By Bruce Bernacchi and Helen Corner
|
Wednesday 1st October 2003 |
Text too small? |
LAQCs have two key tax advantages:
An LAQC is a creation of tax law. For all other purposes, an LAQC is just an ordinary company and has to meet normal requirements, such as filing annual returns with the Companies Office.
LAQCs have some disadvantages:
Any other rules?
An LAQC must:
The directors and a majority of the shareholders must notify the IRD that the company is to become both a “qualifying company” and an LAQC. Shareholders must agree to be personally liable for the income tax of the LAQC.
Is an LAQC a tax dodge?
Using an LAQC to invest in residential property that is rented to tenants is not tax avoidance or evasion. However, using an LAQC to own your family home, which it then rents back to you, risks being viewed by the IRD as tax avoidance. If the IRD successfully attacked this arrangement it’s likely that any tax benefits you had claimed through using the LAQC structure would be reversed. The IRD could also impose penalties and interest charges. In the right circumstances, LAQCs are appealing to those looking to maximise the commercial and tax advantages available to investors in residential rental properties.
Bruce Bernacchi and Helen Corner, Minter Ellison Rudd Watts
No comments yet
BRM - Barramundi Limited Investment Mandate
Devon Funds Morning Note - 30 October 2026
VGL - Vista Group appoints Rob Hamilton as Independent Director
PCT - announces Downtown decision, capital return & buyback
FSF - Fonterra lifts forecast 2026/27 Farmgate Milk Price
October 30th Morning Report
BPG - Blackpearl signs US data partnership agreement
POT Annual Meeting 2026: Chair and Chief Executive's Speech
MEE - First half FY27 outlook / Series 1 Warrant exercise update
ERD - HY27 Results Announcement Date