The Definitive New Zealand Guide to The Bright-Line Rule for Property Sales

Our guide outlines how and when the Bright-Line Rule applies, alternative property taxes that may still be payable, tax assessment, exceptions, as well as must-know facts and frequently asked questions.

Updated 16 February 2022

Summary

The Bright-Line Property Rule (also known as the "bright-line test") is a law that determines if tax needs to be paid on profits made when a property is sold. It does not apply to properties acquired before 1 October 2015.
Like a capital gains tax, the bright-line rule calculates the difference between what you bought and sold a property for. It then applies an income tax charge on qualifying homes.
The bright-line rule won't catch you if you buy a home and own it for over ten years unless your principal business activity is buying and selling houses. If it is, the IRD will likely already be in touch. However, for most people, this isn't applicable.

Our guide covers:

Know This First: Why is it called a 'bright-line' rule? What does 'bright-line' mean?
The name 'bright-line' comes from US law, whereby a 'bright-line rule' is a clearly defined standard that leaves little or no room for varying interpretations. This means that, like income tax and GST, there is no room for inconsistent application, which the government wants as to be fair to everyone.

How Does the Bright-Line Test Apply?

Firstly, the test only applies to residential property bought and sold within ten years of the date of purchase. For new builds this period is reduced to five years. The test doesn't apply to any commercial property, retirement unit, or similar, or any properties acquired before 1 October 2015.
One major exception to the rule is when the property is the owner's "main home". If this is the case, you can buy a home and move to another one within ten years; you won't fall under the bright-line rule.
However, if you decide to rent out the home and later sell it within ten years, the bright-line tax will be levied proportionally depending on the amount of time it's been rented.
Further to the 'main home' exception, an inherited property is also excluded.

What tax rate is charged?
The profits are taxed at your highest marginal tax rate for your annual income. This means if you earn a salary of $100,000 and make a $400,000 profit from a house sale, you will pay up to 39% tax. This is because the $400,000 is treated as income, so your annual income would be $500,000. Anything income above $180,000 per year is taxed at 39%. So the bright-line tax charged would be:

$80,000 X 33%: $26,400
$320,000 X 39%: $124,800
Total = $151,200, or 37.80% of the capital gain.

What are the personal income tax rates?

Tax rate	Taxable income bracket	Tax owed
10.5%	$0 to $14,000	10.50% of taxable income,
17.50%	$14,001 to $48,000	$1,470 plus 17.50% of the amount over $14,000
30.00%	$48,001 to $70,000	$7,420 plus 30.00% of the amount over $48,000
33.00%	$70,001 to $180,000	$14,020 plus 33.00% of the amount over $70,000
39.00%	$180,000+	$50,320 plus 39.00% of the amount over $180,000

Source: PAYE tax rates

What if I co-own the property? What tax is payable?

If you own the property with your partner and a sale falls under the bright-line rule, you will still need to pay tax. How much depends on the percentage of the property you own, your current income and the total apportioned profits. When you complete an IR833 form after the sale, these figures will be calculated.

Is the bight-line rule a capital gains tax?

Even though the test taxes capital gains as income, it is effectively a capital gains tax in design and enforcement. It may not have the characteristics of a traditional CGT which is often a flat rate and doesn't consider how long an asset for held for, but capital gains drive the bright-line rule. Its origins date back to the government trying to curb the problematic behaviour of property speculators flipping houses week after week while making untaxed income.

Frequently Asked Questions

Why are there a 5-year and 10-year time limits if there is an exemption for the sale of the main home?

While we can't specifically interpret the lawmakers' intention, generally, we believe that the idea is to reduce the occurrence of people continuously flipping properties, also known as speculators. The 10-year cut-off period (5-years for new-builds) is designed to tax those who regularly 'trade' homes - property speculators, developers, professional landlords, etc. But of course, first-home buyers are excluded anyway from any bright-line rule on their family home, regardless of how long they own it for.

