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Why National's foreign buyers tax has international law risks

By Joseph Russell

National's proposal for a tax on foreign buyers of residential property raises significant risks under international tax treaties, writes Professor Craig Elliffe, the director of the University of Auckland's Masters of Taxation programme.

Are there any problems in imposing a foreign buyer taxation obligation on non-New Zealand citizens?

This is a brief note to explain some of the issues relating to the imposition of a transaction tax on the purchase of New Zealand real property by foreign buyers when those foreign buyers are nationals of a double tax treaty with New Zealand that contains a non-discrimination clause.