Income Tax Act 2007

Taxation of certain entities - Trusts

HC 12: Non-complying trusts

You could also call this:

“Definition and classification of trusts that don't meet specific legal requirements”

If you’re not sure what type of trust you’re dealing with, this law helps you figure it out. It says that a trust is called a ‘non-complying trust’ if it’s not a complying trust and it’s not a foreign trust. This is important when the trust gives out money or property, which is called a distribution.

You can think of it like this: if the trust doesn’t follow all the rules to be a complying trust, and it’s not from another country (which would make it a foreign trust), then it falls into this special category called a non-complying trust.

Remember, trusts are ways to hold and manage money or property for people. This law helps sort out which rules apply to different kinds of trusts.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1517280.

Topics:
Money and consumer rights > Taxes

Previous

HC 11: Foreign trusts, or

“Rules for trusts set up by people living outside New Zealand”


Next

HC 13: Charitable trusts, or

“Rules for charitable trusts have been removed from this law”

Part H Taxation of certain entities
Trusts

HC 12Non-complying trusts

  1. A trust is a non-complying trust in relation to a distribution if it is neither a complying trust nor a foreign trust.

Compare
  • 2004 No 35 s OB 1 non-qualifying trust