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Govt introduces bill to hit minors

The Government has, as signalled in this year's budget, introduced a bill to Parliament designed to stop tax avoidance through trusts.

Tuesday, October 17th 2000, 9:48AM

by Philip Macalister

The Government yesterday introduced legislation into Parliament designed to stop people avoiding tax by putting assets into a trust in a child's name.

If the bill is pased tax certain distributions of trust beneficiary income to children under 16 will be taxed at the trustee rate of 33%, rather than the minor's marginal tax rate, which can be as low as 19.5%.

Revenue minister Michael Cullen says the measure is intended to introduce greater equity into paying tax.

"Most ordinary New Zealanders cannot get around paying lower taxes by.... putting income-earning assets into a trust that distributes the income to their young children. Instead they pay their full tax bill."

"The minor beneficiary legislation will reduce the tax advantage gained by using a trust. It will apply only if the beneficiary income is derived from property settled on a trust by a minor's relative or guardian, or someone associated with the relative or guardian."

"It is estimated that in 1998 about 3,500 children under six shared $27 million in beneficiary income from various business activities. Again, it is unfair that this income should be taxed at a lower rate than their parents' rate."

"The legislation spells out a number of exceptions to ensure that taxing beneficiary income of minors at 33% is not unjust. For example, it will not apply to income from property for which the settlor was ordered by a court to pay damages or compensation to the child," Dr Cullen says.

« Court outlines rules for contesting a willTaxing beneficiary income of minors at 33% rate »

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ANZ 6.04 ▲5.59 ▲6.09 ▲6.19
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BNZ - Rapid Repay 6.19 - - -
BNZ - Std 6.09 ▲4.99 ▲5.45 ▲5.45
BNZ - TotalMoney 6.19 - - -
CFML 321 Loans 4.20 - - -
CFML Home Loans 6.30 - - -
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CFML Standard Loans 7.20 - - -
China Construction Bank 6.44 4.85 4.95 4.95
China Construction Bank Special 6.44 5.85 5.95 5.95
Co-operative Bank - First Home Special - 4.74 5.29 5.59
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Co-operative Bank - Owner Occ 5.34 4.84 5.39 5.69
Co-operative Bank - Standard 5.34 5.34 5.89 6.19
Credit Union Auckland 7.70 - - -
First Credit Union Special - 5.09 5.49 -
First Credit Union Standard 6.49 5.69 6.09 -
Heartland Bank - Online 5.80 5.89 - -
Heartland Bank - Reverse Mortgage 7.99 - - -
Heretaunga Building Society 6.50 5.50 5.65 -
ICBC 5.39 4.49 4.99 5.25
Kainga Ora 5.79 4.59 4.95 5.19
Kainga Ora - First Home Buyer Special - - - -
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Kiwibank 6.00 ▲5.85 ▲6.29 ▲6.29
Kiwibank - Offset 6.00 - - -
Kiwibank Special ▲6.00 ▲4.95 ▲5.39 ▲5.49
Liberty 6.65 6.55 6.22 6.20
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SBS Bank 5.84 5.39 5.89 5.89
SBS Bank Special - 4.69 5.29 5.29
SBS Construction lending for FHB 3.74 - - -
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TSB Bank 6.59 5.49 6.05 6.29
TSB Special 5.79 4.69 5.25 5.49
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Westpac Special - 4.99 5.45 5.35
Median 6.15 4.99 5.47 5.49

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