Do Your ASX Shares Avoid NZ FIF Tax?
Australian-resident ASX-listed companies are exempt from the New Zealand Foreign Investment Fund regime under section EX 31 ITA, but only if all four conditions hold (ASX-listed, Australian tax-resident, maintains a franking account, and is not stapled stock). Run the checker below before excluding a holding from your FIF calculation.
1.Is the share on the official list of ASX Limited?
Must be the ASX official list (not Cboe Australia, NSX, or other Australian exchanges). ETFs and managed funds listed on ASX are listed but fail later tests.
2.Is the company Australian tax-resident, and not treated as resident in another country under a tax treaty?
Most genuine Australian companies (CBA, BHP, CSL, Wesfarmers) qualify. ASX-listed but Irish- or US-resident dual-listed companies — e.g. James Hardie Industries plc (JHX), Irish-resident since 2010 — do NOT qualify under EX 31 test 2.
3.Does the company maintain a franking account (or is required to)?
Every Australian company has a franking account (ITAA 1997 s 205-10), whether or not it has paid a franked dividend, so an ordinary listed company, including a mining junior or pre-revenue listing, passes this test. A listed trust or fund fails it unless it is a public trading trust.
4.Is the security NOT stapled stock?
Stapled securities — multiple legal entities trading as a single unit on the ASX — are explicitly excluded by EX 31 test 4. This rules out Transurban Group (TCL), Scentre Group (SCG), Goodman Group (GMG), and similar A-REIT-plus-corporate stapled structures, even though they are otherwise Australian-resident with franking accounts. Answer 'Yes' if it's a single ordinary share, 'No' if stapled.
The 4 exemption tests, in detail
Test 1 — Listed on the official list of ASX Limited. The share must be on the ASX official list. Other Australian exchanges (Cboe Australia, NSX) do not qualify.
Test 2 — Australian tax residency. The company must be Australian tax-resident and not treated as resident in another country under a double-tax agreement. Some ASX-listed companies are incorporated overseas (e.g., James Hardie Industries plc relocated to Ireland in 2010) and are treated as Irish or other foreign tax residents under the relevant DTA — those holdings remain full FIF interests even though they trade on the ASX.
Test 3 — Franking account. The company must be required to maintain a franking account. Under ITAA 1997 s 205-10 every Australian company has one, whether or not it has paid a franked dividend, so ordinary listed companies, including pre-revenue mining juniors, meet this test. A listed trust or fund meets it only if it is a public trading trust.
Test 4 — Not stapled stock. Stapled securities — where two or more separate securities are quoted as one unit on the ASX — are explicitly excluded. This rules out Transurban Group (TCL), Scentre Group (SCG), Goodman Group (GMG), and similar A-REIT-plus-corporate stapled structures even though they are otherwise Australian-resident with franking accounts. The IRD applies this exclusion strictly per the EX 31 fourth criterion.
What the exemption changes for you
| Treatment | Exempt ASX share | Non-exempt FIF interest |
|---|---|---|
| Counts toward $50k de minimis | No | Yes (cost basis) |
| Annual deemed income | None — only actual dividends | FDR 5% of opening or CV (whichever lower) |
| Capital gains taxed? | Only if you trade on revenue account | Embedded in CV calculation |
| Franking credits usable in NZ? | No (Australian-resident benefit) | No |
| AU withholding tax credit | Yes — claim under DTA | N/A under FDR; relevant if dividends material under CV |
| IR3 reporting | Overseas dividend income box only | FIF schedule (IR4F if complex) |
FIF treatment lookup — common tickers
Quick reference for 21 ASX-exempt stocks and 29 foreign / stapled / ETF holdings that ARE FIF interests. Use the checker above to test any ticker, or the FIF tax calculator to work out the FDR/CV amount.
✓ ASX-exempt (does NOT count toward $50k FIF de minimis)
- CBA
- BHP
- CSL
- NAB
- WBC
- ANZ
- MQG
- WES
- WOW
- COL
- TLS
- RIO
- FMG
- WDS
- S32
- SUN
- QBE
- IAG
- ALL
- ASX
- ORG
⚠ Foreign FIF (counts toward $50k; FDR/CV applies above threshold)
- TCL
- SCG
- GMG
- JHX
- TSLA
- AAPL
- NVDA
- MSFT
- GOOGL
- AMZN
- META
- BRK-B
- JPM
- V
- WMT
- KO
- MCD
- JNJ
- DIS
- NFLX
- VOO
- VTI
- QQQ
- SPY
- VAS
- IVV.AX
- NDQ
- VTS
- VGS
Includes ASX-listed ETFs (VAS, IVV.AX, NDQ, VTS, VGS) — they're FIF, not exempt, because the EX 31 exemption is tested on the listed vehicle itself (it has to be an Australian-resident company that keeps a franking account, s EX 31(2)), not on what the vehicle holds.
