Income Tax Act 2007

Recharacterisation of certain transactions - Transfers of relationship property

FB 12: Pension payments to former partners

You could also call this:

"Pension payments to an ex-partner from someone else"

You are in a situation where you get a pension from a partner. If you settle relationship property, the partner might pay some of the pension to another person. This section helps with how that works with section DC 3. You are entitled to a pension from a partner or person. They pay some or all of it to another person because of a relationship property settlement. Section DC 3 applies to the amount paid as if it were a pension payment to you. When a partnership or person pays a pension to another person, it is like they are paying you. This is because of a relationship property settlement. The rules in section DC 3 apply to the amount paid.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1516351.

This page was last updated on 29 January 2026 — View changes

Topics:

Family and relationships > Marriage and partnershipsFamily and relationships > Children and parentingMoney and consumer rights > TaxesMoney and consumer rights > Savings and retirement

FB 11: Pension payments to former employees, or

"When your old employer pays your pension to someone else because of a settlement"

FB 13: Trading stock, or

"What happens to taxes when you transfer trading stock during a relationship property settlement"

Part FRecharacterisation of certain transactions
Transfers of relationship property

FB 12Pension payments to former partners

This section applies for the purposes of section DC 3 (Pension payments to former partners) when a person is entitled to the payment of a pension from a partner in a partnership or from any person, and because of a settlement of relationship property, the partnership, partner, or person pays some or all of the amount of the pension to another person.
Section DC 3 applies to the amount paid as if it were the payment of a pension to the former partner.

Compare

2004 No 35 s FF 17(2), (3)

Notes

Section FB 12 list of defined terms partner: inserted, on 24 February 2016, by section 243 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).
Section FB 12 list of defined terms partnership: inserted, on 24 February 2016, by section 243 of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).