"The Troubled Teen Years": Is the repeal of New Zealand’s LAQC regime required?

Loading...
Thumbnail Image
File version
Author(s)
Freudenberg, Brett
Griffith University Author(s)
Primary Supervisor
Other Supervisors
Editor(s)
Date
2008
Size

198784 bytes

File type(s)

application/pdf

Location
License
Abstract

The possible repeal of the Loss Attributing Qualifying Company (LAQC) regime in New Zealand has been raised again. This most recent announcement was canvassed in the discussion document concerning the introduction of a new limited partnership with tax transparency to facilitate venture capital investment. While the repeal of the LAQC regime has not eventuated, this article will argue that the rules for LAQC members utilising allocated losses are inadequate. This means that the LAQCs could compromise the integrity of the New Zealand tax base. Indeed, it will be argued that the loss restriction rules for the new limited partnerships are also inadequate. For both types of tax transparent companies, this article argues for the introduction of a broad loss restriction rule limiting the utilisation of allocated losses to a member's financial exposure amount. Also, important differences in the governance regimes between the two transparent companies are identified to support the continued availability of LAQCs.

Journal Title

New Zealand Journal of Taxation Law and Policy

Conference Title
Book Title
Edition
Volume

14

Issue

1

Thesis Type
Degree Program
School
DOI
Patent number
Funder(s)
Grant identifier(s)
Rights Statement
Rights Statement

© 2008 Thomson Legal & Regulatory Limited. This is the author-manuscript version of this paper. Reproduced in accordance with the copyright policy of the publisher. Please refer to the journal's website for access to the definitive, published version.

Item Access Status
Note
Access the data
Related item(s)
Subject

Accounting, Auditing and Accountability

Law

Persistent link to this record
Citation
Collections