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INCORPORATING IN NEW ZEALAND

WHY CHOOSE NEW ZEALAND
ADVANTAGES OF NEW ZEALAND

 

New Zealand is well known to most readers and requires little introduction. It is a safe, stable and secure country which offers considerable benefits to those involved in international tax planning.

If properly structured, a New Zealand resident company can operate as a tax free offshore company.

New Zealand lies in the South Pacific Ocean and consists of two large islands and a number of smaller islands. Granted autonomy in 1947, New Zealand has a progressive economy that is based largely upon banking and finance. It has undergone substantial structural reform since 1984 and as a result has experienced economic liberalisation. There have been several reforms, such as the removal of interest and exchange controls allowing the free flow of capital in and out of the country. The government has implemented various changes to encourage greater investment in New Zealand. With the overall tax incentives highlighting the positive attitude of the government to place New Zealand amongst the best international financial centres.

 


NEW ZEALAND ADVANTAGES
SECURITY New Zealand is unrivalled in its security, possessing both internal political and regional stability. In a troubled world it does not present itself as a terrorist target.

CONFIDENTIALITY
There are no reporting requirements for foreign trusts and no requirement to file any accounting records with any government or regulatory body

GEOGRAPHICAL
New Zealand is situated in Australasia and therefore is not restricted by the European Union regulations. There is good accessibility by air travel and New Zealand also has the time zone advantage of same day access to Asia and parts of America.

COMMERCIAL INFRASTRUCTURE
New Zealand has a highly reputable business community, enjoying the presence of some of the world's leading banks together with reputable legal and accounting firms. New Zealand prides itself with being at the forefront of industry when it comes to the provision of facilities for e-commerce possessing well developed Internet data centres and internet service providers, together with the necessary supporting telecommunications systems.

OTHER ADVANTAGES FOR USING NEW ZEALAND:
• Able to provide an offshore type trust structure onshore
• It is an English speaking country
• It enjoys political and economic stability
• It is an independent British Commonwealth country
• The legal system is based on English common law
• Its Trust Law is similar to that of other common law jurisdictions
• The legal and banking profession is of a high standard
• It has well developed communication, commercial and business infrastructure
• New Zealand is a full member of the Organisation for Economic Co-operation and Development (O.E.C.D)
• New Zealand is not perceived as a harmful tax jurisdiction by the O.E.C.D whilst providing many of the advantages of an offshore tax jurisdiction
• New Zealand represents a fresh approach to offshore asset protection
• New Zealand is a signatory to the 1922 Hague Convention and can thus provide documents under apostil seal

NEW ZEALAND TAX FREE SPECIAL PURPOSE COMPANY
There is great flexibility in the incorporation and management of a New Zealand Company. It has no capital requirements and has a simple and fast incorporation procedure. If 25% or more of the shareholding is overseas there is an obligation to file annual financial accounts.

OVERVIEW OF KEY FEATURES
New Zealand resident companies are usually taxable. A New Zealand Special Purpose Company, however, which is structured as the Trustee of a non-resident (Offshore) New Zealand Trust is not taxable. The Trust and its beneficiaries are also non-taxable, except on income with a New Zealand source.

If the New Zealand company and Trust have no connection to New Zealand, the complete structure is non-taxable in New Zealand . The company owner and Trust beneficiary may be the same person.

Once incorporated, the company is generally free to do business, open bank accounts, or invest anywhere in the world. In effect, it can operate as a tax free offshore company but without the "tax haven" implications of the traditional offshore centres.

In addition, it benefits from the asset protection features of the Trust, as funds may be moved into and out of the trust as required.

The structure is quick and simple to establish. The only connection with New Zealand is that it will be a New Zealand resident company with a New Zealand registered office.

QUICK REVIEW OF THE NEW ZEALAND SPECIAL PURPOSE COMPANY

Company Status: Companies Act 1993
Type: Limited by Shares
Company ending in: Limited
Language: English
Memorandum & Articles: English
Time to Incorporate: Same day
Plotical Stability Excellent
Common or Civil Law Common
Exchange Controls None
Capital: New Zealand dollar - not specified
Capital Duty: None
Share restrictions: Bearer shares not allowed
Minimum number of shareholders: One
Corporate Shareholders Allowed Yes
Bearer Shares Allowed No
Minimum number of Directors: One
Corporate Directors Allowed No
Directors qualification: Personal, local or overseas
Secretary: Personal, local or overseas
Nationality of Directors/Shareholders Any Country
Annual Meetings Required Yes
Registered Office: We provide
Registered Agent: We provide
Public Information: Company name, registrations, Directors & Members
Documents at Registered Office: Statutory Registers
Accounting requirements: Annual Return filed. Company must maintain proper records.
Annual Return: Payment of Annual Government fee, Directors, Shareholders & changes
Government fees: NZ$60
Where are meetings held: Anywhere
Any exchange controls: None
Double taxation treaties: Comprehensive list of countries
Exchange of information: Yes
Taxation: Tax on profits, not normally capital gains, comprehensive legislation
Attendance in New Zealand Not Required (Formalities by fax, email, and courier)
Bank Accounts Can be open worldwide

 

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