Abstract New Zealand law does not recognise foundations, yet they increasingly intersect with the New Zealand legal system. This article examines how foreign foundations may be characterised under New Zealand law: as trusts, companies, or something else entirely. Drawing on a critical analysis of a 2023 tax authority decision, the article examines key features that may guide practitioners and decision-makers in characterising foundations. It highlights the uncertainties and significant consequences flowing from classification decisions, emphasising the importance of a close and nuanced analysis of a foundation’s foreign legal features and their New Zealand analogues.
Walker et al. (Fri,) studied this question.
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