The taxation implications of company law reform

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Last edited by NZ Policy Webmaster
February 24, 2022 | History

The taxation implications of company law reform

a discussion document

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  • 0 Want to read
  • 0 Currently reading
  • 0 Have read

A Government consultation document on the implications of company law changes for income tax rules in the various Revenue Acts.

It covers:

  • share repurchases and related issues
  • amalgamations
  • tax accounting issues,and
  • other miscellaneous issues.

It also includes draft legislation and explanatory notes.

Publish Date
Language
English
Pages
132

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Edition Availability
Cover of: The taxation implications of company law reform

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Book Details


Table of Contents

CONTENTS.
PART ONE.
CHAPTER 1: OVERVIEW. 1
1.1 Purpose of the Discussion Document. 1
1.2 Submissions. 1
1.3 Background. 2
1.4 Objective and Scope of this Review. 2
1.5 Outline of the Document. 3
CHAPTER 2: SHARE REPURCHASES AND RELATED ISSUES. 9
2.1 Background. 9
2.2 General Considerations. 9
2.3 Current Rules for Taxing Share Cancellations. 11
2.4 Proposed Changes. 13
2.5 Mechanism for Taxing the Dividend Component of Share. 19
2.6 Treasury Stock Option. 24
2.7 Summary of Proposals. 24
Annex 2.1 Current Rules for Calculating Paid-Up Capital, Qualifying Share Premium and Excess Return Amount. 26
Annex 2.2 Mechanisms for Taxing the Dividend Component. 28
Annex 2.3 Examples of Mechanisms for Taxing the Dividend Component. 29
CHAPTER 3: AMALGAMATIONS. 31
3.1 Introduction. 31
3.2 The Amalgamation Provisions of the New Companies Act. 31
3.3 Tax Treatment of Revenue Account Shareholders in an Amalgamation. 32
3.4 Tax Treatment of Asset Transfers. 33
3.5 Losses and Imputation Credits. 34
3.6 Conclusion. 37
3.7 Summary of Proposals. 38
CHAPTER 4: TAX ACCOUNTING ISSUES. 39
4.1 Introduction. 39
4.2 Treatment of Company Accounting Reserves for Tax Purposes. 39
4.3 Amalgamations. 43
4.4 Excess Distributions. 44
4.5 Summary of Proposals. 45
Annex 4.1 Application of Tax Accounting Rules to an Amalgamation. 47
CHAPTER 5: MISCELLANEOUS ISSUES. 49
5.1 Introduction. 49
5.2 Capital Structure: Abolition of Nominal and Par Value. 49
5.3 Measurement of Shareholder Interests. 50
5.4 Abolition of Private and Public Company Distinction. 52
5.5 Proprietary Companies. 53
5.6 Companies Act References. 53
5.7 One Shareholder/One Share Companies. 54
5.8 Company Constitutions: Abolition of Memoranda and Articles of Association. 54
5.9 Other Terminology Changes. 54
5.10 Commissioner's Status as Preferred Creditor. 56
5.11 Summary of Proposals. 57
Annex 5.1. 58
Annex 5.2. 60
Annex 5.3. 62
Annex 5.4. 64
Annex 5.5. 66
Annex 5.6. 67
Annex 5.7. 69
PART TWO.
EXPLANATORY NOTES TO DRAFT LEGISLATION. 71
DRAFT LEGISLATION.

Edition Notes

Published in
Wellington, NZ
Copyright Date
1993

The Physical Object

Format
Paperback
Pagination
iv, 80, 36 p. : ill. ; 30 cm.
Number of pages
132
Dimensions
30 x x centimeters

ID Numbers

Open Library
OL37079897M
OCLC/WorldCat
154225172

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History

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February 24, 2022 Edited by NZ Policy Webmaster Improve book description
February 24, 2022 Edited by NZ Policy Webmaster Add initial entry
February 24, 2022 Created by NZ Policy Webmaster Added new book.