Common edge cases
- Dual-listed companies (ASX + LSE/NYSE): Tax residency is what matters, not where shares trade. Rio Tinto plc (UK-resident) is FIF; Rio Tinto Limited (AU-resident) is exempt.
- ASX-listed ETFs (VAS, A200, IVV, NDQ, etc.): Almost always FIF interests, not exempt Australian shares. The fund vehicle is what's listed, and the listed vehicle's own status decides it, not its underlying holdings.
- Stapled securities (Transurban TCL, Scentre SCG, Goodman GMG): EX 31 test 4 explicitly excludes stapled stock from the exemption — even when the operating company leg is Australian-resident with a franking account. These are full FIF interests.
- ASX-listed but Irish/foreign-resident (James Hardie JHX): JHX is incorporated in Ireland and is Irish tax-resident under the AU-IE DTA. It fails EX 31 test 2 and is a FIF interest, not an exempt Australian share.
- New ASX listings: Can qualify in their first year if the company was on the ASX official list on the day you first bought (s EX 31(2)(c)(ii)).
- Holding via a managed fund or wrap platform: If you hold ASX shares directly through Sharesies/Hatch/Tiger, the exemption flows to you. If you hold via an Australian PIE or Australian managed fund, the fund itself is the FIF interest.
Frequently asked questions
Do all ASX-listed shares avoid NZ FIF tax?
No. Four conditions must all hold (per IR461 April 2026): listed on the official list of ASX Limited, Australian tax-resident (not treated as resident in another country under a DTA), maintains a franking account, and is NOT stapled stock. ASX-listed companies that are US/UK/Irish tax-resident, foreign-domiciled ETFs, and stapled securities (TCL, SCG, GMG) do NOT qualify and are full FIF interests.
Are CBA, BHP, CSL, and Wesfarmers exempt?
Major ASX 200 names that are Australian-resident and frank dividends — CBA, BHP, CSL, Wesfarmers, Woolworths, NAB, ANZ, Westpac, Telstra, Macquarie, Rio Tinto, Coles — have historically met the s EX 31 tests. Check each holding against those tests for the year (on the ASX official list, Australian-resident and not treated as resident elsewhere under a tax treaty, required to keep a franking account, and not a schedule 25 part B entity) before excluding it from your FIF calculation: a company's status can change.
What about ASX-listed ETFs like VAS, A200, IVV, or NDQ?
ASX-listed ETFs are usually FIF interests, not exempt Australian shares. Index ETFs (Vanguard, iShares, BetaShares) hold underlying foreign assets, and the ETF unit itself is treated as a FIF interest under NZ rules. The Australian-share exemption applies to a share in an Australian-resident company that meets every test in s EX 31, including keeping a franking account. It looks at the listed vehicle itself, not at what the vehicle holds. An ETF set up as a unit trust is generally not a company, corporate limited partnership or public trading trust for Australian tax, so it has no franking account to keep and does not pass the franking test in s EX 31(2)(e); a listed investment company is a company and is tested like any other share. Use the FIF Tax Calculator for ETF holdings.
Do I still need the $50,000 de minimis if my ASX shares are exempt?
The de minimis threshold of NZ$50,000 (cost basis) only counts FIF interests. Exempt ASX shares are not FIF interests, so they do NOT count toward the threshold. Example: $80,000 cost in exempt CBA + BHP + $30,000 cost in US-listed VOO = total FIF cost basis is just $30,000, under the de minimis. You only pay tax on dividends actually received.
How do I report exempt Australian dividends on IR3?
Australian dividends from FIF-exempt shares are reported as overseas dividend income (Box 17 / equivalent overseas income box on IR3), gross of Australian withholding tax. Australian franking credits are NOT creditable in NZ because the franking system is an Australian-resident shareholder benefit — but Australian withholding tax (typically 15% on unfranked portions for NZ residents under the AU/NZ DTA) IS creditable as a foreign tax credit against your NZ tax liability.
What if I'm not sure whether a share meets the exemption tests?
Default to treating the holding as a FIF interest (counts toward $50k de minimis, FDR or CV applies if total cost basis exceeds the threshold). IRD's FIF exemptions guidance and its checking tool reflect the s EX 31 tests; if a ticker isn't in it, check the tests yourself (ASX official list, Australian-resident and not treaty-resident elsewhere, required to keep a franking account, not stapled to rights in another company) or treat it as a FIF if unsure.
Sources
Related Calculators
FIF Tax Calculator
Calculate FDR vs CV across all your non-exempt FIF holdings.
FDR vs CV Comparison
Decide which FIF method to elect each year.
Dividend Tax Calculator
Tax on NZ and overseas dividends including AU withholding tax.
PIE vs Direct Investment
Compare PIE funds (capped 28%) to direct investment at marginal rate.
The Australian share exemption turns on the s EX 31 tests, not on a published list — check each ticker against those tests for the current year before excluding it from your FIF return. This page is general guidance, not tax advice.