
- Trustees, and people who have claimed the main home non-notifiable reason more than 2 times within 2 years, may not claim the main home non-notifiable reason.
- Offshore persons (as defined in section 3(1) of the Tax Administration Act 1994) may not claim the main home or any other non-notifiable reason.
- Those who are tax resident in another jurisdiction must also provide the equivalent of their IRD number in that country (if the person is able to claim the main home exemption they do not need to provide this information).
- Offshore persons who need to apply for a New Zealand IRD number will be required to have an operational New Zealand bank account as a pre-requisite.
What is LINZ’s role?
LINZ captures tax information in Landonline when properties are bought, sold or transferred.
When is a tax statement needed?
When transferring freehold, leasehold, life estates, stratum estates, licences to occupy and other specified estates in land as defined in the Land Transfer Act 2017.
A tax statement isn’t needed if the transfer relates to Māori land as defined by Te Ture Whenua Māori Act 1993 or is part of a Treaty of Waitangi settlement process.
For edealing transactions, the Act does not require tax statements to be submitted to or held by LINZ. Instead, the person who signs the tax statement must give it to their lawyer or conveyancer who must hold the tax statement on their client file along with the A&I form (for the required 10 year retention period). The relevant tax information is entered into Landonline by the lawyer or conveyancer based on the details provided in the tax statement.
Got a question?
For registered Landonline users, submit a 'Titles Information' request in Landonline.
For other users, send an email to firstname.lastname@example.org