Process to close LAQC due to separation of partners

Tawehi asks:
(updated on Thursday, November 18th 2010)

Due to our circumstances changing, what do my wife and I need to do to wind-up the LAQC that we currently have? There is one property in the LAQC and the property is currently tenanted. Share in the LAQC is 95%-me and 5%-wife. The LAQC currently has a mortagage which is $180k and The last RV was $185k. We currently receive $265 per week. The property was purchased by the LAQC in April 2007. Depreciation was claimed 2007-2008 and 2008-2009.

Our Experts Answer:

The company can't be wound up while it is still trading. The property will need to be sold or transfered out of the company at market value. A final tax return will need to be filed dealing with depreciation recovery and the distribution of any proceeds from the sale. There is then a formal procedure to follow to do a voluntary solvent liquidation of the company that includes gaining consent from IRD for it to be liquidated. 

Mark Withers and his team at Withers Tsang & Co specialise in advising on property related transactions, valuation and restructure services and tax planning.

 

Most Read

AIA - Go Home Loans 4.00
Unity First Home Buyer special 4.15
SBS FirstHome Combo 4.29
ICBC 4.49
Kainga Ora 4.59
SBS Bank Special 4.69
Unity Special 4.80
China Construction Bank 4.85
Co-operative Bank - First Home Special 4.89
Co-operative Bank - Owner Occ 4.99
ASB Bank 4.99
China Construction Bank 4.95
Kainga Ora 4.95
ICBC 4.99
SBS Bank Special 5.29
Unity Special 5.29
Westpac Special 5.29
Co-operative Bank - First Home Special 5.29
ANZ Special 5.35
ASB Bank 5.35
BNZ - Std 5.35
AIA - Go Home Loans 5.35
SBS Bank Special 5.49
ICBC 5.65
Kainga Ora 5.69
ASB Bank 5.75
BNZ - Std 5.75
AIA - Go Home Loans 5.75
Westpac Special 5.75
Kiwibank Special 5.89
Co-operative Bank - First Home Special 5.89
TSB Special 5.99
China Construction Bank 5.99
SBS FirstHome Combo 3.29
AIA - Back My Build 3.34
SBS Construction lending for FHB 3.79
CFML 321 Loans 4.20
ICBC 5.39
Co-operative Bank - Owner Occ 5.69
Co-operative Bank - Standard 5.69
Kainga Ora 5.79
Pepper Money Prime 5.99
Unity Standard 6.04
Unity Special 6.04