Income Tax Act 2007

Recharacterisation of certain transactions - Transfers of relationship property

FB 3A: Residential land

You could also call this:

"Rules for transferring residential land during a relationship split"

Illustration for Income Tax Act 2007

When you transfer residential land as part of a relationship property settlement, it is treated as if you sold the land. You are considered to have sold the land for the total cost you paid for it. The person you transfer the land to is treated as if they bought the land on the same date you originally acquired it, for the purposes of sections CB 6A, CB 16A, CZ 39, and CZ 40, and Part D of the Income Tax Act. The transfer is treated as a disposal and acquisition for an amount that equals the total cost of the residential land to you at the date of transfer. The person you transfer the land to is treated as having acquired property in the residential land on the relevant date, for your acquisition, in sections CB 6A and CZ 39.

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FB 3: Land acquired for certain purposes or under certain conditions, or

"Land bought for special reasons or in special situations"

Part FRecharacterisation of certain transactions
Transfers of relationship property

FB 3AResidential land

  1. This section applies for the purposes of sections CB 6A, CB 16A, CZ 39, and CZ 40 (which relate to the bright-line test for residential land), and Part D (Deductions) when residential land is transferred on a settlement of relationship property.

  2. The transfer is treated as a disposal and acquisition for an amount that equals the total cost of the residential land to the transferor at the date of transfer.

  3. The transferee is treated as having acquired property in the residential land on the relevant date, for the transferor’s acquisition, in sections CB 6A, and CZ 39.

Notes
  • Section FB 3A: inserted (with effect on 1 October 2015 and applying to a person’s disposal of residential land if the date that the person first acquires an estate or interest in the residential land is on or after that date), on , by section 12(1) of the Taxation (Bright-line Test for Residential Land) Act 2015 (2015 No 111).
  • Section FB 3A(1): amended (with effect on 27 March 2021), on , by section 61(1) of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).
  • Section FB 3A(1): amended, on , by section 115(1) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).
  • Section FB 3A(3): amended (with effect on 27 March 2021), on , by section 103 of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
  • Section FB 3A(3): amended (with effect on 27 March 2021), on , by section 61(2) of the Taxation (Annual Rates for 2020–21, Feasibility Expenditure, and Remedial Matters) Act 2021 (2021 No 8).