Labour's Capital Gains Tax vs the Bright-Line Test

Update, 8 November 2026: this proposal is unlikely to become law. On the Electoral Commission’s preliminary count of the 7 November 2026 election, National, ACT and New Zealand First have 67 of 131 projected seats, more than the 66 needed for a majority. Labour, the Greens and Te Pāti Māori have 57, or 64 with Opportunity. Labour is not on track to lead the next government, and National, ACT and New Zealand First have opposed new capital or wealth taxes. The count is preliminary: official results are due on 27 November 2026, special votes can move list seats, and no coalition agreement had been published by 8 November. What follows describes the policy Labour took to the election, not current or pending law; New Zealand still has no general capital gains tax. Everything below about the CGT column describes what Labour proposed; the bright-line column describes the rules that apply today. For the general shape of Labour’s proposal, start with Labour’s capital gains tax explained.

New Zealand doesn’t have a general capital gains tax today. The closest thing property owners deal with is the bright-line test — a time-limited rule, not a broad CGT. Here’s how the two compare.

Side by side

Why the comparison matters

Under today’s rules, a property investor who holds beyond 2 years generally has no bright-line exposure at all (setting aside the intention/dealer rules covered below). Labour’s proposed CGT removes that time limit entirely — a property held for 10, 20 or 30 years would still be taxed on the gain made since the 1 July 2027 valuation date when it’s eventually sold. That’s arguably the single biggest structural change for long-term holders. See what the valuation day actually means for how that baseline would be set.

The “replaces bright-line” question

You’ll see media coverage — RNZ and others, reporting on Labour’s policy documents — stating that the current bright-line test would be replaced by the CGT, with the bright-line’s main-home exemption test carried over to the CGT. Labour’s own CGT policy PDF and website do not make this claim explicitly, and don’t describe the mechanical interaction between the two rules. Until Labour publishes primary-source detail confirming this, it’s best treated as reported policy intent rather than a settled fact.

Rate mechanics differ, not just the number

Bright-line gains are added to your income and taxed at whatever your marginal rate happens to be that year — so a higher earner pays more on the same dollar of gain than someone on a lower income. Labour’s CGT would apply a flat 28% regardless of your income, which is a different mechanism, not just a different number. For a rental or commercial property specifically, see what property investors should know for the full deduction and loss rules under Labour’s proposal.

Exemptions that already exist today

The bright-line test already carves out the main home (where it’s been used predominantly as such) and property held by an estate’s executor, plus rollover relief for certain transfers between associated persons. Farmland and land used predominantly as business premises are outside it altogether, because the Act’s definition of residential land leaves them out (a dwelling run as short-stay accommodation that is nobody’s main home is brought back in). Labour’s exempt list is broader in one sense — it adds KiwiSaver, shares, and personal items, which were never subject to bright-line in the first place because bright-line only ever applied to residential property.

Outside the bright-line window, other rules can still apply

Even today, without a general CGT, IRD’s intention/dealer rules can make a property sale taxable outside the 2-year bright-line window — if the seller acquired the property intending to resell it, or has a pattern of buying, building or selling property as a business. These rules are separate from bright-line and would presumably continue to exist alongside any new CGT, though Labour’s policy document doesn’t address how they’d interact.

Compare your own numbers

Use the Labour capital gains tax calculator to see, for a specific property and sale scenario, what you’d owe under today’s bright-line rules next to what Labour’s proposed 28% CGT would produce.