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MpB90(Newbie)Newbie
4 May 2026

I hold NZ and AUS citizenship and have resided in Perth WA for the past 29 years. My late mother held NZ and AUS citizenship also and resided in Perth as a pensioner prior to her passing in April 2023.

My late mother was the owner of a NZ property that is a family homestead aswell. She did not have a will. To apply for letters of administration intestacy in NZ as the administrator and one of [Removed by moderator] beneficiaries ( consent given by all), what tax implications will occur from this here in AUS?


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2 replies
33 views
2 replies

Most helpful response

Most helpful reply

KaraATO(Community Support)Community Support
6 May 2026

Hi @MpB90,


Australia doesn’t have inheritance or estate taxes.


This means as an Australian resident and beneficiary you:

  • won't have Australian tax consequences just from receiving your late mother’s New Zealand property, or
  • from acting as the administrator to obtain letters of administration in New Zealand. 

However, Capital Gains Tax (CGT) may come into play later, if the property is sold or transferred.


Even though the property is in New Zealand, as an Australian tax resident here's some things to think about:

  • You need to consider both Australian and New Zealand tax rules at the time of selling the property.
  • CGT doesn’t apply when you inherit the property, but it may apply when you dispose of it.
  • How CGT is worked out can depend on factors like how the property was used and your mother’s circumstances before your mother's passing.

The New Zealand grant of letters of administration doesn’t apply for Australian tax or estate matters. If there's Australian assets or tax obligations to deal with, you’ll need an Australian grant of probate or letters of administration or have the New Zealand grant resealed in Australia.


Because this involves a property overseas, you may want to speak with a registered tax agent who has experience with cross‑border estates.


Here's some ATO web content that can also help guide you:

All replies

Most helpful reply

KaraATO(Community Support)Community Support
6 May 2026

Hi @MpB90,


Australia doesn’t have inheritance or estate taxes.


This means as an Australian resident and beneficiary you:

  • won't have Australian tax consequences just from receiving your late mother’s New Zealand property, or
  • from acting as the administrator to obtain letters of administration in New Zealand. 

However, Capital Gains Tax (CGT) may come into play later, if the property is sold or transferred.


Even though the property is in New Zealand, as an Australian tax resident here's some things to think about:

  • You need to consider both Australian and New Zealand tax rules at the time of selling the property.
  • CGT doesn’t apply when you inherit the property, but it may apply when you dispose of it.
  • How CGT is worked out can depend on factors like how the property was used and your mother’s circumstances before your mother's passing.

The New Zealand grant of letters of administration doesn’t apply for Australian tax or estate matters. If there's Australian assets or tax obligations to deal with, you’ll need an Australian grant of probate or letters of administration or have the New Zealand grant resealed in Australia.


Because this involves a property overseas, you may want to speak with a registered tax agent who has experience with cross‑border estates.


Here's some ATO web content that can also help guide you:

MpB90(Newbie)Newbie
6 May 2026

Hi KaraATO,


Thank you for your reply and advice. It is appreciated.


The property will remain within our family so not only ourselves however our future generations will have a place to go back to and know this is where they are from also. This was one of our late mother's wishes which we will all continue to honour.


In saying that, I will contact a registered tax agent in NZ for further advice.


Once again, thank you


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NZ Inheritance property, tax as beneficiary and administrator residing in Australia | ATO Community