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Income Tax Act 2007

Taxation of certain entities - Trusts

HC 13: Charitable trusts

You could also call this:

"What makes a trust a charitable trust?"

Illustration for Income Tax Act 2007

You have a trust and you want to know if it is a charitable trust. It is a charitable trust if all the income is held for charitable purposes. The income the trustee gets in that year must also be exempt under section CW 41(1) or CW 42(1).

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1517283.

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Part HTaxation of certain entities
Trusts

HC 13Charitable trusts

  1. In the trust rules, a trust is a charitable trust in an income year if—

  2. all income derived or accumulated by the trustee in that or in any earlier income year is held for charitable purposes; and
    1. any income derived by the trustee in the income year is exempt income under either section CW 41(1) (Charities: non-business income) or CW 42(1) (Charities: business income).

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