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Tax exemption discriminates against ordinary landlords

Monday 15th of August 2022

Housing Minister Megan Woods says upcoming tax legislation will give the exemption to new and existing build-to-rent developments rules in perpetuity.
The exemption will apply retrospectively from 1 October 2021. Owners of build-to-rent assets can claim interest costs relating to these assets for as long as the asset is held and operated as a build-to-rent development.
The proposed requirements for the new asset class include:

  • That tenants must be offered a fixed-term tenancy of at least 10 years with the ability to give 56 days’ notice of termination, but they may agree to or request other tenancy offers; 
  • The developments must have at least 20 dwellings in one or more buildings that comprise a single development, on either a single parcel of land or multiple contiguous parcels;
  • The dwellings and any common land or facilities for those dwellings must  have a single owner;
  • Dwellings can be held in one or more titles;
  • The buildings that a build-to-rent dwelling is in, can include other dwellings or commercial premises that do not form part of the build-to-rent development;
  • and the dwellings are used or available for rent under the Residential Tenancies Act.
Property Investors Federation president Andrew King says it appears the Government has bowed to big business lobbying and changed the rules for large developers turned landlords.

“Minister Woods says build-to-rent developers provide high quality rental housing so these tax benefits are going to benefit high income earning tenants rather than the vast majority of tenants as a consequence.”

King says the vast majority of tenants cannot afford brand new, high end accommodation. “They want well maintained, warm, dry but ultimately good value rental accommodation.”

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