Transfer to add another co-owner to general land

Transfer to add another co-owner to general land - no money involved

This Kiwilaw form collects information for the transfer of land from one owner to that owner and a new co-owner. It asks for basic tax and residency/immigration information as well as land information. This is required by New Zealand law, whenever a land transfer is registered. That is because of tax implications if land is sold within the 'brightline test' period, and because of restrictions on acquisition of NZ land by overseas citizens.This form asks each of you to upload your photo ID, the record of title (if you have it), and another document that links you to your current address. It also asks for your own IRD number.If there's a mortgage on the title but no money is owing against it, you can ask us to arrange to discharge the mortgage. We can also provide more information about that if you aren't sure.From this form, we do a title search and prepare the edealing on Land Information New Zealand's land-registration system. We also prepare the paperwork that you need to sign. We email the paperwork to you, for you to print and get signed and witnessed. We invoice you when we send you that paperwork.Our fee for a transfer is usually $598 - this includes GST, the LINZ title searches, and the LINZ registration fee of $122. This is for a transfer involving one title and no more than 2 people. If more titles or people are involved, or if someone is overseas, or if the current owner's name on the title is not the same as on their photo ID, we charge extra.Once you complete the form, you should hear from us within a couple of business days and certainly within a week. If you do not, please contact Cheryl on 021701838 (text is best) or probate@kiwilaw.co.nz.

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Please use one form for both parties - the current owner, and the person who is being added as a new co-owner. That does require you both to have access to the same screen. If that's not possible, let me know. (I can give you two separate forms but the wording of those separate forms is aimed at transfers after someone has died and therefore doesn't fully fit the situation.)

Address of property to be transferred *

This means the street address, including the town or city. Also the postcode, if you know it.

Record of title number (if known)

This is the land-title reference. Leave blank if you do not know this.

Is there a dwelling on the property? *

There's a dwelling on the property
There is no dwelling on the property

This means a structure that is used as a dwelling OR that could be used as a dwelling. It's still a dwelling, even if it is not occupied.

What is this form about?

We need this form because you (current owner) have said you want to add someone else (new owner) to the title of a property which you currently own.

You need to be sure this is what you want to do.

Do not sign this if you are being pressured, or if you feel guilty, or if anyone is telling you that this must be done, or if you think it will help you avoid paying someone some money that you owe them.

The next question asks you to confirm what type of co-ownership you want to end up with. If you don't really know, please stop now and obtain specific legal advice before you go any further.

Intended co-ownership - what do you intend? *

Joint tenancy - no separate shares - passes to survivor - not part of owner's will
Tenancy in common - separate shares - no survivorship - part of owner's will
Don't know

Please get specific legal advice about the implications of each option, before you decide. Do not ask me for that advice - I provide the transfer service but I do not provide legal advice about the merits of the different options. Either type of co-ownership has advantages and disadvantages, depending on the circumstances.

Is this transfer a gift, a purchase, or something else? *

A gift - no money is changing hands
A purchase - the new owner is paying something for the share of the property
Something else

Is there a formal written agreement for this transfer? *

Yes - we have signed a formal written agreement
No - we have not signed a formal written agreement
No - we intend to, but we haven't done it yet
No - this form is enough of a written agreement

By what means do you want the local council to communicate with you both, about the property? *

Postal address - same for both owners
Postal address - current owner
Postal address - new owner
Email address - same for both owners
Email address - current owner
Email address - new owner

The Council wants one postal address and (optional) one email address. Not two. It also wants to know whether you prefer mail (post) or email. (I can provide the other details in a 'Solicitor's Note' on the form.)

Current owner - family name (surname) *

Current owner - given names *

Is there a mortgage on the property?

Yes
No
Yes but it has all been paid off

Is there a caveat on the property?

Yes
No
Yes but it has all been paid off

Current owner - postal address *

Current owner - email address *

Confirm Email

Current owner - phone number *

Are you (current owner) comfortable with your name and address (not phone or email) being on the publicly accessible rating database at the Council? Or do you want them withheld from public access? *

Name and address may be shown
I want my name and address to be withheld from the publicly-searchable council rating database

Are you (current owner) an undischarged bankrupt? *

Are you (current owner) the subject of any court order that puts someone else in charge of managing your affairs? (for instance, under the PPPR Act)?

Tax information, and family members (current owner)

The following questions are compulsory for all land transfers.

The information is sent from Land Information New Zealand to IRD, or is used to assess whether the transaction is subject to the Overseas Investment Act.

This transaction itself does not attract any tax liability but it may reset the ‘brightline test’ that determines whether tax is payable on any capital gain when you resell the property. (If you need more information about that, please obtain professional tax advice. Kiwilaw does not provide such advice.)

Have you (current owner) lived in the home for more than 50% of the time you have owned the land? *

Yes, I have lived in the home for more than 50% of the time I have owned the land
No, I have not lived in the home for more than 50% of the time I have owned the land
Don't know

In legal terms, this is asking whether this is a 'main home' transfer. (If you answer 'Don't know', that will be processed as 'No'.) If you have any questions about how this affects your tax liability (if any), please obtain professional tax advice before you continue with this transaction.

