Your role within the process is done when the RLWT is paid to us.
Check if RLWT should be deducted from the property sale
You'll need to deduct RLWT from the property sale profit if the:
- sale amount is paid or payable, excluding deposits or part payments that total less than 50% of the sale amount on or after 1 July 2016
- seller acquired the property on or after 1 October 2015 through to 28 March 2018 inclusive and sold it within 2 years
- seller acquired the property on or after 29 March 2018 through to 26 March 2021 inclusive and sold it within 5 years
- seller acquired the property on or after 27 March 2021 and sold it within 10 years (please note that a property acquired on or after 27 March 2021 will be treated as having been acquired before 27 March 2021, if the purchase was the result of an offer the purchaser made on or before 23 March 2021 that cannot be withdrawn before 27 March 2021)
- property disposed of is New Zealand residential land
- seller is an offshore RLWT person.
How to check if RLWT needs deducting
You cannot deduct RLWT without a signed residential land withholding tax declaration - IR1101 and supporting documents from the seller. You'll need the same for companies, trusts and limited partnerships.
When the seller does not give an IR1101 form
If the seller does not give you an IR1101 or it's incomplete, assume they're an offshore RLWT person. They'll need to meet other withholding requirements.
This means you deduct RLWT from the residential land purchase amount. This will ensure you avoid any penalties as the withholder.
Deduct RLWT before any other payments
You'll need to calculate, deduct and pay RLWT to us before any other payments are made. The only exceptions are payments to cover:
- any mortgage or other security with a New Zealand-registered bank or licensed non-bank deposit taker against the property
- outstanding local authority rates.