Other tax matters on which we provide expert and practical advice include (in alphabetical order):

1. Asset protection: company/trust structures and use of a corporate trustee
2. Attribution of income rules and  application: including possible need to pay market salary to personal services provider (following TRA case V20/W33, Penny & Hooper cases, IRD audit activity)
3. Business ventures: advice on start up, restructuring and sale and purchase of business ventures including companies, trusts and trading trusts - issuing, buyback or cancellation of shares, capital gains, dividends, waiver of dividends, adding or removing members of a partnership, assignment of interests to family trusts, NZ and various international investors
4. Company reconstruction: determining whether purchase and sale of shares upon company reconstruction is capital or revenue, definition of spouse for LAQC and other purposes
5. Debt reconstruction: for example eliminating overdrawn shareholder-employee current accounts, intercompany debt
6. Debt remission: negotiation with IRD
7. Deduction of expenses: capital vs revenue
8. Employment and contractor issues: employee versus independent contractor, deducting expenses, reimbursement payments, provision of benefits including accommodation, vehicles, car parks, discounted shares and interest free loans, rewards points system, failure to deduct PAYE, payment for humiliation and distress, contract retention payments, attribution rule for personal services income, determining market salary, income tax and GST on a damages settlement
9. FIF and PIE regimes: calculation of income/loss
10. Gift duty issues: multiple gifts within 12 months, disclaiming a gift, testamentary distributions direct to trusts
11. Imputation credits: access by shareholders, charities, continuity, overdrawn imputation accounts, further income tax, IRD cancellation of old credits, penalties and successful reversal
12. Liquidations: tax issues arising on voluntary windup/liquidation, GST on mediated settlement and related legal expenses, legal expenses incurred in defending claims from liquidator.
13. Non-profit organisations: Charities’ income tax and GST re activities such as fundraising and grants
14. Primary Sector: correcting invalid, late or procedurally incorrect livestock elections; deduction for expenses of converting sheep to dairy farming, transfer of bloodstock between breeding and racing regime, resowing
15. Qualifying company and LAQCs: eligibility, dividends paid by a qualifying company or LAQC
16. Research and Development Tax Credits (Part LH of the Income Tax Act for 2008/09 income year)
17. Shareholder continuity:
18. Tax treatment of grants: tax status and distributions by a mutual association, tax and GST on a fee for nominating another purchaser, tax and GST on an insurance receipt; GST on transactions between related parties; GST on non-refundable deposit
19. Tax Invoice requirements: for GST purposes including ‘draft’ invoices
20. Time-bar: application to GST,  income tax and imputation adjustments
21. Transfer/transmission of assets: various tax issues arising on death and transmission of assets to related parties
22. Use of money interest (UOMI): backdated transfer of tax credits from a company to a shareholder, and also from a trust to a company, in order to reduce IRD use of money interest; correcting IRD errors in UOMI and imputation calculations; advice on debt repayment programmes and remission of unpaid tax
including voting power based on dividend rights, constitution of company, notional person, look through tests, preserving and accessing accumulated tax losses