Land Information NZ (LINZ)

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Land transfer transaction tax information

Name of agreement	Land transfer transaction tax information
Agency data share is with	Land Information NZ
MoU title	Exchange of information for the purposes set out in section 86 of the Land Transfer Act 2017.
Agency using the data	Inland Revenue
Purpose	LINZ provides Inland Revenue with information collected from tax statements completed by buyers and sellers of property to enable Inland Revenue to assess tax obligations with regards to the sale of property.
Data exchanged	LINZ provide Inland Revenue with details from land transfer transaction tax statements which may include: unique identifier date of the statement status of transaction title information conveyancer details whether there is a home on the property country of residence and citizenship/visa status of the buyer/seller and their immediate family tax information numbers for buyers/sellers who are treated as tax resident in a jurisdiction other than New Zealand and their country of tax residence whether they are claiming a non-notifiable reason and on what grounds if the buyer or a member of their immediate family hold a work or student visa and the buyer or a member of their immediate family intends living on the land.
Legal authority	Section 18H, and Schedule 7, part C, clause 31 of the Tax Administration Act 1994 and sections 82 and 86 of the Land Transfer Act 2017

Investor test assessments

Name of agreement	Information sharing relating to investor test assessments under the Overseas Investment Act 2005
Agency data share is with	Land Information NZ
MoU title	Memorandum of Understanding between Inland Revenue and Land Information New Zealand relating to investor test assessments under the Overseas Investment Act 2005
Agency using the data	Land Information New Zealand (Overseas Investment Office division)
Purpose	Information will be provided to LINZ-OIO to be used to consider and determine whether the Investor Test is met for the relevant application (from an overseas investor).
Data exchanged	Inland Revenue may disclose certain information to LINZ about an investor in an overseas investment, including whether: they have become liable to pay a penalty in relation to an abusive tax position, evasion or similar in the last 10 years, in New Zealand or other countries at the date of application, there is a significant amount of outstanding unpaid tax due (by the investor) in New Zealand or other country. Where an applicant (overseas investor) provides LINZ with that information, IR may confirm if the information is correct and provide further information on penalties and total amount of unpaid tax.
Legal authority	Clause 39B of schedule 7 of the Tax Administration Act 1994

Last updated: 06 Jul 2021