Income Tax Act 2007

Recharacterisation of certain transactions - Distribution, transmission, and gifts of property - Exceptions for residential land transferred to trustees of certain trusts or other entities

FC 9B: Residential land: certain transferors

You could also call this:

"Selling your home: how it affects your income"

Illustration for Income Tax Act 2007

When you sell residential land, your net income is calculated. You are treated as selling the land for its cost or the amount you get, whichever is greater. This applies if you are a person transferring land to a trustee, or a trustee transferring land to a settlor. You can also be a person in a different capacity, or a person transferring land to a Māori trustee. In these cases, you are treated as selling the land for its cost or the amount you get, whichever is greater. This is according to sections like section CB 6A and CZ 39. If you transfer land to a recipient, as described in section CB 6AB or section CB 6AC, you are treated as selling the land for its cost or the amount you get, whichever is greater. You are also treated this way if you transfer land to a recipient as described in section CB 6AE. This helps calculate your net income from selling residential land.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS694002.

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FC 9C: Residential land: certain recipients, or

"Selling residential land you got from someone else"

Part FRecharacterisation of certain transactions
Distribution, transmission, and gifts of property: Exceptions for residential land transferred to trustees of certain trusts or other entities

FC 9BResidential land: certain transferors

  1. For the purposes of calculating a person’s net income in relation to the disposal of residential land for which they derive an amount of income under section CB 6A or CZ 39 (which relate to residential land), if the person is 1 of the following then they are treated as disposing of the relevant land for the greater of either its cost to them or the consideration they derive for the disposal:

  2. a person transferring land to a trustee (the recipient), described in section CB 6AB(1) (Residential land transferred in relation to certain family trusts and other capacities), to which that subsection applies:
    1. a trustee transferring land to a settlor (also a recipient), described in section CB 6AB(2), to which that subsection applies:
      1. a person in a different capacity (also a recipient), described in section CB 6AB(4), to which that subsection applies:
        1. a person transferring land to a Māori trustee (also recipient), described in section CB 6AC(1) (Residential land transferred in relation to certain Māori family trusts), to which that subsection applies:
          1. a Māori trustee transferring land to a settlor (also a recipient), described in section CB 6AC(2), to which that subsection applies:
            1. a transferor transferring land to a recipient, described in section CB 6AE (Certain transfers of residential land included in settlement of claim under the Treaty of Waitangi), to which that section applies.
              Notes
              • Section FC 9B: inserted, on , by section 104 of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).
              • Section FC 9B(b): amended (with effect on 1 April 2022), on , by section 76(1) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).
              • Section FC 9B(e): amended (with effect on 1 April 2022), on , by section 76(2) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).
              • Section FC 9B list of defined terms settlor: inserted (with effect on 1 April 2022), on , by section 76(3) of the Taxation (Annual Rates for 2023–24, Multinational Tax, and Remedial Matters) Act 2024 (2024 No 11).