Plain language law

New Zealand law explained for everyone

Income Tax Act 2007

Income - Income from equity

CD 35: Resident’s restricted amalgamations

You could also call this:

“Rules for tax-free property transfers when companies merge”

When a company joins with another company in a special way called a resident’s restricted amalgamation, some money or property might change hands. If you’re part of the new, joined-up company, you don’t have to treat the money or property you get from the old company as a dividend. This applies in two situations:

  1. When your new company gets property that used to belong to the old company.
  2. When your new company no longer has to pay back a debt it owed to the old company.

Remember, this only happens when the old company stops existing after it joins with your company.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1512654.

Topics:
Money and consumer rights > Taxes
Business > Industry rules
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Part C Income
Income from equity

CD 35Resident’s restricted amalgamations

  1. An amount derived by an amalgamated company on a resident’s restricted amalgamation from an amalgamating company that ends its existence on the amalgamation is not a dividend if it arises from—

  2. the amalgamated company acquiring property of the amalgamating company; or
    1. the amalgamated company being relieved of an obligation owed to the amalgamating company.

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