All Topics / Legal & Accounting / domicile in NZ

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  • Profile photo of Hux001Hux001
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    @hux001
    Join Date: 2003
    Post Count: 108

    A question for any legal eagles!

    What are the issues to move the domicile of an Australian trust to New Zealand?

    Profile photo of masteraccountantsmasteraccountants
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    @masteraccountants
    Join Date: 2004
    Post Count: 77

    Hi,

    It is difficult to provide a comprehensive answer to an open-ended question such as yours and with very little in the way of a scenario.

    I can tell you one issue is the tax issue. Once the trust changes from a NZ tax prespective from a foreign trust to a qualifying trust, IRD will want to charge the trust tax at 45% on the accumulated funds after 1/4/88.

    So you would not want to do this lightly or on a whim.

    Christopher Raynal
    Master Accountants Group Limited
    PO Box 46018 Herne Bay
    Auckland New Zealand
    Ph +64 9 360 3259
    Fax +64 9 360 2180
    http://www.masteraccountants.co.nz

    Profile photo of Hux001Hux001
    Member
    @hux001
    Join Date: 2003
    Post Count: 108

    Hi Chris,

    The trust is only a few months old and holds 3 properties, so I’m assuming there won’t be much of a tax problem. Becuase it’s currently an Australian Trust it is hard to borrow in NZ against the properties.

    Profile photo of masteraccountantsmasteraccountants
    Member
    @masteraccountants
    Join Date: 2004
    Post Count: 77

    Hi,

    There are differences between NZ Trust Law and just about every other jurisdiction, so why not set up an NZ Trust to handle proposed property investments in NZ? It quarantines the properties on both sides of the Tasman, and you won’t pay CGT on your NZ properties.

    Christopher Raynal
    Master Accountants Group Limited
    PO Box 46018 Herne Bay
    Auckland New Zealand
    Ph +64 9 360 3259
    Fax +64 9 360 2180
    http://www.masteraccountants.co.nz

    Profile photo of Hux001Hux001
    Member
    @hux001
    Join Date: 2003
    Post Count: 108

    Thanks Christopher, I’ll be emailing your firm shortly to do just that !

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