FC 9 Residential land transferred to executor, administrator, or beneficiary on death of person
What this section applies to


This section applies in the circumstances described in section FC 1(1)(a) or (b) when residential land is transferred on a person’s death and section FC 5 does not apply.

Residential land


Section CB 6A (Disposal within 2 years: bright-line test for residential land) does not apply to the transfer of the residential land, including any intervening transfer to an executor or administrator.

Cost of residential land


If the residential land is transferred to a person who disposes of it, and the person derives income, the cost of the land to the person is—


the cost of the land incurred by the deceased person; and


all other expenditure incurred by the person, the deceased person, or the administrator or executor of the deceased person, as applicable, for which no deduction has been allowed.

Defined in this Act: deduction, dispose, income, land, person, residential land

Section FC 9: inserted (with effect on 1 October 2015 and applying to a person’s disposal of residential land if the date that the person first acquires an estate or interest in the residential land is on or after that date), on 16 November 2015, by section 15(1) of the Taxation (Bright-line Test for Residential Land) Act 2015 (2015 No 111).