Z. Wellington Lawyers: Brightline Test Changes Effective July 1, 2024

Wellington Lawyers: Brightline Test Changes Effective July 1, 2024

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The Brightline test serves as a mechanism to determine whether tax is applicable on profits from the sale of residential properties in New Zealand.

Recent announcements have unveiled changes to the Brightline test set to be enforced from July 1st of this year, following the transition in government.

Under the revised regulations, the Brightline test period for residential properties will be shortened from ten years to two years, aligning with its initial duration upon introduction.

Consequently, properties sold after July 1, 2024, will only incur tax on profits if owned for less than two years, unless specific exceptions apply.

Exceptions will persist for primary residences, separation or relationship property transfers, certain transfers to trusts, and inheritances.

Presently, properties acquired between March 29, 2018, and March 27, 2021, adhere to a five-year Brightline period, while those purchased after March 27, 2021, are subject to a ten-year period. New construction homes observe a five-year Brightline period.

The updated Brightline test will be universally applied, resulting in a reduction of the Brightline period to two years for properties subject to either a five or ten-year timeframe.

Properties acquired prior to July 2022 will be exempt from the Brightline test as of July 2024, given that all sales of these properties will have occurred after at least two years.

It is advisable to seek legal and tax counsel before selling a property to ensure awareness of Brightline-related obligations.

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