Tax statement required for registration of instrument to transfer some estates in land

Heading: inserted, on 1 October 2015, by section 5 of the Land Transfer Amendment Act 2015 (2015 No 82).

156A Interpretation

(1)

For the purpose of this section and sections 156B to 156J, unless the context otherwise requires,—

certifier means a person who provides the certification for a transferor or a transferee in accordance with section 164A for a transfer of a specified estate in land

chief executive means the chief executive of the department

main home means, for a person, the 1 dwelling—

(a)

that is mainly used as a residence by the person (a home); and

(b)

with which the person has the greatest connection, if they have more than 1 home

nominee has the meaning given to it in section YB 21(2) of the Income Tax Act 2007

offshore person has the meaning given to it in section 3(1) of the Tax Administration Act 1994

specified estate in land means—

(a)

freehold estates, including fee simple and life estates; and

(b)

leasehold estates; and

(c)

stratum estates in freehold within the meaning of the Unit Titles Act 2010; and

(d)

stratum estates in leasehold within the meaning of the Unit Titles Act 2010; and

(e)

licences to occupy (as defined in section 121A(1)); and

(f)

any other estate in land declared to be a specified estate in land by regulations made under this Act

tax information means the information specified in a tax statement in accordance with—

(b)

if applicable, section 156D

tax statement means a statement that is completed and given in accordance with—

(a)
(b)

if applicable, section 156D.

(2)

For the purpose of this section and sections 156B to 156J, non-notifiable transfer

(a)

means,—

(i)

in relation to a transferee who is a natural person, the transfer of land that is intended to be used predominantly for a dwelling that will be the transferee’s main home:

(ii)

in relation to a transferor who is a natural person, the transfer of land that has been used predominantly, for most of the time the transferor owned the land, for a dwelling that was the transferor’s main home:

(iii)

any other transfer specified in regulations made under this Act as a non-notifiable transfer; but

(b)

does not include—

(i)

a transfer described in paragraph (a)(i) if the transferee will own the land as a trustee:

(ii)

a transfer described in paragraph (a)(ii) if the transferor owned the land as a trustee:

(iii)

a transfer described in paragraph (a)(ii) if the transferor has relied on that paragraph at least 2 times within the 2 years immediately preceding the date of the transfer to claim that transfers were non-notifiable transfers:

(iv)

any transfer, in relation to a transferee or a transferor who is an offshore person.

Section 156A: inserted, on 1 October 2015, by section 5 of the Land Transfer Amendment Act 2015 (2015 No 82).