156C Content of tax statement

(1)

A tax statement completed by or on behalf of a transferor or transferee must—

(a)

be signed by the transferor or transferee; and

(b)

be dated on the date on which it was signed; and

(c)

state the transferor or transferee’s full name; and

(d)

state whether the transfer is of land that has a home on it; and

(e)

state whether the transferor or, as the case may be, the transferee, or a member of that person’s immediate family, is a New Zealand citizen or a holder of a resident visa, work visa, or student visa; and

(f)

in the case of a transferee, if the transferee or a member of the transferee’s immediate family is a holder of a work visa or student visa, state whether the transferee or a member of the transferee’s immediate family intends living on the land; and

(g)

either—

(i)

state that the transfer instrument is for a non-notifiable transfer (or, as the case may be, is, in respect of the transferor or transferee making the statement, a non-notifiable transfer) and specify the category of that non-notifiable transfer; or

(ii)

provide all of the information set out in subsection (2).

(2)

The information must include all of the following:

(a)

the transferor or transferee’s IRD number; and

(b)

whether the transferor or transferee (without taking into account any double tax agreement that would otherwise apply) is, or is not, treated as tax resident in a jurisdiction other than New Zealand as at the date of the statement; and

(c)

if the transferor or transferee is (without taking into account any double tax agreement that would otherwise apply) treated as tax resident in a jurisdiction other than New Zealand as at the date of the statement,—

(i)

the name of that jurisdiction; and

(ii)

the country code for that jurisdiction as prescribed by the Commissioner of Inland Revenue; and

(iii)

the equivalent of the transferor or transferee’s IRD number in that jurisdiction.

(3)

However, if a transferor or transferee is—

(a)

acting in the capacity of the trustee of a trust, the information must relate to the trustee in that capacity; or

(b)

acting as a nominee or under a power of attorney, the information must relate to the person who made the nomination or granted the power of attorney; or

(c)

acting in the capacity of a partner in a partnership, the information must relate to the partnership; or

(d)

a person acting on behalf of an unincorporated body, the information must relate to the unincorporated body.

(4)

To avoid doubt, a transferor or transferee who does not have an IRD number must request one for the purpose of providing the information required by subsection (2)(a).

(5)

In this section, IRD number has the meaning given to tax file number by section 3(1) of the Tax Administration Act 1994.

(6)

For the purpose of subsection (1)(d), home means a dwelling mainly used as a residence.

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