Cross border structuring

Our Experts Answer:

Anything involving cross boarder structuring is complicated by the different tax treatments of trusts and companies on each side of the Tasman. For example, Australia and New Zealand don't recognise each other’s imputation and franking credit regimes which makes double taxation of profits on distribution a real challenge.

In all honesty, a simple partnership of owners may be simplest. This allows losses to flow out and be claimed easily and if there are profits, the tax paid in each partners personal hands will be recognised on both sides of the Tasman.

My view is that a keep it simple approach may be best. But you are going to need a pretty robust partnership agreement to navigate all the joint and several liability problems of joint responsibility for the lending.