Five years in, two years out - Brightline Test extension now applies
Written by Lana McCarroll - Legal Executive (Property)
Further to our article in February 2018 , the Taxation (Annual Rates for 2017-18, Employment and Investment Income, and Remedial Matters) Act received royal assent on 29 March 2018. The Act extends the bright-line test from 2 to 5 years.
Who does this legislation apply to?
This legislation applies to ALL vendors who sell their residential property within 5 years (irrelevant of the intention at the time of purchase). For sale and purchase agreements signed after 29 March 2018, this will mean that if a vendor sells within 5 years of owning a residential property, and the property is not their main home, then they will be taxed on any gain made on the sale.