New Trust Reporting Requirements
IRD has now finalised the new reporting requirement for domestic trusts
From the 2021–22 income year, most New Zealand trusts must:
file an income tax return (form IR6)
comply with additional disclosures (as specified in s 59BA of the Tax Administration Act 1994) and
prepare financial statements.
Non-active complying trusts with no income are exempt from these requirements and there are some concessions for other trusts with nominal income.
Some trusts are exempt from the additional disclosure requirements
The following trusts must file a tax return but are exempt from the additional disclosure requirements:
foreign trusts
charitable trusts
trusts that are eligible to be Maori Authorities; widely-held superannuation funds
exempt employee share schemes
debt funding special purpose vehicles and
trusts set up to hold electricity lines companies.
The additional disclosure requirements are extensive
The additional disclosures required for trusts are:
a statement of profit or loss and a statement of financial position
the amount and nature of all settlements made to the trust in the income year
the name, date of birth, jurisdiction of tax residence, and tax file number/taxpayer identification number of all settlors who have made a settlement on the trust in the income year, or settlors whose details have not previously been supplied to IRD
the amount and nature of all distributions made by trustees of the trust in the income year
the name, date of birth, jurisdiction of tax residence, and tax file number/taxpayer identification number, of all beneficiaries receiving such a distribution and
the name, date of birth, jurisdiction of tax residence, and tax file number/taxpayer identification number, of each person having a power of appointment under the trust deed (including the power to appoint or dismiss a trustee, add or remove a beneficiary, or amend the trust deed).
Most trusts will also have to prepare financial statements
Furthermore, most trusts will also have to prepare financial statements. While these financial statements are not filed with the IR6, they must be available if IRD requests to see them.
The specific requirements of the financial statements are set out in the Tax Administration (Financial Statements — Domestic Trusts) Order 2022. The form and content of the financial statements will depend on whether the trust qualifies as a “simplified reporting trust”.
A simplified reporting trust has less onerous reporting obligations
In response to submissions on the originally proposed rules IRD made some concessions, including a two tiered reporting regime. Consequently, a “simplified reporting trust” has less onerous reporting obligations.
A trust qualifies as a simplified reporting trust if it has:
assessable income of less than $100,000 in an income year
deductible income of less than $100,000 in an income year and
total assets of less than $5 million.
Financial statements must be prepared to a basic minimum standard
All trusts required to file a tax return must prepare financial statements to a minimum standard that includes:
a statement of financial position (showing assets and liabilities of the trust using one or more of three specified valuation methods, and state which type is used)
a statement of profit or loss (showing income derived and expenditure incurred)
using the double-entry method of recording transactions and
disclose the type of valuation principle adopted for shares/ownership interests, land and buildings.
In addition to the above requirements, the financial statements for trusts that are not simplified reporting trusts must:
be prepared applying the principles of accrual accounting
include a statement of accounting policies
disclose comparable figures for the previous income year to the extent that the trustee has that information
include a reconciliation between the profit or loss in the statement of profit or loss to taxable income
include an appropriately detailed schedule of the trust’s fixed assets and depreciable property used for tax purposes and
disclose details of any below market value transactions between a trustee and an associated person (aside from minor transactions incidental to the trust’s activities) including the person’s name, the nature of the association, the nature of the transaction and the amounts involved.
Source: https://www.iod.org.nz/