After this transfer is registered, do you intend to use this property as your main home (i.e. the dwelling you live in most of the time)? *

Yes,I intend to use this property as my (only) main home
No, I don't intend to use this property as my main home
Don't know

This information is needed for Inland Revenue. Unless an exception applies, you can declare only one property as your main home at any time.

Please show your own status (current owner). I am a...

'Immediate family' (current owner)

In the following questions, 'immediate family' is considered to be a person who is:

your spouse, civil union partner, or de facto partner
your parent, sister, or brother
your child, or a child’s spouse or partner, or
the parent, child, sister, or brother of your spouse, civil union partner, or de facto partner.

(Current owner) Is any member of your immediate family a New Zealand citizen? *

(Current owner) Is any member of your immediate family a New Zealand permanent resident? *

(Current owner) Does any member of your immediate family hold a New Zealand student visa? *

(Current owner) Does any member of your immediate family hold a New Zealand work visa? *

Current owner - your IRD number? *

(Current owner) Are you a tax resident of any other country (other than New Zealand)? *

Only provide details for where you pay tax, not historic tax residency. For instance, if you have a TIN (tax identification number) from working during your OE, but are no longer tax resident in that country, don't provide it. If you file a tax return overseas, you do need to provide the TIN for that jurisdiction, even if you live in New Zealand.

(Current owner) Please upload a copy of your passport or NZ driver licence - including the signature and expiry date

Click or drag files to this area to upload.You can upload up to 4 files.

(Current owner) Please upload a rates notice, power bill, phone bill, tenancy agreement, bank statement, or other document that shows your name AND is addressed to you at this property address

Click or drag files to this area to upload.You can upload up to 4 files.

Current owner - any questions or comments?

Current owner - please read this!

Please pause here.

You (the current owner) are about to add someone else as co-owner of a property that you currently own.

You will no longer have sole decision-making power.

If you change your mind in the future, you cannot easily remove this new co-owner from the title.

Kiwilaw is only preparing the transfer.

We can act for both of you (the current owner and the new owner) only as long as you (a) are upfront with each other and (b) do not ask us to hide anything from the other party.

We are not advising you on whether to go ahead.

If you have any doubts or questions, we urge you to get them resolved before you sign this form. Nothing is so urgent that it must be finished today.

Please confirm you (as current owner) want to proceed with this transfer *

I confirm that I want to go ahead with this land transaction.

Signature of current owner *

Clear Signature

By signing this, you confirm that the information you are providing is true and correct. It is a criminal offence if you knowingly provide false or incomplete information.

New co-owner

Now we ask for similar information about the new owner whom you are adding to the title

New owner - family name (surname) *

New owner - given names *

New owner - postal address *

New owner - email

Confirm Email

New owner - phone number

Are you acquiring this property with the genuine intention of using it as your main home (i.e. the dwelling you live in most of the time)? *

Yes, I intend to use this property as my (only) main home
No, I do not intend to use this property as my main home
Don't know

This information is needed for Inland Revenue. Unless an exception applies, you can declare only one property as your main home at any time.

Are you (new owner) comfortable with your name and address (not phone or email) being on the publicly accessible rating database at the Council? Or do you want them withheld from public access? *

Name and address may be shown
I want my name and address to be withheld from the publicly-searchable council rating database

Are you (new owner) over 18? *

Yes - over 18
No - under 18

Are you (new owner) an undischarged bankrupt? *

Are you (new owner) the subject of any court order that puts someone else in charge of managing your affairs? (for instance, under the PPPR Act)?

(New owner) Please show your own status. I am a...

New Zealand citizen
New Zealand permanent resident
Holder of NZ work visa
Holder of NZ student visa
Australian citizen only (not NZ citizen, permanent resident, etc)
Singaporean citizen only (not NZ citizen, permanent resident, etc)
None of the above

'Immediate family' (new owner)

In the following questions, 'immediate family' is considered to be a person who is:

your spouse, civil union partner, or de facto partner
your parent, sister, or brother
your child, or a child’s spouse or partner, or
the parent, child, sister, or brother of your spouse, civil union partner, or de facto partner.

(New owner) Is any member of your immediate family a New Zealand citizen? *

(New owner) Is any member of your immediate family a New Zealand permanent resident? *

(New owner) Does any member of your immediate family hold a New Zealand student visa? *

(New owner) Does any member of your immediate family hold a New Zealand work visa? *

New owner - your IRD number? *

(New owner) Are you a tax resident of any other country (other than New Zealand)? *

(New owner) Please upload a copy of your passport or NZ driver licence - including the signature and expiry date

Click or drag files to this area to upload.You can upload up to 4 files.

New co-owner - any questions or comments?

New co-owner - please review the entire form before you go ahead *

I have scrolled back to the beginning and have reviewed the full form
Too hard - I am signing this without scrolling back to review the full form

Please confirm you (as the new co-owner) want to proceed with this transfer *

I confirm that I want to go ahead with this land transaction.

Signature of new co-owner *

Clear Signature

By signing this, you confirm that the information you are providing is true and correct. It is a criminal offence if you knowingly provide false or incomplete information.

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