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Income Tax Act 2007

Income - Income from business or trade-like activities

CB 6: Disposal: land acquired for purpose or with intention of disposal

You could also call this:

“Tax on profit from selling land you bought to resell”

If you sell land, the money you get from it is considered income if you bought the land for the purpose of selling it or if you intended to sell it when you bought it. This applies even if selling the land wasn’t your only reason for buying it.

However, there are some exceptions to this rule. If the land you’re selling is residential land or business premises, different rules might apply. You can find more information about these exceptions in section CB 16 for residential land and section CB 19 for business premises.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1512414.

Topics:
Money and consumer rights > Taxes
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“Residential land transfers for Treaty of Waitangi settlements are ending soon”

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CB 7: Disposal: land acquired for purposes of business relating to land, or

“Money from selling land may be taxable if bought for land-related business purposes”

Part C Income
Income from business or trade-like activities

CB 6Disposal: land acquired for purpose or with intention of disposal

  1. An amount that a person derives from disposing of land is income of the person if they acquired the land—

  2. for 1 or more purposes that included the purpose of disposing of it:
    1. with 1 or more intentions that included the intention of disposing of it.

      1. Subsection (1) is overridden by the exclusions for residential land in section CB 16 and for business premises in section CB 19.

      2. Repealed
      Compare
      Notes
      • Section CB 6(3) heading: repealed (with effect on 1 April 2008 and applying for the 2008–09 and later income years), on , pursuant to section 8(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).
      • Section CB 6(3): repealed (with effect on 1 April 2008 and applying for the 2008–09 and later income years), on , by section 8(1) of the Taxation (Annual Rates for 2016–17, Closely Held Companies, and Remedial Matters) Act 2017 (2017 No 14).