Property Investors: Is the future bright?

The Brightline Test treats any financial gain made on the sale of a residential property that was not a family home, a main home held in a trust, or a residential property that is inherited as taxable income.

The time span of the Brightline Test has changed over the years:

• Within two years of being acquired, between 1 October 2015 and 28 March 2018 inclusive
• Within five years of a house being acquired on or after 29 March 2018 The most recent update:
• Within ten years of a house acquired on or after 27 March 2021

How will the new property rules affect me?

The new property rules include:

a) Extending the Brightline Test (tax on capital gain) from the current 5 years to 10 years.

The extension of the Brightline Test may have your attention as the greatest cause for concern; however, most people invest in property as a long-term commitment, so an additional 5 years is not typically a big issue.

b) Removing the ability to deduct mortgage interest in your annual tax return.

Losing the ability to deduct mortgage interest should be where you focus your attention, and the reason why seeking professional property legal advice is prudent.

Many clients have bank loans secured against their family home and use the equity to buy a rental property. If initially structured correctly, the surplus rental income provides a passive income, but it’s the increase in value over time that is the biggest draw – a tool to build one’s personal wealth. However, the loss of deductibility of the interest is essentially a tax on the debt and the interest rate, and a threat to cashflow.

What can I do to protect my finances?

Firstly, don’t panic. The loss of interest deduction is being phased in over four years, so there is time to improve your position. To learn more about how you can protect your greatest assets, contact Weston Ward & Lascelles Christchurch property lawyers on 03 379 1740 for all your property needs or contact us here.