Income Tax Act 2007

Deductions - Interest incurred in relation to certain land

DH 8: Deduction not allowed

You could also call this:

"Some interest on loans for homes can't be deducted from your income."

Illustration for Income Tax Act 2007

You are not allowed to deduct some interest from your income. This includes interest for disallowed residential property and grandparented residential interest. You also can't deduct interest to acquire or refinance a loan for a residential property. You can't deduct all of the grandparented residential interest. The amount you can't deduct depends on when the interest was incurred. For example, from 1 October 2021 to 31 March 2022, you can't deduct 25% of the interest. There is a formula to calculate the amount of interest you can't deduct for an interposed residential property holder. This formula uses the interposed interest and the quarterly interposed residential property percentage. The quarterly interposed residential property percentage is calculated as described in section DH 6. The interposed interest is the interest incurred in a quarterly period. The quarterly interposed residential property percentage is calculated at the end of each quarter.

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 It might be out of date or be missing some parts.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=LMS675468.

This page was last updated on View changes


Previous

DH 7: Grandparented residential interest, or

"Interest on a house loan that you can't claim back on your taxes"


Next

DH 9: Exception to limited denial of deductions: loans denominated in foreign currencies, or

"Removal of exception for foreign currency loan deductions"

Part DDeductions
Interest incurred in relation to certain land

DH 8Deduction not allowed

  1. A person is denied a deduction for interest if and to the extent to which the interest is—

  2. incurred for disallowed residential property, but excluding interest for a grandparented transitional loan:
    1. grandparented residential interest:
      1. incurred to acquire an ownership interest in, or become a beneficiary of, an interposed residential property holder:
        1. incurred to refinance a loan, interest for which is described in paragraph (a) or (c).
          1. The amount of the deduction denied for grandparented residential interest is limited to the following percentages for the following periods:

            A small table of periods and applicable percentages of interest denied.
            Period that grandparented residential interest is incurred Percentage denied
            1 October 2021 to 31 March 2022 25%
            1 April 2022 to 31 March 2023 25%
            1 April 2023 to 31 March 2024 50%
            1 April 2024 to 31 March 2025 75%
            On and after 1 April 2025 100%

          2. The amount of the deduction denied for interest (the interest) incurred as the owner or to become an owner of an interposed residential property holder that is a close company is limited, for an income year, to the amount calculated quarterly using the following formula and summed for the entire income year:

            interposed interest × quarterly interposed residential property percentage.

            Where:

            • In the formula in subsection (3)—

            • interposed interest is the interest, to the extent to which it is incurred in the relevant quarterly calculation period:
              1. quarterly interposed residential property percentage is the interposed residential property percentage for the interposed residential property holder, calculated, as described in section DH 6, at the end of the relevant quarterly calculation period.
                Notes
                • Section DH 8: inserted (with effect on 27 March 2021), on , by section 75 of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).