Plain language law

New Zealand law explained for everyone

Income Tax Act 2007

Recharacterisation of certain transactions - Transfers of relationship property

FB 10B: Look-through companies

You could also call this:

“Rules for transferring ownership of look-through companies during relationship property settlements”

When you transfer a look-through interest in a look-through company as part of a settlement of relationship property, this section applies. It works with sections HB 4 to HB 10, which are about transferring interests.

If you receive a look-through interest this way, you are treated as if you got it on the same day the person giving it to you first got it. You are also treated as if you have owned it the whole time up until the day it was transferred to you.

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 It might be out of date or be missing some parts.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=DLM3683710.

Topics:
Money and consumer rights > Taxes
Family and relationships > Marriage and partnerships
Previous

FB 10: Continuity provisions: shares and options, or

“Rules for transferring company shares during relationship property settlements”

Next

FB 11: Pension payments to former employees, or

“Former employee pensions: how they're treated when shared after a relationship split”

Part F Recharacterisation of certain transactions
Transfers of relationship property

FB 10BLook-through companies

  1. This section applies for the purposes of sections HB 4 to HB 10 (which relate to transfers of interests) when a look-through interest for a look-through company is transferred on a settlement of relationship property.

  2. The transferee is treated as having acquired the look-through interest on the date it was acquired by the transferor, and to have held it at all times up to the date of transfer.

Notes
  • Section FB 10B: inserted, on (applying for income years beginning on or after 1 April 2011), by section 62(1) of the Taxation (GST and Remedial Matters) Act 2010 (2010 No 130).