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Income Tax Act 2007

Schedule 15: Excepted residential land

You could also call this:

“Types of land not considered residential for tax purposes”

This schedule lists types of land that are considered ‘excepted residential land’ under the Income Tax Act 2007. It includes business premises, farmland, hospitals, boarding establishments, hotels, rest homes, and student accommodation. These are generally not considered residential land for tax purposes.

The schedule also mentions that a person’s main home, or the main home of a trust beneficiary, can be considered excepted residential land. This applies to the land used for the home and any attached areas enjoyed with it.

Employee accommodation and Māori excepted land are also included in this list. The schedule also mentions build-to-rent land, which can be considered excepted residential land if the Chief Executive of the department responsible for the Residential Tenancies Act 1986 notifies the Commissioner that the land meets the definition.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS684029.

Topics:
Money and consumer rights > Taxes
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15Excepted residential land

1. Business premises, except if the business premises—

  • are used or available for use in a business of supplying accommodation; and
    1. are not land described in clause 7.

        1. 2. Farmland, including any place configured as a residence or abode, whether or not it is used as a place of residence or abode, including any appurtenances belonging to or enjoyed with the place.

        3. A hospital, convalescent home, nursing home, or hospice.

        4. A boarding establishment.

        5. A hotel, motel, inn, hostel, or camping ground.

        6. A rest home or retirement village.

        7. For the relevant person (person A), land that has been used predominantly for a place configured as a residence or abode, including any appurtenances belonging to or enjoyed with the place, if that place is the main home for 1 or more of the following people:

      1. person A;
        1. a beneficiary of a trust, if person A is a trustee of the trust and—
          1. a principal settlor of the trust does not have a main home; or
            1. if a principal settlor of the trust does have a main home, the place is their main home.

              2. 8. Student accommodation.

              9. For the relevant person, employee accommodation.

              10. Māori excepted land.

              11. Land to the extent to which the Commissioner has received notice from the Chief Executive of the department responsible for the administration of the Residential Tenancies Act 1986 that the Chief Executive is satisfied that the land meets the definition of build-to-rent land, and the Commissioner has not received notice from the Chief Executive that the land no longer meets that definition.

              Notes
              • Schedule 15 item 11: inserted, on , by section 117 of the Taxation (Annual Rates for 2022–23, Platform Economy, and Remedial Matters) Act 2023 (2023 No 5).