Tax Issues with s 182 Orders

You may be in litigation with respect to a family trust and need to know what is the best s 182 order to seek on your particular facts from a tax perspective.

Section 182 Orders ?

A Court can make orders under s 182 of the Family Proceedings Act. The leading case is Preston v Preston [2021] NZSC 154. For example orders can be made to resettle a trust. Resettling a trust has potential tax implications depending on what assets are held by the trust. For example because the transfer of assets will be deemed to be at market value there are potential issues of depreciation recovery and tax on land assets. 

Cash distributions have different tax consequences depending the nature of the trust making the distribution. For example there are complying trusts, foreign trusts and non-complying trust with different tax treatments on distributions.

There are also potential bright-line tax issues. The Bright-line rules have some reasonably sophisticated exceptions for transfers from trusts but, it depends on who the transfer it to, their relationship with the trust and the exact nature of the trust. 

James can help you work out what the best orders to seek are given your particular factual situation and asset mix.