New Zealand: New Zealand government releases discussion document on tackling hybrid mismatches

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

New Zealand: New Zealand government releases discussion document on tackling hybrid mismatches

brown.jpg
Stewart

Brendan Brown

Tim Stewart

The New Zealand government released a discussion document on September 6 2016, proposing reforms to address so-called hybrid mismatch arrangements.

The discussion document outlined New Zealand's proposed response to the recommendations contained in the OECD BEPS report under Action 2, Neutralising the Effects of Hybrid Mismatch Arrangements. The OECD Final Report was released on October 5 2015. New Zealand's discussion document generally proposes that the country should amend its domestic laws to reflect the OECD BEPS actions, suggesting a comprehensive approach to implementing the OECD's recommendations.

The discussion document considers, but rejects, an alternative approach of introducing more targeted rules addressing particular arrangements of concern to New Zealand.

While acknowledging the desirability of simplicity, the document states that "in most cases, the impact of hybrid mismatch rules will be to encourage businesses to use simpler structures which do not require the rules to be applied". Despite this statement, the document rejects the need for exceptions for arrangements in which hybrid arrangements are driven by commercial or regulatory rather than tax considerations.

In particular, and in contrast to the position taken by the UK, no exception for bank regulatory capital is proposed.

Also in contrast to the UK's rules, no exception is proposed for hybrid transfers to which a financial trader is party, meaning that New Zealand's tax rules will continue to inhibit securities lending transactions.

The discussion document proposes that New Zealand introduce an "imported mismatch" rule (i.e. to deal with a situation where there is no hybrid mismatch involving New Zealand, but a New Zealand transaction is part of a wider arrangement that involves a mismatch in other jurisdictions). This rule would not apply to a payment to a person in a country that has itself implemented hybrid mismatch rules. The discussion document indicates that an imported mismatch rule that is introduced in New Zealand should, so far as possible, be consistent with the rules adopted by the UK and Australia.

The discussion document proposes that there be no transitional relief (i.e. grandparenting) in respect of transactions entered into on the basis of existing law. The discussion document proposes that the hybrid mismatch rules (if enacted) would apply to payments made after a taxpayer's first tax balance date following enactment.

The discussion document does not indicate when the proposed rules are intended to be enacted, but enactment sometime in 2017 seems likely. So if, for example, the hybrid rules were enacted in September 2017 and a taxpayer had a March 31 balance date, the hybrid mismatch rules would apply to payments made on or after April 1 2018.

The government has sought submissions on the proposals by October 17. It is expected that the proposals will then be included in draft legislation to be introduced to parliament in early 2017.

Brendan Brown (brendan.brown@russellmcveagh.com) and Tim Stewart (tim.stewart@russellmcveagh.com)

Russell McVeagh

Tel: +64 4 819 7748 and +64 4 819 7527

Website: www.russellmcveagh.com

more across site & shared bottom lb ros

More from across our site

ITR spoke to two US TP experts about the long-running dispute, with one arguing that the case highlights ‘weaknesses’ with the comparable uncontrolled transaction method
The new practice, which features former ‘big four’ experience, already has over 20 team members
Speakers from companies including Uber and Stripe told the inaugural AI in Tax Forum to brace for impending changes to how advisers work
Authors from Khaitan & Co dissect a ‘welcome’ ruling, which found that the mere existence of a tax benefit would not, by itself, warrant a principal purpose test
Over two-thirds of survey respondents back the continuation of the UK’s digital services tax, research commissioned by the Fair Tax Foundation also found
Given the US/G7 pillar two deal, the OECD is in danger of being replaced by the UN as the leading global tax reform forum
Cinven’s latest investment follows its acquisition of a stake in Grant Thornton UK in December; in other news, a barrister listed by HMRC as a tax avoidance promoter has alleged harassment
CIT base narrowing measures remain more prevalent than increased CIT rates, the report also highlighted
ITR's parent company, LBG, will acquire The Lawyer, a leading news, intelligence and data-driven insight provider for the legal industry, from Centaur Media
KPMG UK’s Graeme Webster and KPMG Meijburg & Co’s Eduard Sporken outline the 20-year evolution of MAPAs, with DEMPE analyses becoming more prevalent and MAPA requirements growing stricter
Gift this article