Income Tax Act 2007

Tax credits and other credits - Tax credits for Maori authority credits

LO 2: Beneficiaries of trusts

You could also call this:

“How tax credits work for trust beneficiaries receiving Maori authority distributions”

If you receive a tax credit under section LO 1 and you’re also a beneficiary of a trust, this law applies to you when you get a taxable Maori authority distribution from that trust.

Your credit has a limit. To work out this limit, you need to use a special maths formula. The formula looks at how much of the trust’s distributions you get compared to all the beneficiaries. It also considers the total Maori authority credits and supplementary dividends given to all beneficiaries, and any supplementary dividends you personally received.

The formula uses these terms:

Your distributions: This is all the money the trust gave you in the tax year as a beneficiary.

Trust distributions: This is all the money the trust gave to all its beneficiaries in the tax year, including any extra dividends.

Total beneficiary credits: This is all the Maori authority credits and extra dividends the trust gave to all its beneficiaries in the tax year.

Your supplementary dividend: This is any extra dividends the trust gave you in the tax year as a beneficiary.

Using these numbers in the formula will tell you the maximum credit you can get.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1518263.

Topics:
Money and consumer rights > Taxes
Māori affairs > Treaty of Waitangi

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LO 1: Tax credits for Maori authority credits, or

“Tax credits for distributions from Māori authorities”


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LO 2B: Credit of RSCT for Maori authority credit, or

“Tax credit for retirement scheme contributors using Māori authority credits”

Part L Tax credits and other credits
Tax credits for Maori authority credits

LO 2Beneficiaries of trusts

  1. This section applies when a person who has a tax credit under section LO 1 is a beneficiary of a trust and, in that capacity, derives a taxable Maori authority distribution.

  2. The person’s credit is limited to an amount calculated using the formula—

    (person's distributions ÷ trust distributions)× (total beneficiary credits − person's supplementary dividend).

    Where:

    • In the formula,—

    • person’s distributions is the total distributions for the tax year made to the person in their capacity as beneficiary of the trust:
      1. trust distributions is the total distributions for the tax year made to all beneficiaries of the trust in their capacity as beneficiaries, and includes all supplementary dividends paid to them:
        1. total beneficiary credits is the total Maori authority credits attached to taxable Maori authority distributions and total supplementary dividends for the tax year made to all beneficiaries of the trust in their capacity as beneficiaries:
          1. person’s supplementary dividend is the total supplementary dividends for the tax year paid to the person in their capacity as beneficiary of the trust.
            Compare
            Notes
            • Section LO 2(3)(a): amended (with effect on 1 April 2008), on , by section 160(1) (and see section 160(2) for application) of the Taxation (KiwiSaver, Student Loans, and Remedial Matters) Act 2020 (2020 No 5).