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Income Tax Act 2007

Recharacterisation of certain transactions - Interest apportionment on thin capitalisation - Worldwide group

FE 31D: Worldwide group for entity controlled by non-resident owning body or trustee

You could also call this:

“How to determine your worldwide group if you're controlled by non-residents or a trustee”

If you’re part of an excess debt entity, your worldwide group can be made up of just you and your New Zealand group in two specific situations. The first is when you wouldn’t normally be considered part of a worldwide group, but are included because of special rules about non-resident owning bodies. The second is when the person in charge of your New Zealand parent (called a trustee) is identified in a specific way by the law. This rule helps figure out who’s in your worldwide group when your situation is a bit different from usual.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6441801.

Topics:
Money and consumer rights > Taxes
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FE 31C: CFCs in worldwide group for natural persons or trustees described in section FE 2(1)(g), or

“Rules for including overseas companies in worldwide groups for certain individuals and trustees”

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FE 32: Joint venture parties, or

“Rules for companies partly owned by worldwide group members”

Part F Recharacterisation of certain transactions
Interest apportionment on thin capitalisation: Worldwide group

FE 31DWorldwide group for entity controlled by non-resident owning body or trustee

  1. A worldwide group for an excess debt entity is made up of the entity itself and the entity’s New Zealand group if—

  2. the entity would not meet the requirements of section FE 2 in the absence of section FE 2(1)(cb):
    1. the entity’s New Zealand parent is identified to be the trustee of the entity by section FE 26(4D).

      Notes
      • Section FE 31D: replaced (with effect on 1 April 2015 and applying for the 2015–16 and later income years), on , by section 176(1) of the Taxation (Annual Rates for 2015–16, Research and Development, and Remedial Matters) Act 2016 (2016 No 1).