All Topics / Legal & Accounting / Avoiding CGT in NZ

Viewing 7 posts - 1 through 7 (of 7 total)
  • Profile photo of bedwardsbedwards
    Participant
    @bedwards
    Join Date: 2003
    Post Count: 5

    Hi all,

    Is it possible avoid CGT on the sale of a NZ inv property by setting up a trust in NZ? If the beneficaries are Aust residents, is CGT applicable due to the flow through nature of a trust?

    I guess if this is possible, it may be worth while for an investor already holding IP as an individual, to transfer ownership to the trustee – as there is no stamp duty payable.

    Bryce

    Profile photo of Michael RMichael R
    Member
    @michael-r
    Join Date: 2003
    Post Count: 302

    CGT is not payable in New Zealand.

    CGT is incurred in Australia when capital gains originate offshore.

    — Michael

    Profile photo of judijudi
    Member
    @judi
    Join Date: 2004
    Post Count: 119

    Michael

    I don’t quite understand. If an Australian sells an IP in NZ and makes a profit, do they pay CGT in Australia?

    Judi

    Profile photo of Michael RMichael R
    Member
    @michael-r
    Join Date: 2003
    Post Count: 302

    To clarify.. if the captial gain/profit is brought back to Australia then CGT can apply.

    A qualified tax accountant will provide information specific to the case in point.

    — Michael

    Profile photo of crjcrj
    Participant
    @crj
    Join Date: 2004
    Post Count: 618

    As a general rule Australia asserts jurisdiction to tax its residents on their foreign source income including CGT. Interposition of non-resident companies or trusts will raise a number of other complex issues which would need specific professional advice.

    Profile photo of westanwestan
    Member
    @westan
    Join Date: 2002
    Post Count: 1,950

    Hey what if in the year you sold all your NZ assets you moved there for a holiday and became a NZ tax payer, then you wouldn’t pay CGT ?? (not my stategy).
    and Bryce with a trust all the profit must be disributed at the end of each financial year so the tax would need to be paid by the benificiaries.

    regards westan

    I find +ve cashflow deals in New Zealand which I sell to other investors. To be on my database send an e-mail to [email protected]

    Profile photo of bedwardsbedwards
    Participant
    @bedwards
    Join Date: 2003
    Post Count: 5

    Thanks for your comments folks, that gives me a better understanding. Intersting concept with the NZ holiday Westan.

    Bryce

Viewing 7 posts - 1 through 7 (of 7 total)

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