Income Tax Act 2007

Recharacterisation of certain transactions - Imputation groups of companies

FN 6: Nominated companies

You could also call this:

“Rules for the company that represents an imputation group”

You should know about nominated companies in an imputation group. A nominated company is part of the group and acts as its agent. This means it represents the group and all the companies in it.

If the imputation group involves both New Zealand and Australia (called a trans-Tasman group), the nominated company can’t be an Australian company. It must be the nominated company for the New Zealand part of the group.

The nominated company can tell the Commissioner of Inland Revenue that it wants to stop being the agent. It can also say which company will take over as the new nominated company. This change happens 30 days after the Commissioner gets the notice.

If the nominated company closes down (is liquidated), the other companies in the group can choose a new one. The new company becomes the nominated company right away, but it needs to tell the Commissioner within 30 days. Sometimes, the Commissioner might let them tell a bit later.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1516756.

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“Rules for imputation groups that have fewer companies than before”


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FN 7: Forming imputation groups, or

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Part F Recharacterisation of certain transactions
Imputation groups of companies

FN 6Nominated companies

  1. The nominated company of an imputation group at any time must be part of the imputation group at the time.

  2. For a trans-Tasman imputation group, the nominated company—

  3. must not be an Australian imputation credit account (ICA) company:
    1. is the nominated company for the resident imputation subgroup associated with the trans-Tasman imputation group.
      1. For the purposes of the imputation rules, a nominated company is, at a time, the agent of the imputation group and of each company that is part of the imputation group at the time.

      2. A nominated company may notify the Commissioner that it is, at a particular date, no longer to continue as the agent for the imputation group, and that another company is to become the nominated company.

      3. A notice under subsection (4) has effect 30 days after the date on which the Commissioner receives it.

      4. If a nominated company of an imputation group is liquidated, the other companies in the imputation group may choose a replacement. The replacement company—

      5. becomes the nominated company from the date of the liquidation, on complying with paragraph (b); and
        1. must notify the Commissioner of its selection as nominated company within 30 days after the date of the liquidation, or by a later date if the Commissioner agrees.
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