Is the ten years time limit likely to be extended?

It's unknown given how recently the law came into force. That being said, the government did reveal that Treasury originally suggested 20 years rather than 10-years in 2021 per this Stuff.co.nz article. However, for now, it is ten years and will likely remain so for some time.

How long do New Zealanders own homes for?

Data published in this Stuff.co.nz article suggests the following:

42% of properties are held for five years or less
64% are held for ten years or less
83% are held for 15 years or less
91% are sold within 20 years of being bought

If I buy a home and then move overseas and later sell it within ten years, does the bright-line rule cover any profits on the sale?

Yes, but only on the portion of years you didn't live in it. For example, if you bought it and moved in on 1 January 2023, lived there until 31 December 2024 when you moved overseas and sold it on 31 December 2025, the bright-line rule only applies for one year of the three years you owned the property. If the gain was $150,000, $50,000 would be assessable for tax, and if the marginal tax rate was 30%, $15,000 of tax would be payable.

What does the bright-line rule have to do with rents being raised?

When the revised bright-line legislation was introduced in 2021, the government also removed the ability to claim mortgage interest as a tax deduction against rental income. This makes rental income less cost-effective to own, and as a result, there was a risk that rents would need to increase to offset these increased costs. Unfortunately, it's impossible to know if this has become a reality as rents have increased nationwide year after year.

What happens to parents who help children with a house deposit, co-invest in a property or buy a home outright for their child?

The bright-line rule applies because:

The name of the parents is on the paperwork (either as a co-owner or an outright owner), and
The parents don't live in the house, meaning it's a secondary property

However, unless the home is sold or ownership transferred within ten years, there is no tax to pay on the gains. Tax is charged under the bright-line rule if they do either of these things. This NZHerald article outlines some considerations to be aware of.

An exemption applies if your parents live with you in the home and it's their primary residence which you share with them, and you buy it together. You're all sharing the primary home in such a situation, and bright-line testing is not applicable.

To avoid the Bright-Line test, is it better to loan money to a child for a house deposit rather than buy as a co-owner?

There are no tax consequences for parents in such situations as the property is 100% owned by the child as the parents have no ownership rights. However, it's not common banking practice for a mortgage to be approved if the applicant has a significant debt owing elsewhere, for example the parents loaning funds for the property. A loan may make it much harder to get a mortgage offer.

What is the situation with new-build homes?

Properties that are ‘new builds’ are subject to a five year time period if the property was purchased for investment purposes. This means the original investor would need to sell the new-build within five years, not ten, to pay tax on the profits. However, anyone buying a new-build property to live in is excluded from the bright-line rule (as long as they continue to live in the property and it's their primary residence).

Alternative Property Taxes, Assessment and Exceptions

Can I still be taxed for housing profits if I am outside the bright-line period?

Yes. The IRD makes it clear that tax may still be payable from a property sale when:

You bought the property, and you had a firm intention to sell it.
You have a pattern of buying and selling or building and selling your main home or
A person you're associated with is in the business of property dealing, developing or building, and the property was bought for the business.

The IRD has a decision tool which helps you determine if the property you are buying or selling is taxable.

Are there exceptions to the bright-line test?

The IRD makes it clear that the bright-line property rule does not apply to:

A sale of property that has been your main home, or
Inherited property, or
If you're the executor or administrator of a deceased estate.

How much tax do I need to pay if bright-line applies to me, and how do I pay it?

The first step is to complete an IR833 form, which covers a property sale and calculates how much profit has been made. Once that is known, you'll complete a standard IR3 (income tax) form, which calculates how much tax you owe based on your total earnings for the tax year. The IRD will then arrange collection for this amount.

I'm confused about whether my property sale falls under bright-line or some other tax. Is there a tool I can use to find out?

Yes, the IRD has a decision tool to help you determine if the property you are buying or selling is taxable under any of the property rules. You can access it here.

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