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Inland Revenue

Tax Policy

PUBLISHED 11 October 2010

Qualifying company reforms announced

Reforms to the tax treatment of qualifying companies and other closely held companies were announced today by Revenue Minister Peter Dunne.

Draft legislation to implement these changes, on which feedback is invited, will be released later this week.

Copies of the draft legislation will be sent to those who made submissions on the officials’ issue paper “Qualifying companies: implementation of flow-through tax treatment” or copies can be requested by email to [email protected] with “Qualifying company reforms” in the subject line.

For more information see the media statement.

Feedback is requested by 31 October 2010 by email to [email protected].

Hon Peter Dunne
Minister of Revenue

Media statement

Qualifying company reforms announced

Minister of Revenue, Peter Dunne said today that the Government would introduce new rules preventing loss attributing qualifying companies (LAQCs) from passing losses on to their shareholders.

The move follows public consultation on proposals for reforms to the tax rules announced in Budget 2010 for qualifying companies and LAQCs.

The new rules will also provide a flow-through income tax treatment for closely held companies who choose to use them. Business income and losses will be able to be passed to shareholders who will pay any tax due, but the rules will allow a business to still have the benefits of a company, such as limited liability.

“In response to feedback from small businesses, the Government has also decided to review the tax rules for dividends, with a view to simplifying them for closely held companies” said Mr Dunne.

Until this review is undertaken, existing qualifying companies and LAQCs can continue to use the current qualifying company rules, but without the ability to attribute losses.

Draft legislation for these changes will be available from Inland Revenue later this week, for feedback.

Mr Dunne said that the draft legislation will allow existing qualifying companies and LAQCs to transition into the new flow-through rules, or change to another business vehicle such as a limited partnership, without a tax cost.

The legislation for the new rules is expected to be enacted before the end of this year and will come into effect from 1 April 2011.


Hayden Cox. Ministerial Advisor to Hon Peter Dunne
Minister of Revenue | Associate Minister of Health | MP for Ohariu | UnitedFuture Leader
Tel: DDI 04 8176991 | Mobile: 021 917339