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 9D: Residential land: certain recipients of Treaty of Waitangi land

You could also call this:

"Selling residential land given by the Crown under the Treaty of Waitangi"

When you sell residential land, your net income is calculated. If you got the land from the Crown under the Treaty of Waitangi, you are treated as buying it at its market value when it was transferred. This applies if you received the land under CB 6AE, which is about certain transfers of residential land included in a Treaty of Waitangi settlement.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS694006.

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

Topics:

Money and consumer rights > TaxesMāori affairs > Treaty of WaitangiMāori affairs > Māori landHousing and property > Buying and selling homesHousing and property > Land use

FC 9C: Residential land: certain recipients, or

"Selling residential land you got from someone else"

FC 10: Transfers from person to Official Assignee under Insolvency Act 2006, or

"How property transfers to the Official Assignee during bankruptcy are treated for tax purposes"

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 9DResidential land: certain recipients of Treaty of Waitangi land

For the purposes of calculating a person’s (person A’s) net income in relation to the disposal of residential land for which person A derives an amount of income under section CB 6A or CZ 39 (which relate to residential land), person A is treated as acquiring the land for its market value at the time the land was transferred from the Crown, if person A is the recipient under CB 6AE (Certain transfers of residential land included in settlement of claim under the Treaty of Waitangi).

Notes

Section FC 9D: inserted, on 1 April 2022, by section 104 of the Taxation (Annual Rates for 2021–22, GST, and Remedial Matters) Act 2022 (2022 No 10).